40 Years After Chile Coup, Family of Slain Singer Victor Jara Sues Alleged Killer in U.S.

Court

Monday, September 9, 2013

_____________________________________________________________________ This week marks the 40th anniversary of whats known as the other 9/11: September 11, 1973, when a U.S.-backed military coup ousted Chiles democratically elected president Salvador Allende and ushered in a 17-year repressive dictatorship led by General Augusto Pinochet. Were joined by Joan Jara, the widow of Chilean singer Vctor Jara, who has just filed a civil lawsuit in U.S. court against the former military officer who allegedly killed Jara 40 years ago. Jaras accused killer, Pedro Barrientos, has lived in the United States for roughly two decades and is now a U.S. citizen. Jaras family is suing him under federal laws that allow U.S. courts to hear about human rights abuses committed abroad. Last year, Chilean prosecutors charged Barrientos and another officer with Jaras murder, naming six others as accomplices. We also speak with Almudena Bernabeu, an attorney with Center for Justice and Accountability, who helped file the Jara familys lawsuit last week. "I saw literally hundreds of bodies that were piled up in what was actually the parking place of the morgue," Joan Jara says of finding her husbands body 40 years ago. "I recognized him. I saw what had happened to him. I saw the bullet wounds. I saw the state of his body. I consider myself one of the lucky ones in the sense that I had to face in that moment what had happened to Victor. I could [later] give my testimony with all the force of what I felt in that moment and not the horror, which is much worse, of never knowing what happened to your loved one. That happened to so many families, so many women who have spent these 40 years looking for their loved ones who were made to disappear." _____________________________________________________________________

AMY GOODMAN: Today we look at another September 11th. It was 40 years ago this week, September 11, 1973, that General Augusto Pinochet ousted Chiles democratically elected president, Salvador Allende, in a U.S.-backed military coup. The coup began a 17-year repressive dictatorship during which more than 3,000 Chileans were killed. Pinochets rise to power was backed by then-President Richard Nixon and his secretary of state and national security adviser, Henry Kissinger. In 1970, the CIAs deputy director of plans wrote in a secret memo, quote, "It is firm and continuing policy that Allende be overthrown by a coup. ... It is imperative that these actions be implemented clandestinely and securely so that the USG [thats the U.S. government] and American hand be well hidden," unquote. That same year, President Nixon ordered the CIA to, quote, "make the economy scream" in Chile to, quote, "prevent Allende from coming to power or [to] unseat him." After the 1973 coup, General Pinochet remained a close U.S. ally. He was defeated in 1988 referendum and left office in 1990. In 1998, Pinochet was arrested in London on torture and genocide charges on a warrant issued by a Spanish judge, Baltasar Garzn. British authorities later released Pinochet after doctors ruled him physically and mentally unfit to stand trial. Last week, Chiles judges issued a long-awaited apology to the relatives of loved ones who went missing or were executed during the Pinochet dictatorship. This is Judge Daniel Urrutia. JUDGE DANIEL URRUTIA: [translated] We consider it appropriate and necessary. We understand, for some citizens, obviously, its too late, but nothing will ever be too late to react to what may happen in the future. AMY GOODMAN: The relatives of some victims have rejected the belated apology and called for further investigations into deaths and disappearances during the dictatorship. Chilean President Sebastin Piera said the countrys courts had failed to uphold the constitution and basic rights. PRESIDENT SEBASTIN PIERA: [translated] The judiciary did not rise up to their obligations or challenges, and could have done much more, because, by constitutional mandate, its their duty to protect the rights of the people, to protect their livesfor example, reconsidering the appeals, which they had previously massively rejected as unconstitutional. AMY GOODMAN: Meanwhile, on Sunday thousands of Chileans took to the streets of Santiago to mark the 40th anniversary of the military coup and remember the thousands who disappeared during the brutal regime that followed. This is the president of the Families of Executed Politicians group, Alicia Lira. ALICIA LIRA: [translated] Forty years since the civil military coup, the issue of human rights, the violations during the dictatorship are still current. This denial of justice, there are more than 1,300 processes open for 40 years, for 40 years continuing the search for those who were arrested, who disappeared, who were executed without the remains handed back. Why dont they say the truth? Why dont they break their pact of silence?

AMY GOODMAN: Just last week, the wife and two daughters of the legendary Chilean folk singer Vctor Jara filed a civil lawsuit in U.S. court against the former military officer they say killed Jara almost exactly 40 years ago. Vctor Jara was shot to death in the midst of the 1973 U.S.-backed coup. First his hands were smashed so he could no longer play the guitar, it is believed. Jaras accused killer, Pedro Barrientos, has lived in the United States for roughly two decades and is now a U.S. citizen. Jaras family is suing him under federal laws that allow U.S. courts to hear about human rights abuses committed abroad. Last year, Chilean prosecutors charged Barrientos and another officer with Jaras murder, naming six others as accomplices. Well, today well spend the hour with the loved ones of those who were killed under Pinochet, and the attorneys who have helped them seek justice. First were joined by Joan Jara. She is the widow of Chilean singer Vctor Jara. She is the author of An Unfinished Song: The Life of Victor Jara, first published in 1984. We welcome you back to Democracy Now! JOAN JARA: Thank you. Thank you. AMY GOODMAN: Its great to have you with us and in studio here in New York, as victims and those who have worked for justice in Chile gather for this 40th anniversary of the September 11th coup. JOAN JARA: Indeed. AMY GOODMAN: Talk about the lawsuit you have just filed. JOAN JARA: Well, this lawsuit, which is for the central justice and accountability, is a civil lawsuit, but theour aim is not to receive pecuniary, because this doesnt help at all. Its to reinforce the extradition petition, which was approved by the Chilean Supreme Court and is now in United States territory. Its somehow to support that and to appeal to public opinion here in the United States. We know we havethere are many people here. In repeated visits here, I have met so many friends who have condemned the coup on the 11th of September, 1973. And I appeal to all the people who listen to Vctors songs, who realizeand for all the victims of Pinochet, for their support and appeal to theiryour own government to remit a reply positively to this extradition request. AMY GOODMAN: After break, well also be joined by your lawyer to talk more about the lawsuit. But describe what happened on September 11, 1973. Where were you? Where was Vctor? JOAN JARA: Yeah, well, we were both at home with our two daughters. There was somehow a coup in the air. We had been fearing that there might be a military coup. And on that morning, together, Vctor and I listened to Allendes last speech and heard all the radios, thewho supported Salvador Allende, falling off the air as, one by one, being replaced by military marches. Vctor was due to go to the technical university, his place of work, where Allende was due to speak to announce a plebiscite at 11:00, and Vctor was to sing there, as he did.

And he went out that morning. It was the last time I saw him. I stayed at home, heard of the bombing of the Moneda Palace, heard and saw the helicopters machine gun firing over Allendes residence. And then began the long wait for Vctor to come back home. AMY GOODMAN: And how long did you wait? JOAN JARA: I waited a week, not knowing really what had happened to him. I got a message from him from somebody who had been in the stadium with him, wasnt sure what was really happening to him. But my fears were confirmed on the 11th of Septemberwell, Im sorry, on the 18th of September, Chile National Day, when a young man came to my house, said, "Please, I need to talk to you. Im a friend. Ive been working in the city morgue. Im afraid to tell you that Vctors body has been recognized," because it was a well-knownhis was a well-known face. And he said, "You must come with me and claim his body; otherwise, they will put him in a common grave, and he will disappear." So then I accompanied this young man to the city morgue. We entered by a side entrance. I saw the hundreds of bodies, literally hundreds of bodies, that were high piled up in what was actually the parking place, I think, of the morgue. And I had to look for Vctors body among a long line in the offices of the city morgue, recognized him. I saw what had happened to him. I saw the bullet wounds. I saw the state of his body. And I consider myself one of the lucky ones, in the sense that I had to face at that moment thatwhat had happened to Vctor, and I could give my testimony with all the force of what I felt in that moment, and not that horror, which is much worse, of never knowing what happened to your loved one, as what happened to so many families, so many women, who have spent these 40 years looking for their loved ones who were made to disappear. AMY GOODMAN: Because he was so well known, there have been many stories about his death. Some said because he was this famous folk singer, guitarist, his hands were cut off. JOAN JARA: No. AMY GOODMAN: Others said they were smashed. How did you seewhat did you see when you saw his body? JOAN JARA: No, Ithis is not true. There was this invention of myths that I people, I suppose, thought would help. The truth was bad enough. There was no need to invent more horrors. Vctors hands were not cut off. When I saw his body, his hands were hanging at a strange angle. I mean, his whole body was bruised and battered with bullet wounds, but I didnt touch his hands. It looked as though his wrists were broken. AMY GOODMAN: How long had Vctor played guitar? How long had he been singing?

JOAN JARA: Oh, how long had he been singing? Since he was small. Since he washe didnt really learn to play the guitar until he was adolescent, but his mother was a folk singer, and he learned from her, yeah. AMY GOODMAN: And how did you meet? JOAN JARA: We met because in the University of Chile weVctor was a student in the theater school, and I was a dancer in the national ballet, but I also gave classes in the theater school. Thats how I met him. He was an excellent student. He was at least the best of his course. But we actually got together after, later, when I was recovering from when I was sort of ill, and he heard I was ill. He came to see me with a little bunch of flowers that I think he took out of the park, because he was penniless. AMY GOODMAN: And you have two daughters together? JOAN JARA: No, not together. My first daughter is actually the daughter of my first husband, whom I had separated from, but she was very, very small when Vctor came to see us that day. She was only a year old, slightly less than a year old. And she always felt that Vctor was her father, and Vctor always felt that heshe was her daughter. Shehesorry, Im not used to speaking English. So, they were very, very close. AMY GOODMAN: And the hundreds of bodies you saw in this morgue. How many of them were identified? JOAN JARA: Cant tell you that. This particular young man who worked in the identification, civilcivil registryI dont know what you call ithe was overwhelmed with what he had to do. I cantI cant tell you. I cantI cant tell. AMY GOODMAN: Were you able to claim his body and bury him? JOAN JARA: I wasI was one of the lucky ones. I was able to claim his body, but we had to take it immediately to the cemetery and inter it in a niche high up in the back wall of the cemetery. There could be no funeral. And after that, I had to go home and tell my daughters what had happened. AMY GOODMAN: Were talking with Joan Jara, the widow of Vctor Jara. And were going to continue with her, as well as her lawyer. Shes just brought suit against the man she believes was responsible for his murder, among others. Were also going to be joined by Joyce Horman, another widow of the coup. Her husband, Charles Horman, American freelance journalist, was also disappeared and killed during the coup. This is Democracy Now!, democracynow.org, The War and Peace Report. Its been 40 years since the September 11, 1973, coup that overthrew the first democratically elected leader of Chile, Salvador Allende, who died in the palace that day as the Pinochet forces rose to power. Stay with us. AMY GOODMAN: "Vivir en Paz," by Vctor Jara, the Chilean singer, songwriter, tortured and executed during the Chilean coup of Salvador Allende, September 11, 1973. This week marks the 40th anniversary the U.S.-backed coup. You can also go to our website at democracynow.org to see highlights from our coverage over the years.

This is Democracy Now!, democracynow.org, The War and Peace Report. Im Amy Goodman. Our guest is Joan Jara, the widow of the legendary Chilean singer Vctor Jara. Last week she filed a civil lawsuit in U.S. court against the former military officer they say killed Jara almost exactly 40 years ago. Vctor Jara was shot to death in the midst of the 1973 U.S.-backed coup within the next week. Joan Jara is author of An Unfinished Song: The Life of Victor Jara. Also with us is Almudena Bernabeu, attorney who helped file the lawsuit last week against Vctor Jara killers. Shes with the Center for Justice and Accountability, where she directs the Transitional Justice Program. Tonight there will be a major event where people from around the world will gather who have been involved with seeking justice since the coup took place. Pinochet rose to power on September 11th, and over the next 17 years more than 3,000 Chileans were killed. Almudena, describe this lawsuit, the grounds, the legal grounds on which you bring this 40 years after Vctor Jara was killed. ALMUDENA BERNABEU: Absolutely. This is underthese lawsuits are happening in the United States, and theres an important number of them. They are civil by nature, because its what theits a tort, which is a legal word, but, I mean, itswhat they really look for is a reward on damages. But really, the nature of the evidence and the relevance of the documents and everything that goes into the case really doesnt distinguish, in my mind, between criminal and civil. Its under two federal statutes in the United States called the Alien Tort Statute from 1789 ironically, first Congressand the Torture Victims Protection Act, which is later on in 1992. And what they provide for is the right to victims, whether theyre aliens under the ATS or also U.S. citizens under the TVPA, or what we call the TVPA, to bring suit for human rights violations. The second statute provides for torture, extrajudicial killing, specifically. And the Alien Tort Statute allows you to bring in a more open or wide number of claims, including crimes against humanity, war crimes and slavery, many claims over the years. Colleagues and friends have brought suit under these laws. In, I guess, the jurisdictional basis, not to be overtechnical, but one of the more solid ones has been the physical presence of the defendant in the United States, which is what I will say the Center for Justice and Accountability specialize. Other colleagues at the Center for Constitutional Rights and other institutions have more experience with corporate cases and so forth. And in this particular instance, Pedro Pablo Barrientos, the guy who has been investigated and identified by Chilean prosecutors and judges as the author, through testimony, of Vctor Jaras assassination, was livinghas been living for number of years, for almost 20 years, in Florida, of all places. So AMY GOODMAN: How did you find this out?

ALMUDENA BERNABEU: Weactually, came to the attention Chile television first, and they did a big program about both the investigation in Chile and the likelihood of this personit was an interesting steplikelihood of this person being the Barrientos that was named in the pleadings in Chile. And after the program, the judge ordered a couple of extra, you know, steps from a criminal investigation standpoint, and they were able to identify him. And I was contacted by the prosecutors in Chile, with whom we have a relationship from prior work, to see if we could actually corroborate one more step to see if he was the person. And he is the same officer that left Chile, we believe between 1989 and 1990, and relocated in Deltona. AMY GOODMAN: Do you believe the U.S. knew? ALMUDENA BERNABEU: That he was in the United AMY GOODMAN: Who he was? ALMUDENA BERNABEU: Im not sure he was high enough, to be frank, from all the information that we have right now. AMY GOODMAN: Because he was granted U.S. citizenship. ALMUDENA BERNABEU: He was granted U.S. citizenship. And what I dontI dont necessarily know that at the time that he was probably requesting to file his naturalization application, that the U.S. will know of his involvement. And I think that these guys specialize in lying in those applications, in my experience. So theres no way necessarily for the U.S. to know, although I do believe that, overall, the U.S. looked somewhere else when all these people were coming from Latin America in the aftermath of their conflicts, no question, particularly military men. AMY GOODMAN: This Alien Tort Claims Act, which we have covered many times in the past, you yourself have used in other cases. Very briefly, if you could talk about the archbishop of El Salvador, scar Romero? ALMUDENA BERNABEU: This really was an important case, on a personal and professional level. It was filed in 2003. And also with a little bit of this twisting of fate, thea guy who was crucial to the assassination had been identified by the truth commission, by U.S. important declassified documents and other sources, as the driver, as the sort of right-hand man of Roberto DAubuisson, who conceived the assassination and sort of the whole plot. And he was the guy who drove the shooter to the church, and he was living in Modesto, California, running an auto shop. And after we were able to establish that truthfully and corroborate it, we filed suit, which was a very important suit, I will say. It was the only time in the history of the crime for the conditions of El Salvador when any justice has been provided for this emblematic killing, and it was the first case AMY GOODMAN: He was killed March 24th, 1980. ALMUDENA BERNABEU: 1980.

AMY GOODMAN: The archbishop of El Salvador, as ALMUDENA BERNABEU: While celebrating mass, absolutely. And he was kind of marksin the history and the imaginary of Salvadorans, marks the beginning of their 10-year civil war. It really was a declaration of war in the old-fashioned sense. It wasand against all civilians and against the pueblo that he defended so much. It was onea provocative statement, killing the archbishop, who had been in his homilies and publicly condemning the actions of the army against the people of El Salvador. AMY GOODMAN: Joan Jara, how did you figure out thatwho was responsible for the killing of Vctor, your husband? JOAN JARA: I didnt figure it out, because thethe Chilean army would not give the information of whoof the officers who were responsible for the Chile stadium where Vctor was killed. But gradually, within the proceedings of the case, officers were named, especially by the conscript, under whosebecome orders, they were, yeah. And its these people who were these soldiers of lesser ranks who have identified the officers who were responsible for the crimes. ALMUDENA BERNABEU: Thats a very important point. Sorry, just totheres been no desire or willingness on behalf of the armed forces in Chile to collaborate with the families and the victims struggling for 40 years. They have to rely, the investigators, in now testimony from these low-level soldiers, who dont have that kind of pact of silence, and theyre providing information that is crucial for their work. AMY GOODMAN: Joan? JOAN JARA: Well, they say that they have had to have a pact of silence during many decades because they have been threatened by the armed forces, they should not speak. And there have been many who have been very scared to give their testimony until now. http://www.democracynow.org/ http://www.democracynow.org/2013/9/9/40_years_after_chile_coup_family