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10 - PEOPLE/(N-S)/Augusto Pinochet.md
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@ -63,7 +63,7 @@ relations:
with: "[[Riggs Bank]]"
start: 1985
role: "customer whose accounts the 2004 Senate subcommittee report found the bank helped conceal from regulators and courts"
fn: 20
fn: 25
- type: subject_of
with: "[[House of Lords]]"
start: 1998-10-16
@ -134,29 +134,33 @@ In April 2016 the then German Foreign Minister, [[Frank-Walter Steinmeier]], sta
### Carlos Cardoen and Iraq
[[Carlos Cardoen]], a Chilean arms manufacturer who returned to Santiago after the 1973 coup to work for the government-owned [[Chilean Mining Corporation]], is described by [[Ari Ben-Menashe]] as selling cluster bombs to [[Iraq]] by 1985 with the help of individuals connected to the CIA, and as having been charged in Miami in April 1992 by the US Customs Service.[^16] A federal grand jury in the Southern District of Florida returned a twenty-one count indictment against Cardoen and [[Industrias Cardoen]] on May 26, 1993.[^23] [[Alan Friedman]] reports that Cardoen's plant at [[Iquique]] produced about a thousand cluster bombs a month, with a first shipment worth 21 million dollars reaching Iraq early in 1984 during the [[Iran-Iraq War]]; a former CIA contractor described Cardoen to Friedman as "an all-purpose asset, designed to be one of those offshore stockpilers of military equipment who could be used by the CIA to ship arms to the Afghan rebels, to the boys in Angola, or anywhere the U.S. needed some help." The White House said in July 1991 that there "never were any sales, overt or covert, to Iraq or Iran through a third country." The British journalist [[Jonathan Moyle]], who was inquiring into Cardoen's helicopter project, was found dead in a Santiago hotel on March 31, 1990.[^17]
[[Carlos Cardoen]], a Chilean arms manufacturer who returned to Santiago after the 1973 coup to work for the government-owned [[Chilean Mining Corporation]], is described by [[Ari Ben-Menashe]] as selling cluster bombs to [[Iraq]] by 1985 with the help of individuals connected to the CIA, and as having been charged in Miami in April 1992 by the US Customs Service.[^16] A federal grand jury in the Southern District of Florida returned a twenty-one count indictment against Cardoen and [[Industrias Cardoen]] on May 26, 1993.[^17] [[Alan Friedman]] reports that Cardoen's plant at [[Iquique]] produced about a thousand cluster bombs a month, with a first shipment worth 21 million dollars reaching Iraq early in 1984 during the [[Iran-Iraq War]]; a former CIA contractor described Cardoen to Friedman as "an all-purpose asset, designed to be one of those offshore stockpilers of military equipment who could be used by the CIA to ship arms to the Afghan rebels, to the boys in Angola, or anywhere the U.S. needed some help." The White House said in July 1991 that there "never were any sales, overt or covert, to Iraq or Iran through a third country." The British journalist [[Jonathan Moyle]], who was inquiring into Cardoen's helicopter project, was found dead in a Santiago hotel on March 31, 1990.[^18]
### Reagan administration reassessment, 1984 to 1985
The United States ambassador in Santiago from March 1982 to August 2, 1985 was [[James D. Theberge]], a political appointee who had succeeded [[George Landau|George W. Landau]].[^19] A Central Intelligence Agency talking-points memorandum prepared for a January 28, 1985 meeting with Theberge, dated January 23, 1985, describes the visit as "primarily a personal visit." It lists as a point Theberge might raise the continuation in office of Pinochet, with a ninety-day state of siege that the memorandum records as "declared 6 November 1984" to assist the military government in combating a wave of terrorist incidents.[^20] The New York Times of December 16, 1984 also gives the state of siege as imposed on November 6; the same article reports that Theberge was present at a meeting of Representative [[Bill Richardson]] and two other members of the House Hispanic Caucus with Pinochet, which Richardson called "brutally frank and heated."[^21] An Associated Press dispatch from January 1985 by George Gedda, citing unnamed officials, reports that "Pinochet believes the CIA is out to overthrow him," in the words of one senior official, and that the Reagan administration planned to replace Theberge with [[Harry Barnes]], then ambassador in India, as the first step in a reassessment of its policy. The same dispatch dates the imposition of the state of siege to "Nov. 4."[^22]
### London arrest and the House of Lords
Pinochet landed at Heathrow on September 22, 1998, and underwent back surgery in [[London]]. On October 16, 1998 a Spanish warrant was issued by judge [[Baltasar Garzon]] and a London magistrate issued a provisional warrant the same day. The Lords judgment states that Pinochet was arrested in a London hospital on October 17, 1998; Home Secretary [[Jack Straw]] told the House of Commons that he was arrested "that evening" after the Bow Street warrant was issued on October 16.[^1][^18] On October 28, 1998 the Divisional Court quashed both provisional warrants, on the ground for the second that Pinochet was entitled to state immunity as former head of state.[^1]
Pinochet landed at Heathrow on September 22, 1998, and underwent back surgery in [[London]]. On October 16, 1998 a Spanish warrant was issued by judge [[Baltasar Garzon]] and a London magistrate issued a provisional warrant the same day. The Lords judgment states that Pinochet was arrested in a London hospital on October 17, 1998; Home Secretary [[Jack Straw]] told the House of Commons that he was arrested "that evening" after the Bow Street warrant was issued on October 16.[^1][^23] On October 28, 1998 the Divisional Court quashed both provisional warrants, on the ground for the second that Pinochet was entitled to state immunity as former head of state.[^1]
The House of Lords first ruled on November 25, 1998, by majority that Pinochet was not immune for crimes under international law. That judgment was set aside on January 15, 1999, because the committee that heard it was not properly constituted, and the appeal was reheard from January 18, 1999.[^1] In the judgment of March 24, 1999, [[Lord Browne-Wilkinson]] wrote: "I do not consider that torture committed outside the United Kingdom before 29 September 1988 was a crime under U.K. law." He would allow the appeal "so as to permit the extradition proceedings to proceed on the allegation that torture in pursuance of a conspiracy to commit torture, including the single act of torture which is alleged in charge 30, was being committed by Senator Pinochet after 8 December 1988 when he lost his immunity."[^1] Straw described the key majority finding of the second Lords hearing as being that torture was an international crime over which parties to the torture convention had universal jurisdiction and that a former head of state did not have immunity from such crimes.[^18]
The House of Lords first ruled on November 25, 1998, by majority that Pinochet was not immune for crimes under international law. That judgment was set aside on January 15, 1999, because the committee that heard it was not properly constituted, and the appeal was reheard from January 18, 1999.[^1] In the judgment of March 24, 1999, [[Lord Browne-Wilkinson]] wrote: "I do not consider that torture committed outside the United Kingdom before 29 September 1988 was a crime under U.K. law." He would allow the appeal "so as to permit the extradition proceedings to proceed on the allegation that torture in pursuance of a conspiracy to commit torture, including the single act of torture which is alleged in charge 30, was being committed by Senator Pinochet after 8 December 1988 when he lost his immunity."[^1] Straw described the key majority finding of the second Lords hearing as being that torture was an international crime over which parties to the torture convention had universal jurisdiction and that a former head of state did not have immunity from such crimes.[^23]
Straw issued a second authority to proceed on April 14, 1999; on October 8, 1999 a Bow Street magistrate committed Pinochet to await the Home Secretary's decision. On October 14, 1999 the Chilean embassy made representations supported by medical reports, and Straw commissioned an examination by Professor Sir John Grimley Evans, Professor Andrew Lees and Dr. Michael Denham, joined by the neuropsychologist Dr. Maria Wyke. Straw informed the interested parties on January 11, 2000 that he was minded to conclude that no purpose would be served by continuing the Spanish extradition request, and on January 25, 2000 Belgium and [[Amnesty International]] applied for judicial review of the refusal to disclose the medical report.[^18]
Straw issued a second authority to proceed on April 14, 1999; on October 8, 1999 a Bow Street magistrate committed Pinochet to await the Home Secretary's decision. On October 14, 1999 the Chilean embassy made representations supported by medical reports, and Straw commissioned an examination by Professor Sir John Grimley Evans, Professor Andrew Lees and Dr. Michael Denham, joined by the neuropsychologist Dr. Maria Wyke. Straw informed the interested parties on January 11, 2000 that he was minded to conclude that no purpose would be served by continuing the Spanish extradition request, and on January 25, 2000 Belgium and [[Amnesty International]] applied for judicial review of the refusal to disclose the medical report.[^23]
On March 2, 2000, Straw told the Commons that he had discharged Pinochet from the Spanish request "on the grounds that he was unfit to stand trial and that no significant improvement in his condition could be expected," and that he would not issue an authority to proceed on the Belgian, French and Swiss requests because none disclosed an extradition crime. He stated: "All the decisions which I have taken have been mine alone, and have not been decisions of Her Majesty's Government." A plane provided by the Chilean government carrying Pinochet left RAF Waddington at about 1.10 pm that day.[^18] The Solicitor-General stated in a written answer of the same date, on the advice of the Director of Public Prosecutions, that there was no realistic prospect of convicting Pinochet in England and Wales and that no court there would allow a trial of Pinochet to take place.[^18] A 35-page Home Office statement handed out in London set out reasons for the conclusion that Pinochet was not mentally or physically fit to stand trial in Britain or anywhere else.[^19] He returned to Chile, where he faced numerous criminal and civil charges until his death.
On March 2, 2000, Straw told the Commons that he had discharged Pinochet from the Spanish request "on the grounds that he was unfit to stand trial and that no significant improvement in his condition could be expected," and that he would not issue an authority to proceed on the Belgian, French and Swiss requests because none disclosed an extradition crime. He stated: "All the decisions which I have taken have been mine alone, and have not been decisions of Her Majesty's Government." A plane provided by the Chilean government carrying Pinochet left RAF Waddington at about 1.10 pm that day.[^23] The Solicitor-General stated in a written answer of the same date, on the advice of the Director of Public Prosecutions, that there was no realistic prospect of convicting Pinochet in England and Wales and that no court there would allow a trial of Pinochet to take place.[^23] A 35-page Home Office statement handed out in London set out reasons for the conclusion that Pinochet was not mentally or physically fit to stand trial in Britain or anywhere else.[^24] He returned to Chile, where he faced numerous criminal and civil charges until his death.
### Riggs Bank accounts
The minority staff of the Senate [[Permanent Subcommittee on Investigations]] released its report on [[Riggs Bank]] with a hearing on July 15, 2004. The report's title is "Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Case Study Involving Riggs Bank." Its first finding states that Riggs "assisted Augusto Pinochet, former president of Chile, to evade legal proceedings related to his Riggs bank accounts and resisted OCC oversight of these accounts."[^20]
The minority staff of the Senate [[Permanent Subcommittee on Investigations]] released its report on [[Riggs Bank]] with a hearing on July 15, 2004. The report's title is "Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Case Study Involving Riggs Bank." Its first finding states that Riggs "assisted Augusto Pinochet, former president of Chile, to evade legal proceedings related to his Riggs bank accounts and resisted OCC oversight of these accounts."[^25]
The report finds that Pinochet was a Riggs customer for at least eight years, with total deposits that varied from about $4 million to $8 million. In July 1996 a Spanish indictment charged him with crimes against humanity. In 1996 and again in 1998, Riggs helped him set up two Bahamian shell companies, Ashburton Company Ltd. and Althorp Investment Co., Ltd., listed as nominal owners of accounts and certificates of deposit benefiting him and his family.[^20] The report also states that the bank delivered over $1.9 million in cashier's checks to Pinochet in Chile.[^20]
The report finds that Pinochet was a Riggs customer for at least eight years, with total deposits that varied from about $4 million to $8 million. In July 1996 a Spanish indictment charged him with crimes against humanity. In 1996 and again in 1998, Riggs helped him set up two Bahamian shell companies, Ashburton Company Ltd. and Althorp Investment Co., Ltd., listed as nominal owners of accounts and certificates of deposit benefiting him and his family.[^25] The report also states that the bank delivered over $1.9 million in cashier's checks to Pinochet in Chile.[^25]
### Carlos Prats and Enrique Arancibia Clavel
On September 30, 1974, a car bomb in Buenos Aires killed the exiled Chilean general [[Carlos Prats]] and his wife, [[Sofía Cuthbert]].[^21] Kornbluh's 2024 compilation states that Pinochet met Contreras in June 1974 and ordered him to eliminate Prats. The task first went to the DINA station chief in Argentina, [[Enrique Arancibia Clavel]], and then to DINA deputy director [[Pedro Espinoza]], who gave it to Townley, who constructed, placed and detonated the bomb.[^21]
On September 30, 1974, a car bomb in Buenos Aires killed the exiled Chilean general [[Carlos Prats]] and his wife, [[Sofía Cuthbert]].[^26] Kornbluh's 2024 compilation states that Pinochet met Contreras in June 1974 and ordered him to eliminate Prats. The task first went to the DINA station chief in Argentina, [[Enrique Arancibia Clavel]], and then to DINA deputy director [[Pedro Espinoza]], who gave it to Townley, who constructed, placed and detonated the bomb.[^26]
On August 24, 2004, the [[Supreme Court of Argentina]] upheld the life sentence that a federal tribunal had imposed on Arancibia Clavel for association and necessary participation in the double aggravated homicide of Prats and Cuthbert. The court held that the crimes could not be time-barred, because crimes against humanity are imprescriptible.[^22]
On August 24, 2004, the [[Supreme Court of Argentina]] upheld the life sentence that a federal tribunal had imposed on Arancibia Clavel for association and necessary participation in the double aggravated homicide of Prats and Cuthbert. The court held that the crimes could not be time-barred, because crimes against humanity are imprescriptible.[^27]
[^1]: *Regina v. Evans and Another and the Commissioner of Police for the Metropolis and Others, Ex Parte Pinochet (No. 3)* [1999] UKHL 17 (24 March 1999), speech of Lord Browne-Wilkinson, paras. 7-12 (facts, warrants of October 16, 17, 18 and 22, 1998, Divisional Court of October 28, 1998, Lords judgments of November 25, 1998, set aside January 15, 1999, rehearing January 18, 1999) and conclusion. https://www.bailii.org/uk/cases/UKHL/1999/17.html
[^2]: National Security Archive, "Pinochet: A Declassified Documentary Obit," Electronic Briefing Book No. 212, Peter Kornbluh and Yvette White, posted December 12, 2006, with descriptions of documents including the September 13, 1973 State Department cable, the November 1973 "Chilean Executions" memorandum, the October 27, 1973 CIA report, the October 6, 1976 CIA cable, and the June 23, 1978 CIA report. https://nsarchive.gwu.edu/NSAEBB/NSAEBB212/index.htm
@ -174,10 +178,14 @@ On August 24, 2004, the [[Supreme Court of Argentina]] upheld the life sentence
[^14]: Deutscher Bundestag, Drucksache 11/1409 (1987), minor interpellation of the Green Party group on Colonia Dignidad (German; paraphrased). https://dserver.bundestag.de/btd/11/014/1101409.pdf
[^15]: Auswärtiges Amt, "'Colonia Dignidad': Bilanzbericht der Gemeinsamen Kommission," September 21, 2021 (German; paraphrased), including the account of Steinmeier's April 2016 statement. https://auswaertiges-amt.de/de/aussenpolitik/laender/chile-node/bilanzbericht-colonia-dignidad/2483426
[^16]: Ben-Menashe, Ari. *Profits of War: Inside the Secret U.S.-Israeli Arms Network*. TrineDay, 1992. Sole source for the passages so cited.
[^17]: Friedman, Alan. *Spider's Web: The Secret History of How the White House Illegally Armed Iraq*. Bantam, 1993, pp. 46-54, 64. Sole source for the passages so cited.
[^18]: UK House of Commons, *Hansard*, "Senator Pinochet," HC Deb 02 March 2000 vol 345 cc571-88 (statement of the Home Secretary, Jack Straw), and written answer of the Solicitor-General, HC Deb 02 March 2000 vol 345 cc336-7W. https://api.parliament.uk/historic-hansard/commons/2000/mar/02/senator-pinochet and https://api.parliament.uk/historic-hansard/written_answers/2000/mar/02/senator-pinochet
[^19]: CNN, transcript of March 2, 2000 (report on Home Secretary Jack Straw's decision and the 35-page statement). https://www.cnn.com/TRANSCRIPTS/0003/02/nd.03.html
[^20]: United States Senate, Permanent Subcommittee on Investigations, minority staff, "Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Case Study Involving Riggs Bank" (report released with the July 15, 2004 hearing), Finding 1 (p. 7) and Section B (p. 18). https://archive.org/details/SenateSubcommitteeReportOnMoneyLaunderingAndRiggsBank
[^21]: National Security Archive, "The Pinochet Regime at 50: The Assassination of General Carlos Prats and Sofía Cuthbert," Electronic Briefing Book, Peter Kornbluh, October 1, 2024, narrative and CIA and DINA documents. https://nsarchive.gwu.edu/briefing-book/chile/2024-10-01/pinochet-regime-50-assassination-general-carlos-prats-and-sofia
[^22]: Corte Suprema de Justicia de la Nacion (Argentina), *Arancibia Clavel, Enrique Lautaro s/ homicidio calificado y asociacion ilicita y otros*, recurso de hecho, Buenos Aires, August 24, 2004. https://www.cancilleria.gob.ar/userfiles/ut/fallo_arancibia_clavel_2004_01.pdf
[^23]: *United States v. Cardoen*, 898 F. Supp. 1563 (S.D. Fla. 1995), No. 93-241-CR, https://static.case.law/f-supp/898/cases/1563-01.json.
[^17]: *United States v. Cardoen*, 898 F. Supp. 1563 (S.D. Fla. 1995), No. 93-241-CR, https://static.case.law/f-supp/898/cases/1563-01.json.
[^18]: Friedman, Alan. *Spider's Web: The Secret History of How the White House Illegally Armed Iraq*. Bantam, 1993, pp. 46-54, 64. Sole source for the passages so cited.
[^19]: U.S. Department of State, Office of the Historian, "James Daniel Theberge (1930-1988)," https://history.state.gov/departmenthistory/people/theberge-james-daniel; "Nomination of James Daniel Theberge To Be United States Ambassador to Chile," Ronald Reagan Presidential Library, November 6, 1981, https://www.reaganlibrary.gov/research/speeches/11681a
[^20]: Central Intelligence Agency, "Talking points for 28 January 1985 meeting with James D. Theberge, United States Ambassador to Chile," January 23, 1985, CREST document CIA-RDP87M00539R000801050046-5. https://www.cia.gov/readingroom/document/cia-rdp87m00539r000801050046-5
[^21]: Lydia Chavez, "Congressman Reports Tough Talk From Pinochet," *The New York Times*, December 16, 1984, section 1, page 20. https://www.nytimes.com/1984/12/16/world/congressman-reports-tough-talk-from-pinochet.html
[^22]: George Gedda, Associated Press, "Pinochet fears CIA coup, officials say," January 1985, CREST document CIA-RDP90-00965R000302230009-6. Attributed to unnamed officials; sole source for the replacement plan as reported. https://archive.org/details/cia-readingroom-document-cia-rdp90-00965r000302230009-6
[^23]: UK House of Commons, *Hansard*, "Senator Pinochet," HC Deb 02 March 2000 vol 345 cc571-88 (statement of the Home Secretary, Jack Straw), and written answer of the Solicitor-General, HC Deb 02 March 2000 vol 345 cc336-7W. https://api.parliament.uk/historic-hansard/commons/2000/mar/02/senator-pinochet and https://api.parliament.uk/historic-hansard/written_answers/2000/mar/02/senator-pinochet
[^24]: CNN, transcript of March 2, 2000 (report on Home Secretary Jack Straw's decision and the 35-page statement). https://www.cnn.com/TRANSCRIPTS/0003/02/nd.03.html
[^25]: United States Senate, Permanent Subcommittee on Investigations, minority staff, "Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act, Case Study Involving Riggs Bank" (report released with the July 15, 2004 hearing), Finding 1 (p. 7) and Section B (p. 18). https://archive.org/details/SenateSubcommitteeReportOnMoneyLaunderingAndRiggsBank
[^26]: National Security Archive, "The Pinochet Regime at 50: The Assassination of General Carlos Prats and Sofía Cuthbert," Electronic Briefing Book, Peter Kornbluh, October 1, 2024, narrative and CIA and DINA documents. https://nsarchive.gwu.edu/briefing-book/chile/2024-10-01/pinochet-regime-50-assassination-general-carlos-prats-and-sofia
[^27]: Corte Suprema de Justicia de la Nacion (Argentina), *Arancibia Clavel, Enrique Lautaro s/ homicidio calificado y asociacion ilicita y otros*, recurso de hecho, Buenos Aires, August 24, 2004. https://www.cancilleria.gob.ar/userfiles/ut/fallo_arancibia_clavel_2004_01.pdf