José Zalaquett
Encyclopedia
José "Pepe" Zalaquett Daher is a Chile
an lawyer, renowned for his work in the defence of human rights
during the de facto
regime that governed Chile
under General
Augusto Pinochet
from 1973 to 1990.
Following the coup d'état of 11 September 1973, he became involved with the Comité Pro Paz, an agency established by various Christian churches and members of the Jewish community on the initiative of Roman Catholic Cardenal
Raúl Silva Henríquez. Serving as the director of its legal department from late 1973 until the committee was wound up in December 1975, his job was to direct and coordinate the efforts of internal and external lawyers in defending human rights. This entailed work in three broad areas:
On 15 November 1975, agents of the National Intelligence Directorate (DINA) arrested José Zalaquett and took him to the Tres Álamos detention centre. He was released on 30 January 1976, arrested again on 5 April, and sent into exile on 12 April. He did not return to Chile until 1986.
During his years abroad, he served as the head of the international executive committee of Amnesty International
from 1979 to 1982.
, Zalaquett was appointed by President
Patricio Aylwin
to serve on the National Truth and Reconciliation Commission, a truth commission
set up in 1990 to investigate human rights violations committed by the military regime. In 1999 and 2000 he served on the dialogue panel (mesa de diálogo) on human rights between members of the armed forces
and human rights lawyers.
From 2002 to 2005 he served as a member of the Inter-American Commission on Human Rights
, including a stint as its president in 2004-05.
(United States). He is a member of the Geneva
-based International Commission of Jurists
and member of the board of the International Centre for Transitional Justice.
Along with Cecilia Medina
, a Chilean judge on the Inter-American Court of Human Rights
, Zalaquett currently directs the Human Rights Centre at the University of Chile's law school.
In 1994 UNESCO
awarded him that year's Prize for Human Rights Education
.
In 2003 he was awarded Chile's National Prize for Humanities and Social Sciences for his "contribution to the protection of the rights of individuals and of ethics in politics". In August 2006, Santiago's Alberto Hurtado University gave him the San Alberto Hurtado Medal in recognition of his human rights work. He is patron of the Media Legal Defence Initiative
.
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
an lawyer, renowned for his work in the defence of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
during the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
regime that governed Chile
Chile under Pinochet
Chile was ruled by a military dictatorship headed by Augusto Pinochet from 1973 when Salvador Allende was overthrown in a coup d'etat until 1990 when the Chilean transition to democracy began. The authoritarian military government was characterized by systematic suppression of political parties and...
under General
General
A general officer is an officer of high military rank, usually in the army, and in some nations, the air force. The term is widely used by many nations of the world, and when a country uses a different term, there is an equivalent title given....
Augusto Pinochet
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet , was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973...
from 1973 to 1990.
The coup d'état and the Pro Paz Committee
José Zalaquett graduated from the law school of the University of Chile in 1967.Following the coup d'état of 11 September 1973, he became involved with the Comité Pro Paz, an agency established by various Christian churches and members of the Jewish community on the initiative of Roman Catholic Cardenal
Cardinal (Catholicism)
A cardinal is a senior ecclesiastical official, usually an ordained bishop, and ecclesiastical prince of the Catholic Church. They are collectively known as the College of Cardinals, which as a body elects a new pope. The duties of the cardinals include attending the meetings of the College and...
Raúl Silva Henríquez. Serving as the director of its legal department from late 1973 until the committee was wound up in December 1975, his job was to direct and coordinate the efforts of internal and external lawyers in defending human rights. This entailed work in three broad areas:
- Serving as counsel for defendants accused by the military courts (consejos de guerraCouncil of warA council of war is a term in military science that describes a meeting held to decide on a course of action, usually in the midst of a battle. Under normal circumstances, decisions are made by a commanding officer, optionally communicated and coordinated by staff officers, and then implemented by...
). - Filing for constitutional relief and habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
remedies (amparoAmparo (law)The writ of amparo is a remedy for the protection of constitutional rights, found in certain jurisdictions...
) on behalf of detainees held by the military. - Attempting to conduct investigations into the whereabouts of detainees.
On 15 November 1975, agents of the National Intelligence Directorate (DINA) arrested José Zalaquett and took him to the Tres Álamos detention centre. He was released on 30 January 1976, arrested again on 5 April, and sent into exile on 12 April. He did not return to Chile until 1986.
During his years abroad, he served as the head of the international executive committee of Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
from 1979 to 1982.
Restoration of democracy
During Chile's transition to democracyChilean transition to democracy
The Chilean transition to democracy began when a Constitution establishing a transition itinerary was approved in a plebiscite. From March 11, 1981 to March 11, 1990, several organic constitutional laws were approved leading to the final restoration of democracy...
, Zalaquett was appointed by President
President of Chile
The President of the Republic of Chile is both the head of state and the head of government of the Republic of Chile. The President is responsible of the government and state administration...
Patricio Aylwin
Patricio Aylwin
Patricio Aylwin Azócar was the first president of Chile after its return to democratic rule in 1990, following the military dictatorship of General Augusto Pinochet.- Early life :...
to serve on the National Truth and Reconciliation Commission, a truth commission
Truth commission
A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government , in the hope of resolving conflict left over from the past...
set up in 1990 to investigate human rights violations committed by the military regime. In 1999 and 2000 he served on the dialogue panel (mesa de diálogo) on human rights between members of the armed forces
Military of Chile
Chile's armed forces are subject to civilian control exercised by the president through the Minister of Defense. Military service of 12 to 24 months is mandatory for all male citizens upon turning 18. This conscription service can be postponed for educational or religious reasons...
and human rights lawyers.
From 2002 to 2005 he served as a member of the Inter-American Commission on Human Rights
Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
, including a stint as its president in 2004-05.
Academic work and awards
José Zalaquett has taught law at the University of Chile, and lectures there in international human rights law and in ethics and government. He holds Honoris Causa doctorates in law from Notre Dame University and City University of New YorkCity University of New York
The City University of New York is the public university system of New York City, with its administrative offices in Yorkville in Manhattan. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...
(United States). He is a member of the Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
-based International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
and member of the board of the International Centre for Transitional Justice.
Along with Cecilia Medina
Cecilia Medina
Cecilia Medina Quiroga is a Chilean jurist.Cecilia Medina studied legal and social sciences at the University of Chile in Santiago and earned a doctorate in law at the University of Utrecht in the Netherlands....
, a Chilean judge on the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...
, Zalaquett currently directs the Human Rights Centre at the University of Chile's law school.
In 1994 UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
awarded him that year's Prize for Human Rights Education
UNESCO Prize for Human Rights Education
The UNESCO/Bilbao Prize for the Promotion of a Culture of Human Rights, created in 1978 as the UNESCO Prize for Human Rights Education to mark the 30th anniversary of the adoption of the Universal Declaration of Human Rights, serves to honour the efforts of organizations or individuals that have...
.
In 2003 he was awarded Chile's National Prize for Humanities and Social Sciences for his "contribution to the protection of the rights of individuals and of ethics in politics". In August 2006, Santiago's Alberto Hurtado University gave him the San Alberto Hurtado Medal in recognition of his human rights work. He is patron of the Media Legal Defence Initiative
Media Legal Defence Initiative
The Media Legal Defence Initiative is a non-governmental organization established in 2008 to provide legal assistance to journalists and news media organizations, support training in media law and promote the exchange of information, litigation tools and strategies for lawyers working on media...
.
Publications
- The Human Rights Issue and The Human Rights Movement. World Council of Churches, Geneva. (1982)
- Derechos Humanos y Limitaciones Politicas en las Transiciones Democraticas del Conosur. Colección Estudios Cieplan, Santiago. (1991)
- "Moral Reconstruction in the Wake of Human Rights Violations and War Crimes". In: Hard Choices: Moral Dilemmas Relating to Humanitarian Intervention. Edited by Jonathan Moore of the John F. Kennedy School of Government, University of Harvard, and sponsored by the International Committee of the Red Cross. Rowman & Littlefield Publishers, USA. (1998)
- Los Límites de la Tolerancia. Libertad de Expresion y Debate Publico en Chile. Lom Ediciones, Santiago de Chile. (1998)
- "Truth, Justice and Reconciliation: Lessons For The International Community". In: Comparative Peace Processes In Latin America. José Zalaquett Daher. Cynthia Arnson. Woodrow Wilson Center Press/Stanford University Press, Washington, D.C. (1999)
- Procesos de Transición a la Democracia y Políticas de Derechos Humanos en América Latina (1998)
- La reconstrucción de la unidad nacional y el legado de violaciones de los derechos humanos. (1999)
- La Mesa de Diálogo sobre Derechos Humanos y el proceso de transición política en Chile. (2000)
- "No hay mañana sin ayer”: Análisis de la propuesta del presidente Lagos sobre Derechos Humanos. (2003)
- Transparencia, rendición de cuentas y lucha contra la corrupción en América 2004. (2004)
Source
- The earliest version of this article was translated, with minor adaptations, from the corresponding article on the Spanish-language WikipediaSpanish WikipediaThe Spanish Wikipedia is a Spanish-language edition of Wikipedia, a free, online encyclopedia. It currently has articles. Started in May 2001, it reached 100,000 articles on March 8, 2006. Currently, it is the 6th largest Wikipedia as measured by the number of articles, having surpassed Polish...
.
External links
- Human Rights Centre, Law Faculty, University of Chile
- Brief biography of Prof. Zalaquett (International Center for Transitional Justice)