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Chile: Political Coals of Aylwin's Human Rights Sfralej^Bj
In March ofgovernment-commiisiooedig Pinochet era human rights abuses has rvi ihe military cm the defensive andcrnxTst backlash, sparking pool* detatt over the acceptable costs of Preiidrni Ayhvinnodcrsic human righu policy. Some ruling coalition members and rigtitisi politicians. char|in| thai government stepsestore civil uberties denied under the military regime have iioderrnii cd public tafeiy. have called on Aylwin to restore theerna) security dusks evelopment Army Chief Pujoche^as^cntouriaed and the Frcsideru has resisted. |
In recent weeks, the President has tned to defied cnttcaun of both nit administration and die milnary. with wtMch he has sought so establish cordial relations, by giving the police forces broader enforcement powers and blaming the lar left for the upsurge in violence. Aylwin ha. also puMxly cmpnasited Judicialaw he-nan ngfu vwlaucns.ressed for sweeping Supreme Coon re/ormi In our view, Ay twin isbandon his moderate human righu strategy orhe Army to rcassurne an hueraal security rose, even in the face of aa upsurge in terrorism or increased public crilkusm. IVevertheless. die President's efforts to advance judscusj reform to resolve the human righu issue may make muitary officen more vulnerable to prosecutions for abuses, raisingilaary trnspns and pulling the political right on tbe def ensiv c
fallout From Human Righu Rrport
layrwin sought u> defuse she emotional human rights Issue by creating the Rcuig Commission, headed by former Senator Raul Rcttig, He gavearrow mandase to investigate deaUis or disappearances during the Pinochet era and to compensate rrlauvcs of victims. The move initiallyave of public crtticissa of the ntlutary. with the far left seizing on upress for Pinochet's rrmovaj as Army Chief and the repeal of8 amnesty law, which protects ofkeis from prosecution for crimes commuted before that date The msliuuy hierarchy mmailtait-and-see
Fallout from the publication in March this year of the comrriission report detaihng armed forces con*pt<ify in moredeaths is icsiing Aylwin'sconcUiaiory skills and the cotnmitmcni of the ruling coalition lo his nsodcntlcights strategy. Some coalition members onkit initially reacted to the repon by renewing calls for Pinochet's removal, which the Army high command answered by publicly restating its unconditional support for she General. InceeaseC public CTTOCisni of the armed forces, in mm. put rightist alhes on the dcfcnsjvcBawfl
Arroriit activity following the Reuig report'sl lij iluflpiil nf liiiiiirom mem conseivauve ally of Pinochet, has heightened political debate among centrist and rightist politicians over the potential costs ofuman nghu strategy. Rightist poliueiara and some members of Aylwin's coalition are trying to recoup their position by entitling ihe lethal consequences of the Remg rcpon and the government'i couotenerrDrism policy, according to pressrominent senator from Aylwin's Christian Democratic Party has proposed tlut Ihe President return the Army so its role in maintaining iruemal security because the police forces are not up to
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Proposed Reforms of the Judiciary
Thenefficiency and lack of integrity seriously eroded public confidence in 'he judiciary during the Pinochet years, leading to widespread acknowledgement that the institution needs reform. The Aylwin administration's proposed constitutional changes wouldotional Court ofof represenioilvts of the legal profession. the President, andformulaic judicial policy. The entity's goal would be to improve court functioning and ensure objectivity. It wouldbe responsiblefor nominating prospective judges, prosecutors, and lawyers, and atiminisur ausAliaries to organisations such as the Judicial School, the Notional Service of Legal Defense, and the judicial police. The proposed bill would also create an ombudsman, nominatedour-year term by the President and confirmedimple majority of the legislature, to safeguard civil and
The government has also targeted the Supreme Court for sweeping sf i'tural reforms. Faced withigh court justices who still have long terms to serve. 'Ae gorrrnnvni favors adding five more and raising standards for entry into the judicial branch andforomro'trsial provision ofthe bill callshird ofthe Supreme Courte attorneys drawn from outside the judiciary and would allow the National Court ofthan the Supreme Court, as Is now thepropose new justices and the prosecutor to the Court, subject to Presidential
Aylwin is likely to encounter tigntficant resistance to his proposed reforms from rightist legislators and the Supreme Court. The National Renovation Party, although acknowledging the need for reform, has indicated it willtrong battle in the legislature over Aylwin's proposed changes. In addition to refusing to discuss the proposed legislation while the government is publicly criticising the judiciary'sfailings, the party has chargedotional Court of Justice will poHticitt the judicial branch. Press reports say thai al least some members of the Supreme Court are opposed to the creationational Couri of Justice, and the Court soon willeport to the Congress on the
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to the Chilton constimion. the Supreme Court Presidentne-time, fivt-jtar urn. and is elected from and by the members of the Supreme Court. This June, Judge Enrique Coma, who was elected to the position,umber of commentsengthy press interview suggcttlng that he will be an ImpedimtiUto Aybein's efforts to reform theexample:
"The Eseculive-Prtsidential power of the Republic locks the faculties to discredit, in such an unjust and strong manner, the Supremehe criticisms made against us have no basis: we have upheld the tasting law.'
an't accept-far anypropoted National Council of Justice. It signifies the death of the independence of the Judicial branch."
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UV Guzman assassination,pledged increased funding and training fo>constabulary force and dieannounced focmaiionpecial insclligencebetter cocrdinaic UVif efforts In addition,has proposed legislation to permitcaps and access to bank accounts, andihe eiisang ainiiemxisi Law to reduceoeovide immunity to
At use same urnc. we believe critic bin from the right has compelled Aylwin ID play down efforts to restore civII liberties eroded during the Pinochet years. Aylwin. having sponsored laws during his first year that redefined terrorist crimes and enabled ban to pardon leftists imprisoned under the military regime, has nowscrable so charges from the far right irji_ such laws ctvnpronatsc public tocurk)ardoned bysince discovered to have terrorist Ifurther undercut ihe President'i poiiuofi. In in effort todefuu this issue, Aylwia stressed foflowitig the Guzman murder that he would review pardons for political prisoners more carefully and that those linked to terrorist groups could eipccf no lenicncy.|
nd Pointing (he Finger
The government hat complemented lis tougher law enforcement line with public aiaiemcnts emphasizing the estremc left's respoouBiliiy (or the violence. The government is pressing sedition charges against two terrorist groups, and Aylwin publicly rebuked Comsnumst Party leader Lata Cor*an for advising Chilean youth to store (hear arms as ease of future need In addiixti. olTicialiided commentecent press reports hinting at possible rightist invest vemem in the political valence, apparently so avosd eaacerbaiing tensions with the military and the pohncal right. In April, the media detailed the ihducuoo and tortureeftist student leader and allegations by an alleged former member of the
disbanded Pinochci-era secret police thaiercent of the bomb attacks blamed on the left during that period were perpetrated by the security servic
Aylwin has tried to protect his administrationofthe military,rights-relatedfocusingthe judiciary's complicity in past humanand calling for sweeping reform. Duringof military rule, Pinochet packed thewith hand picked judges, and the courtslaws with little regard to civil orAylwin has
^^TeCouruora^acTcTrnoral courage" in dealing with the abuses detailed in the Rcttig report, and called onp processing o! human rights cases. He has pressed the justices to reconsider their decision that8 amnesty law prohibits investigations to establish responsibility for abuses committed before that date. Finally, Aylwin has proposed reform legislationestore thendependence and integrity by opanding the number of Supreme Courtdiluting the influence ofaLOrut^ouri of Justice with oversight over the judiciary^
The Supreme Court and political right have reacted stronglyhe Prcsidcni'i siaicmcnu. charging that he ismear campaign against the Court and interfering with the judicial process. The National Renovation Party claims that discussing judrcial reform is inappropriate while the courts are under attack. The justices, citing recently discovered terrorist threats against them, have stated thai Aylwin's criticisms threaten the "current rule of law"!
Outlook
Public supportolicy of reconciliation still appears strong. In our view. Aylwin is unlikely to abandon his moderate human righu strategy, even in the face of incicascd terrorism and growing pressure from political parties and the military. He is likely to try to deflect criticism by continuing to "talk tough" on political violence, to highlight administration law-and-ordcr measures, and to push leftist political parties to rein in terrorist groups .1
Reorganixirig the judicial branch probably will also increase pressure on the Aylwin government to clarify its posiuon on the amnesty Law, pmsecuucaisof individual officers, and the possibf pardons Although many officers presumably rccogniic hat the govemmcrs cannot ignore past abases, some may close ranks behind Pinochet if Aylwin appears unwilling or unable to deflect public demands for exhaustive legal proceedings. In our view, Aylwin. recognizing this risk, may try toecret bargain wnn the military hierarchy whereby the laucr agrees to the matew 'expendable" officers in returnromise of govensment amnesties and prosecboo for the senior leadership. Increasing public calls for justice could impede the government's ability to negotiateeal, however rbiss. judicial reform is Idtefy lo come at the cost ofgoveroment retaliosss waft the military and as arad.uonal allies on the political right.
Despite the political beat tha: progress on judic al reform may engender, it will advance Washington's goals of consolidating On lean democracy under sucng civilian authority and redressing past human rights violations. Reforms could spur mvtsufaljons of oujianling human rights cases and assisthe resolution of those now pending.ore independent judiciary would significantly enhance prospectsut resolution of Bat Leather ease, involving6 murders of former Foreign Minima U1 and his US assistant In Washington.!
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