NetNews Usenet Archive 1993 #3/NN_1993_3.iso/spool/chile/chilel/1427

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              Judges' Suspension Is a Victory for Democracy (6.6 KB)]
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Noticias de Chile, tomado de la red peruana.  Pato Navia.
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Copyright 1993 The Chronicle Publishing Co.
The San Francisco Chronicle
JANUARY  15, 1993, FRIDAY, FINAL EDITION

SECTION: NEWS; Pg. A29
HEADLINE: UPDATE: Chile, Judges' Suspension Is a Victory for Democracy
BYLINE: Alexandra Huneeus, Chronicle Foreign Service
DATELINE: Santiago, Chile

    While democratic government is taking a beating in Peru and Venezuela,
it won an important tactical victory last week in a face-off between Chile's
congress and its armed forces.

   In mid-December, 10 members of the lower house charged three army-
appointed Supreme Court judges and the army inspector general with
irresponsibility in handling human rights cases. This marked the first time
since the return of civilian rule in 1990 that the congress has involved
itself in the potentially explosive issue of justice and the crimes committed
by General Augusto Pinochet's 1973-90 military regime.

   The army and high court tried to block the charges by convening the
National Security Council, an emergency forum that meets when Chile's
security is at risk.

   To the chagrin of the military and court and the surprise of many
observers, however, the panel issued only a toothless statement December
30 voicing the different opinions of its members, among them top officials
from both the government and the armed forces.

   On January 7, the Chamber of Deputies passed the charges, temporarily
suspending the judges and inspector general.

   VICTORY FOR AYLWIN

   The fact that the security panel did not move to squelch the charges was
a significant victory for President Patricio Aylwin in his difficult campaign
to whittle away at the wide powers held by the military and Pinochet, who
is still its head.

   Aylwin, who currently holds a 55 percent approval rating, had
sarcastically told the head of the Supreme Court that the army should
stage another coup if it wanted to silence the lower house.

   The suspensions could be made permanent by a vote of the Senate,
which will rule on the matter by Wednesday. But the charges will meet
almost certain death in the upper body, which is weighted to the right by
eight Pinochet-appointed senators, an imbalance symptomatic of the
difficulties Aylwin's 17-party coalition government faces in restoring
democracy after 17 years of military rule.

   Aylwin has taken pains so far to avoid situations that could imperil a
smooth transition toward democracy, even when it means turning a deaf
ear to human rights issues. The don't-rock-the-boat strategy, coupled with
economic prosperity (the current rate of growth in the gross domestic
product is 9 percent), has won his government widespread approval.

   1974 DISAPPEARANCE

   But the Supreme Court's handling of the case revolving around the 1974
disappearance of leftist activist Alfonso Chanfreau provoked more than the
usual amount of public indignation and sparked congress to action.

   An amnesty law protects the military from charges of human rights
violations that occurred between 1973 and 1978, including 1,000 cases of
missing persons.

   In 1990, however, the court ruled that because Chanfreau had been
kidnaped and was never heard from again, the case was still current and
did not fall within the protective time limit.

   In October, a few days before a former secret police agent willing to tell
all was scheduled to testify, the court suddenly snatched the case away
from civilian Judge Gloria Olivares and tossed it into a military court, on
the grounds that the crime occurred on military turf. Military courts have
a history of closing human rights cases before they are investigated.

   At first, a much-publicized presidential visit to Chanfreau's widow was
all the government could offer in answer to public cries for justice. But the
deputies, without the active guidance of Aylwin, later presented the
accusation -- which also cited two lesser- known cases -- against the
Supreme Court.

   CONGRESS AS COUNTERWEIGHT

   The accusation was a chance for congress, whose powers are curtailed by
the current Pinochet- devised constitution, to define itself as a
counterweight to the judicial branch.

   ''The solidity of the democratic system was demonstrated in that
everything was done according to the constitution, and the country is still
marching forward in democracy,'' said Jorge Schaulsohn, a deputy from the
centrist Party for Democracy.

   Whether the justices' suspension will have any effect on the Supreme
Court's handling of human rights cases will soon be put to test.

   THE BALANCE OF POWERS IN CHILE

    The country's constitution, adopted by popular vote in 1980, was
designed to serve as a framework for a ''slow and gradual evolution''
toward full democracy. Much of its purpose was to ensure that the power
of the military and its commander, General Augusto Pinochet, who at the
time was also president, survive the transition to democratic rule. Among
the document's key provisions are a prohibition on the executive branch
appointing and removing military leaders:

   * CONGRESS: The Senate, the National Congress' upper house, has 46
members. The Pinochet government made nine lifetime appointments, but
one in that group died recently. President Patricio Aylwin's ruling
Concertacion coalition has 22 members, two short of a majority. Rightist
parties hold the other 16 elective seats. The lower house, or Chamber of
Deputies, has 120 members -- 71 from the Concertacion and 49 from right-
wing parties.

   * PRESIDENT: Pinochet's constitution called for a single eight- year term,
but a 1989 plebiscite reduced the length to four years. Aylwin has said he
will not run for re-election this year.

   * SUPREME COURT: This body has 17 members -- 12 of them appointed
by Pinochet and only four by Aylwin. All members serve life terms. The
1980 constitution greatly expanded the court's power, which Aylwin is
now aiming to curb through a legislative judicial reform package.

   * NATIONAL SECURITY COUNCIL: An eight-member forum that meets
when national security or institutions are at risk, it includes the presidents
of the nation, Senate and Supreme Court and the heads of each of the
armed forces. A vestige of the Pinochet era, the panel is an official body
that gives the armed forces equal footing with the government on political
and security matters.

GRAPHIC: PHOTO (2),(1-2) The powers of military leader Augusto Pinochet
(left) have been whittled away since Patricio Aylwin became president in
1990 , PHOTOS BY ASSOCIATED PRESS