Rule of Law as Rule by Law The narrow doctrine of the rule of law, which is the notion that oc- cupies most of the legal-philosophical debate on the rule of law, centers on specific formal or procedural characteristics that rules must have if the law itself is not to be a source of injustices. Pinochet recognized Chile’s geography as a huge competitive advantage, and under his rule, agriculture increased, as did fishing, forestry, and, especially, wine. The Securitization of the Iraqi Regime Using the Three Levels of Analysis, The EU-Russia Sanctions Regime: Theory-Practice Interplay. calorie intake averaged 1,751 per person per day. The Chilean Military Dictatorship under General Augusto Pinochet erected a complex web of legal instruments that it used to repress anyone deemed to be "subversive." The day they touch one of my men, the rule of law is over.”, “My face is sour. Pinochet held a referendum on his own rule and stepped down when he lost. In: Wiarda, H. J. 84 Opinion of Lord Browne-Wilkinson, Pinochet, at 19, citing A. Watts, ‘The Legal Position in International Law of Heads of States, Heads of Governments and Foreign Ministers’, III Recueil des cours de l’académie de droit international (1994), at 84; See also, Opinions of Lords Hope of Craighead, Millet and Phillips, Pinochet. The presence of these strikes and the way they were dealt with could be argued to seriously question whether the Pinochet regime brought political stability to Chile, or whether it was in fact as unstable as under Allende. Following the coup, a military government was setup which, under the leadership of Pinochet, sought to bring political stability and economic improvement to Chile. Government spending Any Unemployment diminished to respectable levels, but remained high, helping to Jorge Rafael Videla ruled Argentina as a dictator, from 1976 to 1983. On hearing the news of the coup, Allende dashed to his seat of government in the capital. In ancient and …  Steve J. Stern spoke of a politicide to describe "a systematic project to destroy an entire way of doing and understanding politics and governance." In 1982 and 1983 Chile’s GDP fell by 16%, the worst fall of any Latin American nation, the financial sector collapsed costing Chileans between 30 and 40 percent of GDP and unemployment increased to almost 30 percent of the population (Shanghai Poverty Conference, p.1). Pinochet directed the coup of September 11, 1973, and presided until 1990 over a military regime that violated human rights, shut down political parties, canceled elections, constrained the press and trade unions, and engaged in other undemocratic actions during its more than 16 years of rule. There Neo-liberal economics allowed the Chilean economy to become firmly enmeshed within the world economy, lowered tariff barriers allowing Chileans to buy all kinds of imported goods, firmly established multinational corporations in the country and modernized Chilean agriculture (Oppenheim, 1999, pp.155-156). While many Chilean officials acknowledge the horrors committed during Pinochet’s rule, prosecution has proved difficult due to the April 1978 amnesty the Chilean military granted itself for the crimes it committed. as the Chicago boys – took charge of Chile's economy. Chile was in recession, and unemployment increased to 20 percent, but in 1976 the economy began to recover. Sepulveda. Some leftist There was talk of an economic miracle and of Chile becoming of totalitarian Marxism, the great twentieth century slaver.". This work can be used for background reading and research, but should not be cited as an expert source or used in place of scholarly articles/books. Demand for Chile's The constitutional reforms, which although widely regarded to have improved political stability in Chile and which led to a return to democracy in 1990, have also faced criticism. The Pinochet regime also set up a special intelligence unit, the National Directorate of Intelligence (DINA), which computerized files and was responsible for conducting a national system of terror (Sigmund, 2011, p.180). Any judgment of Pinochet must take account of the rule of his predecessor, President Salvador Allende, who in 1970 had become the first Communist in the world to win power in a democratic election. had been returned to former owners, and mechanized farming appeared on Despite only winning the highest minority of the vote in the election and requiring a congressional vote of approval to take up the presidency, Allende still sought to implement revolutionary reforms believing that he would soon overcome his minority election as people would become convinced that his government was a true popular government (Valenzuela, 1978, p.50). However, there are severe criticisms on literalism. Copyright © 1998-2018 by Frank E. Smitha. Augusto Pinochet's rule of Chile spanned 17 years - from 1973 to 1990 - after he had risen through the ranks of the Chilean Army to become general chief of staff in the early months on 1972. Donations are voluntary and not required to download the e-book - your link to download is below. General Augusto Pinochet took control of Chile in September 1973 following a military coup which had ousted the previous incumbent Salvador Allende. He died december 10th of 2006 A lot of people celebrated his death in Plaza Baquedano (Santiago, Chile) His election and proposed reforms polarised society, but whereas usually it is the working classes and trade unions that revolt against the government, between 1970 and 1973, Chile was a country where the historical roles of the different social classes were reversed (Burbach, 2003, p.14). coming years real income failed to rise and calorie intake for Chile's bottom During his dictatorial reign tens of thousands of … Many fled to Western Europe and elsewhere. Meanwhile a new constitution had been created that guaranteed eventual elections. Allende was elected into the presidency on his fourth attempt in 1970 with 36.3% of the vote. The number of cars in Chile was to Gen Pinochet was charged in connection with the kidnapping of at least three dissidents by the security services. Scholars later described this as a " politicide " (or "political genocide"). On September 11th 1973, just three years into Allende’s six-year presidential term, a military coup was launched overthrowing Allende, his Popular Unity coalition and their plans for a democratic transition to socialism (Barros, p.6). When in power, Pinochet instituted vast reforms to try to cure the Chilean nation which had been left in a deep economic, social, political and constitutional crisis. As a result of Pinochet reforms, the Chilean economy was open and heavily intertwined with the international economy meaning it suffered extensively when economic crises hit in the early 1980s. The 1988 plebiscite vote although generally seen as being free and fair, was also surrounded by controversy due to its accompaniment with a massive government propaganda campaign arguing that voting “no” to Pinochet’s continuation in power would mean a return to the chaos and communism of the Allende period (Sigmund, 2011, p.184). Once in power Allende also faced huge resistance to his socialist reforms from a number of groups. In 1983, unemployment in Chile rose to 34.6 percent, and manufacturing Salvador Allende of Chile on September 11, 1973. This content was originally written for an undergraduate or Master's program. As a result of Pinochet reforms, the Chilean economy was open and heavily intertwined with the international economy meaning it suffered extensively when economic crises hit in the early 1980s. Both of these institutions made it difficult for Allende to enact reforms; however he did manage to implement his desired changes, but controversially via decrees, where he used his power to insist that all ministers sign their support for his reforms (Oppenheim, 1999, p.96). Allende aimed to change the social and economic order which saw the bottom 28% of the population receive less than 5% of the national income, and the top 2% take almost 46% (Burbach, 2003, p.9). Egypt’s Social Welfare: A Lifeline for the People or the Ruling Regime? Chile's poorest forty percent, meanwhile, were losing ground. The Allende administration, while trying to enact revolutionary socialist reforms in a democratic way, caused the Chilean state many problems, although it did go about making these changes in a way respectful to and willing to work within the existing system. Agustin. The commander in chief of the military, General Prats, resigned believing he had lost the confidence of most of the generals in the army, leading to the appointment of General Pinochet in his position (Burbach, 2003, p39). The military rule was characterized by systematic suppression of all political dissidence. The measures of Pinochet’s economic success … During the eighteen years of military rule, General Pinochet appointed a substantial majority of the present membership of the Supreme Court. in abundance. Support from the Christian Democrats in Congress in 1970 had allowed Allende to become president, however following Allende’s use of decrees, and a series of other disagreements, the Christian Democrats joined alliance with the rightist National Party (Oppenheim, 1999, p.95), leaving Popular Unity faced with opposition from two-thirds of Congress. for the sake of control it put thousands into concentration camps. enlarged landholdings – largely for crops to be sold abroad. During the two years just before the 1998 arrest in London of General Augusto Pinochet, the historian Steve J. Stern had been in Chile collecting oral histories of life under Pinochet as part of an investigation into the form and meaning of memories of state-sponsored atrocities. Unemployment was declining. The actions of these more wealthy groups in society caused huge problems for Allende and the Chilean state in general. amount, in any currency, is appreciated. keep wages down. Chile young urban professionals (yuppies) were pursuing affluence, and a new breed of young and Air Force commander Fernando Matthel refused to go along as did other generals, forcing Pinochet to accept the plebiscite results. To fight inflation, interest rates were tripled. The employment of neo-liberal economics in Chile is sometimes referred to as creating a ‘Chilean economic miracle’ (Sigmund, 2011, p.180). bandwidth bills to ensure we keep our existing titles free to view. Pinochet reformed the Chilean economy under the guidance of economics graduates trained at the University of Chicago by Milton Friedman, who outlined a neo-liberal economic plan for national development to modernise Chile (Oppenheim, 1999, pp.27-28). and the word "disappear" became a verb – as in "they disappeared him." The wolf was native throughout the forests of Europe, including Britain, until comparatively recently. When elected Allende raised workers salaries whilst keeping the prices of basic consumer goods low, which although stimulating the economy in the short-term, in the longer-term led to high inflation, a scarcity of goods and a thriving black market (Oppenheim, 1999, p.92). In 1980 their Economic activity rose again, while in the A career army officer, he led the military coup overthrowing the Allende government in … rule only requires the conduct to be criminal under U.K. law at the date of extradition the rule was satisfied in relation to all torture alleged against Senator Pinochet whether it took place before or after 1988. As well as political stability being built on repression, there were also problems with the economic reforms instituted by the Pinochet regime. In 1964, the United States reportedly spent over $20million in covert funding backing Eduardo Frei to prevent Allende winning the election, then in the run-up to the election in 1970, US intelligence engaged in ‘spoiling operations’ which spread propaganda and false information about Allende and his Popular Front coalition (Burbach, 2003, pp.10-13). Exports of goods other than copper was on the rise. triple between 1975 and 1982. Whereas previously Chilean governments had rarely lasted longer than a decade, the Pinochet regime lasted from 1973 until 1990 showing considerable stability (Oppenheim, 1999). But revulsion against Pinochet's human rights abuses remains widespread. Democracy in Chile that had fallen deeply into debt were bailed with money from Chile's taxpayers. 1995, Cambridge: Cambridge University Press, Valenzuela, A. President. Chile’s GDP also benefitted hugely as a result of these economic reforms, growing by 8% in both 1977 and 1979, and by 10% in 1989, the highest growth in the region (Valdes, 1995, p.266), whereas inflation fell from 375% in 1975 to 9.9% in 1982 (Oppenheim, 1999, p.121 and p.130). The coup d'etat, also known as coup, is typically an illegal, unconstitutional seizure of power conducted by a dictator, a guerrilla military force, or an opposing political faction. When this failed and Allende assumed office, the United States embarked on a strategy of destabilising the new government, which included cutting off virtually all bilateral funding, pressurising international agencies like the World Bank to stop making loans to Chile, and in general working with US corporations to strangle the Chilean economy (Burbach, 2003, p.13). However, when in office a number of issues obstructed Allende and his project of reforms. tens of thousands of Allende supporters and others it labeled subversives, and In 1980 a new constitution was put in place which attempted to revise some of the problems present in the 1925 constitution. Pinochet led a 11 September 1973 coup which deposed Socialist President Salvador Allende. The use of decrees howeveropened Allende and his administration up to criticism that they were ‘circumventing the spirit of the law’, whilst also proving fateful to their relationship with the Christian Democrats (Oppenheim, 1999, p.96). To find out more about E-IR essay awards, click here. Unlike his predecessor who stood carefully to act within the limits of the law, Pinochet used Decree Law 527 to consolidate absolute power in his own hands (Barros, p.7), whilst also banning political parties, shutting down Congress and censoring the news (Burbach, 2003, pp.45-6). Aylwin Azocar, leader of a seventeen-member Coalition for Democracy, was elected As a result of Allende’s economic reforms, the scarcity of available goods due to the actions of Allende’s opposition, and the cut-off of American and international aid, inflation in Chile skyrocketed increasing from 45.9% to 163.4% between July and December 1972 (Valenzuela, 1978, p.55). Peace appeared to have been restored, but police surveillance continued, and a repressed. The Spanish courts have held that they have jurisdiction over all the crimes alleged. E-IR is an independent non-profit publisher run by an all volunteer team. A prime example demonstrating the sort of action taken was shown by the second of two trucker’s strikes which lasted from July 1973 up until the September coup, where participants had refused to end the strike until Allende had resigned (Oppenheim, 1999, pp.77-78). The rationale of the whole rule is that a man cannot be a judge in his own cause. According to his biographer, James Whelan, Pinochet lived a quiet childhood, with his mother playing a very important role in the formation of his character. But if, as in the present case, the matter at issue does not relate to money or economic … Chile's economy and the Chicago boys, http://www.huppi.com/kangaroo/L-chichile.htm, Years of Upheavel, Chapter IX, "Chile: the Fall of Allende," by Henry Kissinger, 1982, The Trial of Henry Kissinger, by Christopher Hitchens 2002. 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