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Just like life under Pinochet
By Nir Hasson

"The Palestinians' lives under the occupation are reminiscent of the lives of Chile's citizens under the dictatorship," says Chilean Judge Juan Guzman, who is visiting Israel, last week. "There, too, people who thought differently were considered enemies: They were imprisoned, tortured and killed. There, too, people couldn't move from place to place, they didn't have freedom and they didn't have equality before the law. But here it's harder. It has been going on for longer," he added.

Guzman, 68, became known at the end of the 1990s as an investigative judge pursuing Augusto Pinochet, Chile's military dictator between 1973 and 1990. Guzman waged a long legal battle against Pinochet. Despite the former dictator's immunity, Guzman succeeded in filing several indictments against him and bringing him to trial. Pinochet's trial was never completed because of his health, and he died two months ago at age 91.

Last week Guzman came to Israel as a guest of the Israeli Committee Against House Demolitions (ICAHD) and the Alternative Information Center (AIC) to examine indicting Israelis responsible for house demolitions in European courts. Thus far, legal proceedings have been initiated only against military officers. The committee wants to indict civilians as well.

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ICAHD has a list of three officials from the Civil Administration, the Jerusalem municipality and the Interior Ministry who ordered the demolition of houses. It is seeking to submit investigation requests against the officials in a European country where the courts have the authority to address international human rights violations. Guzman is slated to give the international seal of approval to the move. If such an investigation is opened, presumably arrest orders will be issued against the three and they will encounter difficulties in visiting Europe.

Guzman's great antagonist, Pinochet, died on December 10, International Human Rights Day. "I did not feel satisfaction, but I wasn't sad either," he says. "Chile lost a historic opportunity to rebuild itself," he says. "After the justice system was destroyed during the 17-year-long dictatorship, this was an opportunity to demonstrate its independence and to prove to Chile and to the entire world that no one is above the law, that even Pinochet can be tried."

Guzman disagrees with the Chilean Supreme Court, which ruled that Pinochet was not mentally able to stand trial. He says Pinochet was lucid until his last day.

Guzman has been a judge for 36 years. In January 1998, when he was serving as a judge in the Supreme Court of Santiago, he was chosen to investigate human rights charges filed against Pinochet and his officers. Guzman received 98 cases involving Pinochet. He traveled throughout Chile and conducted a comprehensive investigation into Pinochet's crimes.

Several months later, Pinochet was arrested in London by order of a Spanish judge, over Spanish citizens killed under the dictatorship. Pinochet returned to Chile a year and five months later, after a British court ruled that because of his poor health, he could not be extradited to Spain. Soon after that, Guzman field his first indictment on charges of responsibility for the "death squad," a secret police unit that murdered 75 regime opponents. Guzman also ordered the house arrest of the former dictator. The decision aroused a storm in Chile: Rightist elements and military officials took Pinochet's side, whereas the left took to the street to celebrate.

"It was no simple matter to bring Pinochet to trial," explains Hebrew University political science professor Mario Sznajder. "For some of the country's inhabitants, Pinochet was considered the nation's savior from the Communists." In addition, Pinochet enjoyed immunity after appointing himself a senator for life, and by virtue of the "amnesty law" he legislated. This law granted "automatic amnesty" to anyone who committed crimes before 1978, but Guzman circumvented this in a sophisticated way.

"I proved the law does not cover disappearances (the fates of more than 1,000 regime opponents are still unknown - N.H.). Thus, as in cases of kidnapping, this is a matter of a crime that did not end in 1978, but rather is ongoing, and until we find out what happened to those people, even if the amnesty law covers part of the crime, it does not cover all of it. The Supreme Court accepted my opinion," Guzman says.

In 2001, the Chilean Supreme Court ordered the proceedings against Pinochet cancelled due to his mental unfitness. Two years later, Guzman came across an interview Pinochet gave a Cuban television station in the United States on the 30th anniversary of the military coup.

"He spoke about 158 different subjects and appeared to be in very good and lucid shape," recalls Guzman. In the wake of the interview, which proved the dictator was fit to stand trial, Guzman reopened the investigation. The Supreme Court again revoked Pinochet's immunity, and Guzman filed another indictment against him, this time for Operation Condor - the South American military regimes' cooperation in persecuting opponents, which resulted in hundreds of murders.

Guzman went to Pinochet's home and interrogated him. "He could tell the difference between good and evil, and he could also tell the difference between what was convenient for him to answer and what was not convenient," relates Guzman. "This time he was less nice to me than he had been the first time. He understood I was prosecuting him. But he did not insult me and he was not aggressive."

Half a year later Guzman succeeded in filing yet another indictment, this time for what was called Operation Colombo, during the course of which 119 Communist activists disappeared. Their bodies were never found. These legal proceedings, like others opened by other investigative judges, were not completed by the time Pinochet died. "These investigations did the country a great favor. They openly showed what had happened during the time of the dictatorship," says Guzman. "Many Chileans did not believe things like that had indeed happened, and thought they were an invention of the Communists. But when the investigations began, they started to believe. I believe that thanks to those investigations, my country will never again fall into a dictatorship. In Spanish we say nunca mas - never again."

Professor Sznajder agrees. "Guzman's importance was that he tried to get to Pinochet, not as a journalist or as a political opponent, but rather by virtue of the authority of democratic law. He contributed to eliminating Chile's black hole, to erasing the second version of what had happened during those years. He touched upon the most painful things, opened wounds, uncovered facts and brought about a change, even if no verdict was obtained."

Guzman has no doubt that like Pinochet's officers and officials, Israeli officers and officials will pay the price of the crimes he believes are being committed against the Palestinians. "If we learn from history, it appears that ultimately those who commit crimes against humanity and violate human rights are judged, whether by a special international court or in a country. Sooner or later, human right violations come to court," he says.

During his trip, Guzman visited two Palestinian families whose homes in Issawiyeh and A-Tur were demolished. One of the families has been living in a tent near the ruins for two weeks.

"I saw them crying. Every home demolition is the demolition of a person's dignity and intimacy, and is prohibited by international law. I have also seen the wall built in occupied territory. I don't understand this, and I don't believe it is connected to security. It isn't logical. I am certain there are other ways to protect the Israelis, and at the same time, the Palestinians must be protected.

"I admire the Jewish people for the suffering it has endured and for its achievements in science, literature and music," he continues. "I identify with the Israelis, but my heart is with the people living under occupation and whose rights are being violated. Israel feels it is the victim of terror, but when you are here, you realize that what the Palestinians are doing is resisting occupation. The Palestinians are the victims, they are being exploited, their homes are being demolished, they are being detained under administrative orders, their property is being damaged, they need permits to move from place to place and their cities are becoming large prisons. There is no doubt they are the victims."

Guzman does not make any commitment that indictments will be filed against those responsible for demolishing homes. "I will study the issue, I will consult and I will see how the process can be advanced," he says, "but there is no doubt that with respect to international law, civilians directly responsible for human rights violations can be indicted, just like soldiers."

Meir Margalit, the field coordinator for ICAHD and the person who invited Guzman to visit Israel, says he has despaired of the Israeli justice system. "We feel we have exhausted the option of an Israeli investigator. Salvation won't come from here, and things are getting worse. Every year, about 400 houses in East Jerusalem and the territories are demolished."

"I am here on a peace mission," says Guzman. "I want my activities to awaken discussion of whether what is happening here is justified. From the Chilean experience, we know activity like this can cease human rights violations. I implore the Israeli government to stop the house demolitions, for the sake of its good reputation and for the sake of the good reputation of the entire human race."

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  1.   Life under 23:36  |  Shmuelshachor 11/02/07
  2.   Cuban Television Station in the United States? 23:59  |  Johnny Weintraub 11/02/07
  3.   Goys invent a new kind of logic 00:28  |  JewLikeYou 12/02/07
  4.   pinochet vs. palestinians 01:29  |  avrumiye 12/02/07
  5.   Guzman`s statements are wrong and insidious 02:59  |  Roberto Feldmann 12/02/07
  6.   adherece to civilized law 03:30  |  david 12/02/07
  7.   jewlikeyou # 3 03:50  |  dubious 12/02/07
  8.   Why Not Venezuela, Cuba, Mexico Bolivia? 03:51  |  Tony Anthony 12/02/07
  9.   Mr. Roberto: Israeli torture chambers 04:56  |  Ibn Filastin 12/02/07
  10.   It is like life under Bush 05:54  |  Herbert Kaine 12/02/07
  11.   Guzman 06:15  |  Adam 12/02/07
  12.   It`s the terrorism, stupid 07:19  |  MarkC 12/02/07
  13.   Life under Pinochet 07:33  |  Oleg 12/02/07
  14.   #7 08:10  |  Ehud D 12/02/07
  15.   oleg 09:03  |  max bortnick 12/02/07
  16.   To Mr Feldman 09:07  |  Nakhle 12/02/07
  17.   guzman 09:08  |  leon 12/02/07
  18.   Such an idiot a new hero of Lefties 09:15  |  Absolute Sweden 12/02/07
  19.   ICAHD is a radical left wing organization 09:55  |  Ken Jurist 12/02/07
  20.   Pinochet did not bomb residential areas 10:34  |  John 12/02/07
  21.   To 18/ idiot leftists 10:34  |  Anne 12/02/07
  22.   Guzman 10:46  |  SAM 12/02/07
  23.   Not the very best of all comparisons..... 10:46  |  Swiss (Dino) 12/02/07
  24.   HOW MANY SUICIDE BOMBERS WERE IN CHILE ?? 10:51  |  paul harris 12/02/07
  25.   #20 WRONG JOHN HE ATTEMPTED TO KEEP THE LEFT WING NUTS FROM DESTR 10:53  |  paul harris 12/02/07
  26.   anne #21 11:01  |  watching 12/02/07
  27.   Not comparable at all 11:10  |  Yaron 12/02/07
  28.   congratulations to truth-teller 11:24  |  raymond deane 12/02/07
  29.   Occupation? LIfe under Islam is the problem 11:49  |  Steven 12/02/07
  30.   to steven; rotten fruit 12:09  |  Ronda 12/02/07
  31.   Coming to terms with Occupation 12:16  |  Duh 12/02/07
  32.   Tony Anthony, My Texas Neighbor 12:18  |  Johnny Weintraub 12/02/07
  33.   Ronda the green houses did not produce fruit 12:21  |  Steven 12/02/07
  34.   more to Ronda 12:23  |  Steven 12/02/07
  35.   more to Ronda 12:23  |  Steven 12/02/07
  36.   Beirut 31 12:33  |  Steven 12/02/07
  37.   # 32 Johnny Weintraub 1984 ?? 12:45  |  Swiss (Dino) 12/02/07
  38.   Agree Not comparable 12:55  |  Daviniaking 12/02/07
  39.   Mr. Guzman views 12:55  |  Taha Mokhtar 12/02/07
  40.   Israeli People 12:57  |  Daviniaking 12/02/07
  41.   Judge Guzman 13:00  |  Daviniaking 12/02/07
  42.   jweintraub and his musings on allende 13:05  |  watching 12/02/07
  43.   Talmud Teachings 13:19  |  daviniaking 12/02/07
  44.   to Johnnyh Weintnraub 13:22  |  Big 12/02/07
  45.   DAVINIAKING"Palestinians are now on the verge of mass starvation" 13:26  |  PETER SM 12/02/07
  46.   Insincere Guzman 13:26  |  Ehud 12/02/07
  47.   Daviniaking"There are none so blind as those that will not see" 13:36  |  PETER SM 12/02/07
  48.   palestinian suffering 13:58  |  real vision 12/02/07
  49.   More stupidity being put into press 14:01  |  Zuriel 12/02/07
  50.   #47 says it all 14:01  |  bounce 12/02/07
  51.   DAVINIAKING"Bloody minded" Moslems killing 100`s of Moslems daily 14:07  |  PETER SM 12/02/07
  52.   At least the Chiles people were allowed to travel during Pinochet 14:27  |  Tamir Gaza 12/02/07
  53.   pinochet 14:39  |  vladimir 12/02/07
  54.   Tamir Gaza.How did the Pal leadership just get to Saudi Arabia? 14:47  |  PETER SM 12/02/07
  55.   TO #31 Duh in Beirut; you´re so right! 14:54  |  Alicia 12/02/07
  56.   @15, max bortnick 14:55  |  vladimir 12/02/07
  57.   another crazy one 15:19  |  Gene 12/02/07
  58.   Peter sm 15:28  |  Tamir Gaza 12/02/07
  59.   Tamir Gaza a liar 15:38  |  Steven 12/02/07
  60.   more to tamir gaza 15:40  |  Steven 12/02/07
  61.   Guzman 15:45  |  Abby 12/02/07
  62.   HAARETZ: What a rubbish are you printing?! What a comparison?! 15:51  |  Vittorio 12/02/07
  63.   The ball still inside the Israel square, yes yes 15:51  |  Tamir Gaza 12/02/07
  64.   We`re not "occupiers". It`s our Homeland! 15:53  |  Chaim 12/02/07
  65.   Ehud in Tel Aviv (Post No. 46) 15:55  |  Johnny Weintraub 12/02/07
  66.   Guzman : "I admire the Jewish people "... Yeah Right.. 15:57  |  Barry 12/02/07
  67.   #5 Roberto--it does not appear 16:06  |  ballistic 12/02/07
  68.   #51 Peter SM 16:13  |  ballistic 12/02/07
  69.   To Max Bortnik 16:34  |  Gene 12/02/07
  70.   JewLikeYou and his defene of Guzman #3 16:38  |  Yaakov Sullkivan 12/02/07
  71.   Guzman Who ? 16:41  |  Wendy 12/02/07
  72.   Is so easy to talk 16:58  |  Uber 12/02/07
  73.   to ballistic#68 17:22  |  Ilya 12/02/07
  74.   Israelis are blind for their arrogance 17:31  |  European 12/02/07
  75.   worse than pinochet for sure 17:54  |  mehmet 12/02/07
  76.   What this fool Guzman nelects to comprehend 18:01  |  bimmer 12/02/07
  77.   European 74 you are an historic revisionist 18:07  |  Steven 12/02/07
  78.   Allende, Pinochet and Guzman 18:28  |  MR 12/02/07
  79.   When Israel will recognize the barbarie they are involved in? 18:35  |  George Khadra 12/02/07
  80.   #73 Ilya--what`s your point? 18:41  |  ballistic 12/02/07
  81.   # 5 Roberto Feldman 18:51  |  Nick Ferriman 12/02/07
  82.   #81 Uh oh, Nick; lay it out for the Rabbi. 19:00  |  ballistic 12/02/07
  83.   #9 Israeli Torture Chambers. 19:00  |  Par Excellence 12/02/07
  84.   #64 Chaim 19:05  |  Slugfest 12/02/07
  85.   # 76 Bimmer, you have not understood the democratic mandate. 19:06  |  Nick Ferriman 12/02/07
  86.   it`s not helpful at all 19:10  |  Cat 12/02/07
  87.   Not Quite MR Guzman 19:14  |  Danite 12/02/07
  88.   daviniaking 19:16  |  Danite 12/02/07
  89.   #81 Nick Ferriman 19:17  |  MR 12/02/07
  90.   "Yaakov" 19:19  |  Danite 12/02/07
  91.   Thank you "Danite" for your thoughtful comments #88 19:32  |  Yaakov Sullivan 12/02/07
  92.   Not so bad 19:36  |  Fritz 12/02/07
  93.   #85 Hey Danite; are the zionists guilty of 19:45  |  ballistic 12/02/07
  94.   Now I am confused here.. 19:47  |  Ron 12/02/07
  95.   lsrail you time will come 20:05  |  leiv 12/02/07
  96.   #85 Nick from Bangkok: 20:12  |  bimmer 12/02/07
  97.   #92 20:21  |  MR 12/02/07
  98.   Terrible past mistakes on both sides 20:23  |  Student of Man 12/02/07
  99.   To my zionist & criminal friends! 20:31  |  Bwana Meteor 12/02/07
  100.   ...to chilote Guzman..10 years of dictatorship!! .were your guts? 20:32  |  UGY the she camel 12/02/07
  101.   #38 Daviniaking 20:49  |  Jo Jo 12/02/07
  102.   Let`s talk FACTS Bimmer! 20:50  |  Wiktor 12/02/07
  103.   Bimmer, your examples are ready for you! 20:55  |  Wiktor 12/02/07
  104.   #96 Bimmer, from all you said, what is the 20:56  |  ballistic 12/02/07
  105.   Rhonda is wrong see why! 20:57  |  Steven 12/02/07
  106.   Chilotes are Christians ? 21:02  |  UGY the she camel 12/02/07
  107.   #102 WIKTOR 21:20  |  Par Excellence 12/02/07
  108.   Chilote Guzman,come to visit us... 21:25  |  soldier 12/02/07
  109.   #102 Very easy to find out the facts - if you really care to 21:29  |  bimmer 12/02/07
  110.   Guzman tells it like it is.Obviously, an anti-semite! 21:40  |  Toronto`s Finest 12/02/07
  111.   To Danite #87 21:47  |  Persian Kitty 12/02/07
  112.   Re `Goys invent a new kind of logic` (I) 21:52  |  Colin Wright 12/02/07
  113.   To Bimmer #109 21:55  |  Persian Kitty 12/02/07
  114.   BALLISTIC Blame shifting again.When Moslems kill Moslems 21:56  |  PETER SM 12/02/07
  115.   Re `Goys invent a new kind of logic` (II) 21:57  |  Colin Wright 12/02/07
  116.   Chilote...you know the diference between Genocide and War? 21:59  |  soldier holim(Rusia) 12/02/07
  117.   TRONNOS finest.Another day another selective view of the issue. 22:05  |  PETER SM 12/02/07
  118.   Toronto`s finest, well, of course... #110 22:06  |  Yaakov Sullivan 12/02/07
  119.   #109 bimmer 22:07  |  racontour 12/02/07
  120.   to #102 palestinian `facts` Part I 22:09  |  bimmer 12/02/07
  121.   The Israeli Occupation is a cancer 22:21  |  Ibrahim 12/02/07
  122.   If not for Pinochet...chilotes still indians and comunist 22:22  |  bolita 12/02/07
  123.   #102 More Facts for you Part II 22:27  |  bimmer 12/02/07
  124.   "Yaakov" 22:27  |  Danite 12/02/07
  125.   toronto`s finest what? 22:31  |  yirmi 12/02/07
  126.   Okay Ballisitc 22:33  |  Danite 12/02/07
  127.   Ballistic#2 22:36  |  Danite 12/02/07
  128.   Israeli torture 22:59  |  Nathan 12/02/07
  129.   to paul harris 23:00  |  Nathan 12/02/07
  130.   Mr Guzman, you know the differencce between genocide and war? 23:17  |  olim from Russia 12/02/07
  131.   Mr Guzman...you know,all know...chilotes look like araucanos... 23:39  |  Otto 12/02/07
  132.   TRONNOS FINEST.Telling it like it is or selecting.? 23:45  |  PETER SM 12/02/07
  133.   good for him 23:51  |  peacelover 12/02/07
  134.   let the accusations rain on him:)) 23:56  |  HarryDC 12/02/07
  135.   Ballistic "you are such a kidder" 23:59  |  Danite 12/02/07
  136.   To Haaretz 00:33  |  Persian Kitty 13/02/07
  137.   MarkC 00:39  |  John 13/02/07
  138.   BWANA&WIKTOR.Rejection war & terror by the Arabs since 1920`s. 01:01  |  PETER SM 13/02/07
  139.   to ibn filastin on # 9 01:09  |  Shmuelshachor 13/02/07
  140.   TRONTOS Finest.How many people have called him an anti semite? 01:46  |  PETER SM 13/02/07
  141.   Life under 02:09  |  Gabriel Smirnow 13/02/07
  142.   Max (#15) 02:21  |  Calgary 13/02/07
  143.   #81 Nick 02:48  |  John 13/02/07
  144.   Par Excellence, please do explain yourself. 03:31  |  Wiktor 13/02/07
  145.   still good peaple out there!! 04:09  |  sami 13/02/07
  146.   Another leftist jumping on the Palestinian bandwagon without 04:11  |  Marwan مروان خو 13/02/07
  147.   #125 Wiktor 04:29  |  Par Excellence 13/02/07
  148.   WIKTOR"am supposed to kiss the zionists rear end - or else?" 04:41  |  PETER SM 13/02/07
  149.   To Ibn Falastin N°9 06:01  |  Roberto Feldmann 13/02/07
  150.   Response to Nakhle # 16 06:07  |  Roberto Feldmann 13/02/07
  151.   Response to ballistic # 67 06:17  |  Roberto Feldmann 13/02/07
  152.   Response to Nick Ferriman # 81 06:26  |  Roberto Feldmann 13/02/07
  153.   Comparison with South Africa - Swiss 06:38  |  Oleg 13/02/07
  154.   Twaddle: Pinochet built Chile 07:04  |  sk 13/02/07
  155.   To Alicia, 55 08:12  |  Duh 13/02/07
  156.   Where were the Chilean Qasams and Suicide Bombers? 08:37  |  Archie Bunker 13/02/07
  157.   To Steven, 36 08:57  |  Duh 13/02/07
  158.   Mehmet Turks are and is much more blood thirsty than Isarelis 09:15  |  Aby 13/02/07
  159.   # 153 Oleg 09:25  |  Swiss (Dino) 13/02/07
  160.   I am sure Judge Gurzman is absolutely.... 10:10  |  Dutch 13/02/07
  161.   I am sure Judge Gurzman is absolutely right.. 10:11  |  Dutch 13/02/07
  162.   #127 Tendentious, oh my, my 11:45  |  ballistic 13/02/07
  163.   #135 Danite; what exactly do you 11:51  |  ballistic 13/02/07
  164.   #114 Peter SM; I do not deny much 11:59  |  ballistic 13/02/07
  165.   #151 Roberto; well, the US has a 12:04  |  ballistic 13/02/07
  166.   The World Said: "Never Again" 20:24  |  Ibn Filastin 13/02/07
  167.   To Roberto Feldmann 23:30  |  Persian Kitty 13/02/07
  168.   Response to Persian Kitty # 167 00:36  |  Roberto Feldmann 14/02/07
  169.   Response to ballistic # 165 00:43  |  Roberto Feldmann 14/02/07
  170.   the truth has bad taste...... 22:42  |  sady 20/02/07
  171.   to mehmet 22:59  |  sady 20/02/07
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