August 23, 2005

By Memoria y Justicia

The Chilean Senate on August 16 approved the appointment of Ruben Ballesteros, controversial nominee proposed by President Ricardo Lagos, as a new member of the Supreme Court.

Following a meeting August 4 with the Deputy Pablo Longueira of the right wing Independent Democatic Union party (UDI), President Lagos announced Ruben Ballesteros as his candidate for the Supreme Court vacancy. Despite outcry from the human rights community, the Socialist Party and sectors of the Christian Democratic Party, Santiago Appellate Court Judge Ballesteros easily won the nomination with 34 votes in favor, 10 opposing and two abstentions. The two-thirds vote required to approve the presidential appointment was cast by all senators of the right, designated senators and a section of the Christian Democrats.

Ruben Ballesteros will serve on the Criminal Bench of the high court, which has the last word on criminal cases including cases related to the human rights violations committed during dictatorship. Last year, the Criminal Bench, composed of five judges, largely favored the prosecution of crime sagainst humanity. The appointment of Ballesteros, human rights organiztions fear, may tip future votes in favor of the defense of military personnel charged with committing those crimes.

Supreme Court Justices serve until mandatory retirement age of 75.

Socialist Jaime Naranjo, president of the Senate Human Rights Committee, noted that Ballesteros has consistently opposed human rights. "During his long history in the courts, time after time, he always favored human rights violators and ruled in favor of Augusto Pinochet. We know how he will act and proceed as a member of the Supreme Court. This may very well be a decisive step towards impunity."

At the time of the military coup of September 11,1973, Ballesteros was judge of the Second Criminal Court of the city of Osorno, in southern Chile. Between 1973 and 1976 Ballesteros participated as one of few civilian members of four War Councils, which conducted summary trials, sentencing presumed opponents of the military intervention.

Socialist Deputy Sergio Aguilo said the families of the victims should hold President Ricardo Lagos and Justice Minister Luis Bates accountable for the rulings Ballesteros issues in human rights cases.

The Ballesteros vote has upheld the amnesty law and statutes of limitation, concepts that protect individuals charged with serious human rights violations during dictatorship. Most recently, this past April his vote blocked removal of congressional immunity of Sergio Fernandez, who served as Interior Minister during the military regime.

Human rights attorney Juan Subercaseaux and researcher Juan Pablo Moreno documented six rulings since the year 2000 in which Ballesteros, voting as a member of the Santiago Court of Appeals, favored Augusto Pinochet on the grounds of health considerations:

1) Caravan of Death Case, June 5, 2000 (Rol 2182-98)
2) Prats-Cuthbert Case, October 7, 2002, (Rol 46071-2002,on request from Argentine judge Maria Servini de Cubria)
3) Calle Conferencia Case, September 16, 2003 (Rol 2181-98)
4) Operation Condor Case, July 5 2004 (Rol 3012-2004)
5) Prats-Cuthbert Case, January 5, 2004 (Rol 28786-2004, on request from Judge Alejandro Solis)
6) Riggs Bank Case, August 1, 2005 (Rol 10776-2005)

In the Riggs Bank case, Ballesteros opposed investigating Pinochet for the crimes of perjury related to 1989 Sworn Statement on Property, falsification and malicious use of public documents (passports), falsification of Ministry of Defense certificates, obstruction of justice and money laundering.

Juan Subercaseaux concludes his study with the following words: "It is scandalous and an offense to citizens of Chile that this judge was nominated by a President who is a member of a political party (Socialist Party) that suffered thousands of victims of human rights violations, including murders, disappearances, torture, exile and dismissal from jobs. Ricardo Lagos became President thanks to the votes of so many Chileans who personally endured such suffering and will never forget."

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