Daily Press Briefing
TUESDAY, DECEMBER 1, 1998
Briefer: JAMES P. RUBIN
QUESTION: There's a rumor that you're going to release some Pinochet-era documents. Is that true?
MR. RUBIN: On the subject of Pinochet, let me simply state that the - we have condemned the abuses of the Pinochet regime when it was in power and played a very supportive role in encouraging Chile's difficult transition to democracy. We are committed - the United States is committed to the principle of accountability as evidenced by our support for the tribunals in Rwanda and Yugoslavia. The record of the United States in seeking to hold accountable those who abuse human rights is very strong.
Different countries, when emerging from authoritarianism and conflict, strike different balances between justice and reconciliation and have done so without sacrificing the principle of accountability. South Africa has had its Truth and Reconciliation Commission. There was a different model in Bosnia, where we sought to prosecute war criminals. There is no single right answer to how a country should balance these demands. It is important to support democratic countries in their efforts to strike this balance. While it is vital to promote accountability, there may be different ways to accomplish this goal.
In that regard, let me say we're not prepared yet to state our views about the legal merits of the law lords' decision. We continue to study the opinions. But with respect to documents that may shed light on human rights abuses during the Pinochet era, due to the interest in this case the Administration is conducting a review of documents in its possession that may shed light on human rights abuses during the Pinochet era. We will declassify and make public as much information as possible consistent with US laws and the national security and law enforcement interests of the United States.
QUESTION: Would the US support an alleged deal between Britain and Chile to let him go home?
MR. RUBIN: Again, I tried to state our view very carefully, and I'm going to do that carefully in response to your question -- and that is that we don't have an opinion on the merits of this case. We think this is a matter for the courts.
We do have an opinion on Pinochet's behavior, and we've stated very strong condemnation for the abuses that took place during his rule. We also have a general view about the importance of giving respect to democracies as they go through the process of balancing justice and reconciliation so long as they do so without sacrificing an important principle of accountability. That is our view. This is a matter for the governments concerned. We have not been agitating to one or the other to do a particular thing, but the views that we have expressed privately, as you can imagine, would be consistent with the ones that we have expressed publicly.
QUESTION: What will you be doing with these documents?
MR. RUBIN: Well, right now we're going to be reviewing the documents that may shed light on human rights abuses; and then we will declassify and make public as much information as possible, consistent, obviously, with our laws and national security and law enforcement needs.
QUESTION: Why are you doing this?
MR. RUBIN: Because of the interest that this case has generated.
QUESTION: These documents will deal only with the human rights abuses, and will not deal with US policy toward Chile during the late Allende period?
MR. RUBIN: Well, as I understand the mandate - I mean, this is going to be something that evolves over the time when one tries to collect all these documents. The reason and the motivation, because of public interest in this case, is to focus on documents that shed light on human rights abuses during the Pinochet era and not every different thought anybody in the government might have had about Latin America.
QUESTION: Jamie, any idea how long this could take?
MR. RUBIN: No, I don't have any prediction at this time. Obviously it's a significant number of documents.
QUESTION: Jamie (inaudible) that Chile has tried to achieve reconciliation through its reconciliation commission. But there is a question of whether they've achieved sufficient accountability. I'm just wondering if you have view on that point.
MR. RUBIN: Well, there have been numerous calls and they've been increasing in recent days in Chile for additional efforts at truth, reconciliation, and accountability. We've taken note of those calls. Again, I'm trying very carefully not to declare ourselves on a issue that is not right for us to declare ourselves on. I think it's appropriate for us to make clear that we give respect to Chile as a democracy that's going through this wrestling with the demands of justice and the demands of reconciliation as other countries -- South Africa, El Salvador and elsewhere -- have done.
On the other hand, let me make clear that we regard the abuses of Pinochet as condemnable and have condemned them. And finally, this is a matter before the courts and we are obviously awaiting final decisions by the home secretary. It is not the place of the United States Government to give advice to Jack Straw, the Home Secretary, nor are we giving advice to the Chilean people or anyone else. Therefore it's very important not to overstate any particular view we might have at a time like this.
QUESTION: Would it be (inaudible) the Chileans devising some kind of instance or form or court to provide more accountability in this case?
MR. RUBIN: There have been calls for additional efforts at truth, reconciliation and accountability and we think that's a good thing, yes.
QUESTION: Another subject -- are you planning to release also documents of the Americans who were killed or disappeared during this regime?
MR. RUBIN: To the extent that they were killed or disappeared pursuant to human rights abuses, which I think goes without saying, yes, the documents would reflect that.
QUESTION: And also, are you condemning his success in overthrowing democratic and an elected president (inaudible) Allende in Chile, or just the human rights abuses?
MR. RUBIN: The human rights abuses is the motivation for this current case. It is the motivation for the public interest in the case, and therefore what we focused our documentation on and we will do the best we can on this. It is very complicated; we don't do it very often. Perhaps it might even be noted that we are going to extraordinary lengths to try to do it because we believe in this and we are doing it to try to shed light on human rights abuses that occur during that period. That is the reason.
QUESTION: Can I follow up in this continent?
MR. RUBIN: Unless someone else has this case. This continent and then we'll go over here and then over here and then behind.
QUESTION: On Chile, could you expound a little about the motivation for this. You said because of the interest this has aroused. What do you intend to do? Do you intend to come to any conclusion or recommendation as a result of this review of documents?
MR. RUBIN: I think you know there are many groups, many governments, many people who are interested in these cases. There has been interest expressed in what we might have available that will help people come to their own conclusions about what transpired. This is not a report of the United States Government; it's not a conclusion of the United States Government. This is an effort on our part, given the extensive human rights abuses that occurred in Chile, to try to assist those who want to know more about a problem like this.
That is the reason for it. It's not designed for us to reach conclusions, but for us to provide raw information that will help others reach conclusions.
QUESTION: But it would strengthen the case of those who want to see the --
MR. RUBIN: Well, it depends on what the documents say. I mean, presumably; but we can't know that until we have the documents.
QUESTION: Those documents will be provided to the Chilean Government, for example?
MR. RUBIN: They would be declassified and made public, as much information as possible.
With respect to other governments - that is, in particular, the Spanish judge who is looking into this - the United States, through the Department of Justice, has been cooperating with the Spanish court for over a year, pursuant to a request under the US-Spain Mutual Legal Assistance Treaty. We will continue to do so. We have not received any new requests from the Spanish court to review secret files. If we receive a new request from the government of Spain, we will cooperate under the terms of the MLAT, consistent with US laws and the national security and law enforcement interests of the United States.
For questions about this MLAT and how that might work, I would have to refer you, in any greater detail, to the Department of Justice.
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