The Pinochet effect

The Pinochet Effect means that many former dictators may face their accusers in court

By James Reynolds in Santiago

For many years, ex-military rulers in South America were protected from trial by a series of amnesty laws, presidential pardons, and tacit agreements.

Generals who were once all-powerful and untouchable are no longer beyond the reach of the law.

This was seen by many as an acceptable price to pay for a peaceful transition to democracy.

However, the arrest of Chile's former military leader, Augusto Pinochet, in Britain in October 1998 changed that.

No longer 'untouchable'

His detention ended the belief that ex-dictators were untouchable.

For the first time, many in South America began to contemplate seriously the possibility of bringing former military leaders to trial.

Augusto Pinochet thought that he would be safe back home in Chile

This would have been unthinkable before General Pinochet's arrest.

Bit by bit over the last two years, the series of amnesties, pardons and agreements has begun to unravel.

The so-called "Pinochet effect" has been most noticeable in the general's own country.

Chile's courts have now, for the first time, begun to avoid the 1978 Amnesty Law, which for many years prevented the trial of those accused of human rights abuses.

A number of senior retired officials have now been arrested and charged.

Galtieri: A warrant for his arrest is under consideration

General Pinochet himself has been affected by the profound changes in his country's judicial system.

In June, the Court of Appeal in Santiago voted to strip him of the immunity from prosecution he holds as a life senator.

In early August, the Supreme Court ratified this decision.

The path towards a full trial is now open, after many years during which it was thought that a trial of General Pinochet in his own country was impossible.

Now, many see it as inevitable. In neighbouring Argentina, a number of former members of the military junta which ruled from 1976 - 1983 have been placed under arrest.

They are accused of taking part in a plan to kidnap babies born to political prisoners.

Stroessner: Brazil moving to indict Paraguay's former strongman

The case against the retired officers is now proceeding, albeit at a very slow pace.

In Uruguay, a commission has now been established to try to find out what happened to those people who disappeared during the country's years of military rule.

In Brazil, a congressional commission has begun moves to indict Paraguay's former military ruler, Alfredo Stroessner, who is living in exile in Brasilia.

Wider repercussions

In addition, some African countries have also been seeking justice.

Human rights groups in Senegal tried to bring a prosecution against Hissene Habre, the former dictator of Chad.

However, the court ruled that it had no jurisdiction over crimes committed outside the country.

Mengistu: Fled human rights campaigners in South Africa

Mengistu Haile Mariam, the former military dictator of Ethiopia, now in exile in Zimbabwe, recently visited South Africa for medical attention.

Human rights campaigners, inspired by the Pinochet case, argued that the South African authorities should arrest the former ruler. Mengistu returned to Zimbabwe before legal action could get off the ground.

In Indonesia, prosecutors have filed corruption charges against the disgraced former Indonesian President Suharto.

The indictment accused him of embezzling $571m from the state during his 32-year rule.

For the moment, few in South America expect to see the former military rulers convicted.

Suharto: He and his millions were believed to be untouchable

For the most part, they are elderly, in ill-health, and are not expected to survive the lengthy legal processes begun against them.

But for many, the main point has already been made: generals who were once all-powerful and untouchable are no longer beyond the reach of the law.

This is proof that full democracy is finally beginning to establish itself, at the very least, in South America.