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Prosecuting Pinochet: International Crimes in Spanish Domestic Law

The 1998 arrest of Augusto Pinochet in London, based on the warrant of a Spanish court for crimes committed in Chile, was a landmark in the movement for international justice and accountability. The story behind the Spanish prosecutions, both legal and political, is little-known outside of a small circle of lawyers and activists who initially mounted the case in the Spanish Audiencia Nacional. This paper tells that story. Parallel actions against the military leadership of Chile and Argentina began in the Spanish courts in 1996 with the careful marshalling of evidence to show the pattern of torture and disappearances by the governments of both countries. This article documents the procedural history and the evidence offered in both the Chilean and Argentine prosecutions, and gives the context of Spanish law and procedure on which the prosecutions were based.