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Wednesday, May 13, 2020

Melange (fictional drug)

From Wikipedia, the free encyclopedia
 
Melange
Cinnamon-colored cylinders in a box
Container of melange being examined by a poison snooper in David Lynch's Dune (1984)
Plot element from the Dune franchise
First appearance
Created byFrank Herbert
GenreScience fiction
In-story information
TypeDrug
FunctionIngested to lengthen lifespan, improve health, and heighten awareness
Specific traits and abilitiesHeavy powder which smells like cinnamon and glows blue; highly addictive, and longterm users acquire blue-within-blue colored eyes
Affiliation

Melange (/mˈlɑːnʒ/), often referred to as simply "the spice", is the name of the fictional drug central to the Dune series of science fiction novels by Frank Herbert, and derivative works.

In the series, the most essential and valuable commodity in the universe is melange, a drug that gives the user a longer life span, greater vitality, and heightened awareness; it can also unlock prescience in some humans, depending upon the dosage and the consumer's physiology. This prescience-enhancing property makes safe and accurate interstellar travel possible. Melange comes with a steep price, however: it is addictive, and withdrawal is fatal. Harvesting melange is also hazardous in the extreme, as its only known source is the harsh desert planet Arrakis, and melange deposits are guarded by giant sandworms.

Description

Melange is a drug able to prolong life, bestow heightened vitality and awareness, and can unlock prescience in some humans. This prescience-enhancing property makes safe and accurate interstellar travel possible, as it enables Spacing Guild Navigators to see safe paths through space-time and navigate the gigantic Guild heighliners safely between planets. The massive amount of melange needed to achieve this requires that Navigators be contained in a large tank within a cloud of spice gas. This intense and extended exposure mutates their bodies over time. In larger quantities, the spice possesses intense psychotropic effects, and is used as a powerful entheogen by both the Bene Gesserit and Fremen to initiate clairvoyant and precognitive trances, access genetic memory, and heighten other abilities. The Fremen also use the spice to make, among other things, paper, plastics, and chemical explosives, and the existence of "spice-cloth" and "spice-fiber" rugs are noted in Dune Messiah (1969) and Children of Dune (1976). Melange can be mixed with food, and it is used to make beverages such as spice coffee, spice beer, and spice liquor.

By the events of Dune, the spice is used all over the universe and is a sign of wealth. Duke Leto Atreides notes that of every valuable commodity known to mankind, "all fades before melange. A handful of spice will buy a home on Tupile." Jon Michaud of The New Yorker wrote, "Imagine a substance with the combined worldwide value of cocaine and petroleum and you will have some idea of the power of melange." Due to the rarity and value of melange and its necessity as a catalyst for interstellar travel, the Padishah Emperor's power at the outset of Dune is secured by his control of Arrakis, which puts him on equal footing with both the assembly of noble families called the Landsraad and the Spacing Guild, which monopolizes interstellar travel. Seizing control of the planet, Paul Atreides intensifies this form of hydraulic despotism by asserting control over both the Landsraad and Spacing Guild, as well as other factions in the universe. Herbert wrote:
Not without reason was the spice often called "the secret coinage." Without melange, the Spacing Guild's heighliners could not move. Melange precipitated the "navigation trance" by which a translight pathway could be "seen" before it was traveled. Without melange and its amplification of the human immunogenic system, life expectancy for the very rich degenerated by a factor of at least four. Even the vast middle class of the Imperium ate diluted melange in small sprinklings with at least one meal a day.
— Alia Atreides, Children of Dune
Herbert is vague in describing the appearance of the spice. He hints at its color in Dune Messiah when he notes that Guild Navigator Edric "swam in a container of orange gas [...] His tank's vents emitted a pale orange cloud rich with the smell of the geriatric spice, melange." Later in Heretics of Dune (1984), a discovered hoard of melange appears as "mounds of dark reddish brown". Herbert also indicates fluorescence in God Emperor of Dune (1981) when the character Moneo notes: "Great bins of melange lay all around in a gigantic room cut from native rock and illuminated by glowglobes [...] The spice had glowed radiant blue in the dim silver light. And the smell—bitter cinnamon, unmistakable." Herbert writes repeatedly, starting in Dune (1965), that melange smells like cinnamon. In Dune, Lady Jessica notes that her first taste of spice "tasted like cinnamon". Dr. Yueh adds that the flavor is "never twice the same [...] It's like life—it presents a different face each time you take it. Some hold that the spice produces a learned-flavor reaction. The body, learning a thing is good for it, interprets the flavor as pleasurable—slightly euphoric. And, like life, never to be truly synthesized."

Physiological side effects

Extensive use of the drug tints the sclera, cornea, and iris of the user to a dark shade of blue, called "blue-in-blue" or "the Eyes of Ibad", which is something of a source of pride among the Fremen and a symbol of their tribal bond. In Dune, Paul initially has green eyes, but after several years on Arrakis they begin to take on the deep, uniform blue of the Fremen. On other planets, the addicted often use tinted contact lenses to hide this discoloration. In Dune, Padishah Emperor Shaddam IV notes of two Guildsmen:
The taller of the two, though, held a hand to his left eye. As the Emperor watched, someone jostled the Guildsman's arm, the hand moved, and the eye was revealed. The man had lost one of his masking contact lenses, and the eye stared out a total blue so dark as to be almost black.
Melange is also highly addictive, and withdrawal means certain death, though the exact method of death is unmentioned. Paul Atreides notes in Dune that the spice is "[a] poison—so subtle, so insidious...so irreversible. It won't even kill you unless you stop taking it." When aerosolized and used as an inhalant in extremely high dosages—the standard practice for Guild Navigators—the drug acts as a mutagen. In the first chapter of Dune Messiah, Guild Navigator Edric is described in his tank of spice gas as "an elongated figure, vaguely humanoid with finned feet and hugely fanned membranous hands—a fish in a strange sea."

In Children of Dune, the term "spice trance" is used to describe the effects of an overdose of spice. Alia had previously subjected herself to such an overdose late in Dune Messiah, hoping to enhance her prescient visions. She achieves some success, but in Children of Dune, Leto II and Ghanima blame the trance for Alia's descent into Abomination. Fearful of the same fate, they resist Alia's urgings to undergo the spice trance themselves. The trial is later forced upon Leto at Jacurutu when it is suspected that he too is an Abomination. Leto survives the challenge and escapes, but is left changed. Unlike Alia, however, he remains in control, and the spice trance opens his eyes to the Golden Path that will ultimately save humanity.

Sources

In Dune, there is only one source of melange: the sands of the planet Arrakis, colloquially known as Dune, and millennia later called simply "Rakis". Herbert notes in Dune that a pre-spice mass is "the stage of fungusoid wild growth achieved when water is flooded into the excretions of Little Makers", the "half-plant–half-animal deep-sand vector of the Arrakis sandworm". Gases are produced which result in "a characteristic 'blow', exchanging the material from deep underground for the matter on the surface above it." This blow is explosive in nature, erupting with enough force to kill anyone in the vicinity of it. Frank Herbert describes such a spice blow in the following passage from Dune:
Then he heard the sand rumbling. Every Fremen knew the sound, could distinguish it immediately from the noises of worms or other desert life. Somewhere beneath him, the pre-spice mass had accumulated enough water and organic matter from the little makers, had reached the critical stage of wild growth. A gigantic bubble of carbon dioxide was forming deep in the sand, heaving upward in an enormous "blow" with a dust whirlpool at its center. It would exchange what had been formed deep in the sand for whatever lay on the surface.
Herbert writes that the pre-spice mass, "after exposure to sun and air, becomes melange". He later indicates its color in Children of Dune, when Leto II passes "the leprous blotches of violet sand where a spiceblow had erupted".

Collecting the melange is hazardous in the extreme, since rhythmic activity on the desert surface of Arrakis attracts the worms, which can be up to 400 meters (1,300 feet) in length, and are capable of swallowing a mining crawler whole. Thus, the mining operation essentially consists of vacuuming it off the surface with a vehicle called a Harvester until a worm comes, at which time an aircraft known as a Carryall lifts the mining vehicle to safety. The Fremen, who have learned to co-exist with the sandworms in the desert, harvest the spice manually for their own use and for smuggling off-planet.

Within the 1500 years between the events of God Emperor of Dune (1981) and Heretics of Dune (1984), the Tleilaxu discover an artificial method of producing the spice in their axlotl tanks, previously only used to create gholas. It is noted in Heretics of Dune that "[f]or every milligram of melange produced on Rakis, the Bene Tleilax tanks produced long tons". The technology "had broken the Rakian monopoly on the spice" but is not fully successful in pushing natural melange out of the marketplace.

Prequels and sequels

Project Amal

In the Prelude to Dune prequel trilogy by Brian Herbert and Kevin J. Anderson (1999–2001), Project Amal is an early attempt by the Bene Tleilax to create synthetic melange in order to eliminate dependence upon Arrakis. Upon presenting their idea to the Padishah Emperor Elrood Corrino IX, in 10,154 A.G. the Tleilaxu are granted the right to occupy the planet Ix by force (with the help of Elrood's Sardaukar army) and remake it into a laboratory station for the project. The old Emperor wants to remove the spice monopoly by making sure that he has the only access to it, thus controlling the Spacing Guild. The Tleilaxu subsequently rename Ix "Xuttuh" after their founder. In the year 10,156 A.G., Elrood IX is assassinated by Count Hasimir Fenring at the behest of Crown Prince Shaddam. Shaddam, now under the name of Padishah Emperor Shaddam IV, gives Fenring the title of Imperial Spice Minister and orders him to supervise the project.

Although Tleilaxu Master Hidar Fen Ajidica manages to create an artificial melange (called "ajidamal", or "amal") that seems to have the original's properties, it does not work properly. Test-sandtrout explode when exposed to it, and Fenring's test of its use by Guild Navigators ends in catastrophe as one heighliner and its passengers are destroyed and the Navigator of a second heighliner dies. When Duke Leto Atreides invades Xuttuh in 10,175 A.G. and reestablishes Prince Rhombur of House Vernius as ruler of Ix, all the records of Project Amal are destroyed by Fenring. When the news hits the Landsraad, Shaddam denies all participation, claiming never to have heard of it. He maintains that it had probably been something his senile father Elrood had done in his last days. The Tleilaxu Masters involved are ultimately executed. Ajidica himself dies from the side effects of ajidamal: his body literally falls apart as the synthetic melange had eaten it away from the inside out.

Ultraspice

In Sandworms of Dune, Brian Herbert and Anderson's 2007 conclusion to the original series, the Spacing Guild is manipulated into replacing its Navigators with Ixian navigation devices and cutting off the Navigators' supply of melange. Sure to die should they be without the spice, a group of Navigators commission Waff, an imperfectly awakened Tleilaxu ghola, to create "advanced" sandworms able to produce the melange they so desperately require. He accomplishes this by altering the DNA of the worm's sandtrout stage and creating an aquatic form of the worms, which are then released into the oceans of Buzzell. Adapting to their new environment, these "seaworms" quickly flourish, eventually producing a highly concentrated form of spice, dubbed ultraspice. This new form of spice is so powerful that a relatively small dose causes a potential Kwisatz Haderach to descend into a complete and unbreakable coma through perfect prescience.

Analysis

In Mycelium Running, mycologist Paul Stamets argues that Herbert's creation of melange was related in part to his own personal experiences with psilocybin mushrooms. Carol Hart analyzes the concept of the drug in the essay "Melange" in The Science of Dune (2008).

Free-trade zone

From Wikipedia, the free encyclopedia

A foreign-trade zone (FTZ) is a class of special economic zone. It is a geographic area where goods may be landed, stored, handled, manufactured, or reconfigured and re-exported under specific customs regulation and generally not subject to customs duty. Free trade zones are generally organized around major seaports, international airports, and national frontiers—areas with many geographic advantages for trade.

Definition

The World Bank defines free trade zones as "in, duty-free areas, offering warehousing, storage, and distribution facilities for trade, transshipment, and re-export operations." Free-trade zones can also be defined as labor-intensive manufacturing centers that involve the import of raw materials or components and the export of factory products, but this is a dated definition as more and more free-trade zones focus on service industries such as software, back-office operations, research, and financial services.

Synonyms

Free-trade zones are referred to as "foreign-trade zones" in the United States (Foreign Trade Zones Act of 1934), where FTZs provide customs-related advantages as well as exemptions from state and local inventory taxes. In other countries, they have been called "duty-free export processing zones," "export-free zones," "export processing zones," "free export zones," "free zones," "industrial free zones," "investment promotion zones," "maquiladoras," and "special economic zones." Some were previously called "free ports". Free zones range from specific-purpose manufacturing facilities to areas where legal systems and economic regulation vary from the normal provisions of the country concerned. Free zones may reduce taxes, customs duties, and regulatory requirements for registration of business. Zones around the world often provide special exemptions from normal immigration procedures and foreign investment restrictions as well as other features. Free zones are intended to foster economic activity and employment that could occur elsewhere.

Export-processing zone

An export-processing zone (EPZ) is a specific type of FTZ usually set up in developing countries by their governments to promote industrial and commercial exports. According to the World Bank, "an export processing zone is an industrial estate, usually a fenced-in area of 10 to 300 hectares, that specializes in manufacturing for export. It offers firms free trade conditions and a liberal regulatory environment. Its objectives are to attract foreign investors, collaborators, and buyers who can facilitate entry into the world market for some of the economy's industrial goods, thus generating employment and foreign exchange." Most FTZs are located in developing countries; Brazil, Colombia, India, Indonesia, El Salvador, China, the Philippines, Malaysia, Bangladesh, Nigeria, Pakistan, Mexico, the Dominican Republic, Costa Rica, Honduras, Guatemala, Kenya, Sri Lanka, Mauritius, and Madagascar all have EPZ programs. In 1997, 93 countries had set up export processing zones, employing 22.5 million people, and five years later, in 2003, EPZs in 116 countries employed 43 million people.

Brazil

In Brazil, 25 Export-Processing Zones have been authorized in 17 states, and 19 of them have been implemented. Brazilian government launched the first Export processing zones in 1988, aiming to fight the unbalances in the country. First EPZ area in operation was located near of the Port of Pecém in Ceará. Companies in these areas are benefited from tax exemptions and incentives at the ICMS Tax (State Value-Added Tax). Some Brazilian states offer other regional incentives. Companies also can take advantage of a Foreign exchange treatment supported by the law that created the EPZ and proximity of Custom authorities with offices inside the EPZ.

China

China has specific rules differentiating an EPZ from a FTZ. For example, 70% of goods in EPZs must be exported, but there is no such quota for FTZs.

Background

The world's first-documented free-trade zone was established on the Greek Island of Delos in 166 BCE. It lasted until about 69 BCE when the island was overrun by pirates. The Romans had many civitas libera, or free cities, some of which could coin money, establish their own laws, and not pay an annual tribute to the Roman Emperor. These continued through at least the first millennium CE. In the 12th century, the Hanseatic League began operating in Northern Europe and established trading colonies throughout Europe. These Free Trade Zones included Hamburg and the Steelyard in London. The Steelyard, like other Hansa stations, was a separate walled community with its own warehouses, weighing house, chapel, counting houses, and residential quarters. In 1988, remains of the former Hanseatic trading house, once the largest medieval trading complex in Britain, were uncovered by archaeologists during maintenance work on Cannon Street Station. Shannon, Ireland (Shannon Free Zone), established in 1959, has claimed to be the first "modern" free trade zone. The Shannon Zone was started to help the city airport adjust to a radical change in aircraft technology that permitted longer range aircraft to skip previously-required refueling stops in Shannon. It was an attempt by the Irish government to maintain employment around the airport so that the airport would continue to generate revenue for the Irish economy. It was hugely successful and is still in operation today. Other free zones to note are the Kandla Free Zone in India, which started in about 1960, and the Kaohsiung Export Processing Zone in Taiwan, which started in 1967. The number of worldwide free-trade zones proliferated in the late 20th century.

Corporations setting up in a zone may be given a number of regulatory and fiscal incentives, such as the right to establish a business, the right to import parts and equipment without duty, the right to keep and use foreign exchange earnings, and sometimes income or property tax breaks. There may also be other incentives relating the methods of customs control and filing requirements. The rationale is that the zones will attract investment, create employment, and thus reduce poverty and unemployment, stimulating the area's economy. These zones are often used by multinational corporations to set up factories to produce goods (such as clothing, shoes, and electronics).

Free-trade zones should be distinguished from free trade areas. A free trade zone is normally established in a single country, although there are a few exceptions where a free zone may cross a national border, such as the Syrian/Jordanian Free Trade Zone. Free trade areas are set up between countries; for example, the Latin America Free Trade Association (LAFTA) was created in the 1960 Treaty of Montevideo by Argentina, Brazil, Chile, Mexico, Paraguay, Peru, and Uruguay; and the North American Free Trade Agreement was established between Mexico, the United States, and Canada. In free trade areas, tariffs are only lowered between member countries. They should also be distinguished from customs unions, like the former European Economic Community, where several countries agree to unify customs regulations and eliminate customs between the union members.

Free-trade zones have more recently been also called special economic zones in some countries. Special economic zones (SEZs) have been established in many countries as testing grounds for the implementation of liberal market economy principles. SEZs are viewed as instruments to enhance the acceptability and the credibility of the transformation policies and to attract domestic and foreign investment. The change in terminology has been driven by the formation of the World Trade Organization (WTO), which prohibits members from offering certain types of fiscal incentives to promote the exports of goods, thus why the term Export Processing Zone (EPZ) is no longer used with newer zones. For example, India converted all of its EPZs to SEZs in 2000.

In 1999, there were 43 million people working in about 3,000 FTZs spanning 116 countries and producing clothes, shoes, sneakers, electronics, and toys. The basic objectives of economic zones are to enhance foreign exchange earnings, develop export-oriented industries, and generate employment opportunities.

US Foreign-Trade Zone Board and ASF

In the US, the Foreign Trade Zone Board is led by the Secretary of Commerce and the Secretary of the Treasury. In January 2009, the Foreign-Trade Zones Board adopted an FTZ Board staff proposal to make what it called the Alternative Site Framework (ASF) as a means of designating and managing general-purpose FTZ sites through reorganization. The ASF provides Foreign-Trade Zone grantees greater flexibility to meet specific requests for zone status by utilizing the minor boundary modification process. The theory of the ASF is that by more closely linking the amount of FTZ-designated space to the amount of space activated with Customs and Border Protection, Zone users would have better and quicker access to benefits. When an FTZ grantee evaluates whether or not to expand its FTZ project in order to improve the ease in which the Zone may be utilized by existing companies, as well as how it attracts new prospective companies, the Alternative Site Framework (ASF) should be considered. The ASF may be an appropriate option for certain Foreign-Trade Zone projects, but the decision of whether to adopt the new framework and what the configuration of the sites should be requires careful analysis and planning. Regardless of the choice to expand the FTZ project, the sites should be selected and the application drafted in such a manner as to receive swift approval while maximizing benefit to those that locate in the Zone. Successful zone projects are generally the result of a plan developed and implemented by individuals who understand all aspects of the FTZ program.

The Foreign Trade Zone Board (FTZB) approves the reorganization of Foreign Trade Zone (FTZ) 32 under the alternative site framework. The application submitted by its grantee, The Greater Miami Foreign Trade Zone was approved and officially ordered by the FTZB on January 8, 2013. From California to Oklahoma, North Carolina, and New York State, FTZs all across the nation have recently been making use of the flexible opportunities offered by the Alternative Site Framework (ASF) program. The ASF program is designed to serve zone projects that want the flexibility to both attract users/operators to certain fixed sites but also want the ability to serve companies at other locations where the demand for FTZ services will arise in the future. FTZ 32 was founded in 1979 and processes over $1 billion in goods with products from more than 65 countries and exported to more than 75 countries worldwide with speed and efficiency. According to the official order from the FTZB, FTZ 32 existing site 1, Miami Free Zone, will be classified as a magnet site.

UAE Free Zones

Due to growing business opportunities in the United Arab Emirates (UAE), the UAE government has introduced 'Free Zones' to make it easier for foreigners to invest and operate in the UAE. In these Free Zones, investors benefit from maintaining full business ownership and receiving tax exemptions.
Some of the benefits of setting up business in UAE Free Zones are:
  • Tax exemption
  • 100% ownership of business (Outside freezone, you are required to get a local sponsor)
  • Bank accounts can be opened in a business's name
  • Reasonable renewal fees
  • 100% import and export tax exemptions
  • 100% repatriation of profits and capital
  • No personal income tax
Currently, there are 45 FTZs active in UAE.

Criticism

Sometimes the domestic government pays part of the initial cost of factory setup, loosens environmental protections and rules regarding negligence and the treatment of workers, and promises not to ask payment of taxes for the next few years. When the taxation-free years are over, the corporation that set up the factory without fully assuming its costs is often able to set up operations elsewhere for less expense than the taxes to be paid, giving it leverage to take the host government to the bargaining table with more demands, but parent companies in the United States are rarely held accountable.

Political writer Naomi Klein has also criticized the transient nature of FTZs, noting the factory closures connected to the 1997 Asian financial crisis. She criticized the low wages and long hours, citing work days of twelve or more hours in Indonesia, Philippines, Southern China, and Sri Lanka circa 2000.

Indictment and arrest of Augusto Pinochet

From Wikipedia, the free encyclopedia
 
Augusto Pinochet
Pinochet de Civil.jpg
Born
Augusto José Ramón Pinochet Ugarte

25 November 1915
Died10 December 2006 (aged 91)
Santiago, Chile
at the Military Hospital
Cause of deathheart attack
OccupationPresident
Criminal statusDeceased
Spouse(s)Lucía Hiriart
Children
  • Augusto Osvaldo
  • Marco Antonio
  • Inés Lucía
  • María Verónica
  • Jacqueline Marie
Parent(s)
  • Augusto Pinochet Vera
  • Avelina Ugarte Martínez

Criminal charge

General Augusto Pinochet was indicted for human rights violations committed in his native Chile by Spanish magistrate Baltasar Garzón on 10 October 1998. He was arrested in London six days later and held on house arrest for a year and a half before being released by the British government in March 2000. Authorised to return to Chile, Pinochet was subsequently indicted by judge Juan Guzmán Tapia and charged with several crimes. He died on 10 December 2006 without having been convicted. His arrest in London made the front pages of newspapers worldwide; not only did it involve the head of the military dictatorship that ruled Chile between 1973 and 1990, it marked the first time judges had applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed in a country by former heads of state, despite the existence of local amnesty laws.

Pinochet led a 11 September 1973 coup which deposed Socialist President Salvador Allende. His 17-year regime was responsible for numerous human rights violations, some of which were committed as part of Operation Condor, an illegal effort to suppress political opponents in Chile and abroad in coordination with foreign intelligence agencies. Pinochet was also accused of using his position to pursue personal enrichment through embezzlement of government funds, the illegal drug trade and illegal arms trade. The Rettig Report found that at least 2,279 people were conclusively murdered by the Chilean government for political reasons during Pinochet's regime, and the Valech Report found that at least 30,000 people were tortured by the government for political reasons.

Pinochet's attorneys, headed by Pablo Rodríguez Grez (former leader of the far-right group Fatherland and Liberty), argued that he was entitled to immunity from prosecution first as a former head of state, then under the 1978 amnesty law passed by the military junta. They also claimed that his alleged poor health made him unfit to stand trial. A succession of judgments by various Courts of Appeal, the Supreme Court, medical experts, etc., led to Pinochet's subsequent house arrest and release, before he died on 10 December 2006, just after having been again put under house arrest on 28 November 2006 in the Caravan of Death case.

At the time of his death in 2006, Pinochet had been implicated in over 300 criminal charges for numerous human rights violations, including the Caravan of Death case (case closed in July 2002 by the Supreme Court of Chile, but re-opened in 2007 following new medical advice), Carlos Prats's assassination (case closed on 1 April 2005), Operation Condor (case closed on 17 June 2005), Operation Colombo, the Villa Grimaldi, Carmelo Soria, Calle Conferencia, Antonio Llidó and Eugenio Berrios cases, tax evasion and passport forgery.

Timeline

Arrest in London

In 1998, Pinochet, who at the time continued to wield considerable influence in Chile, travelled to the United Kingdom for medical treatment; allegations have been made that he was also there to negotiate arms contracts. While in London, he was arrested on 17 October 1998 under an international arrest warrant issued by judge Baltasar Garzón of Spain, and placed under house arrest: initially in the clinic where he had just undergone back surgery, and later in a rented house. The charges included 94 counts of torture of Spanish citizens, the 1975 assassination of Spanish diplomat Carmelo Soria, and one count of conspiracy to commit torture — allegations of abuses had been made numerous times before his arrest, including since the beginning of his rule, but had never been acted upon. Grappling with the conditions set by Chile's turbulent transition to democracy, the coalition government known as Concertación' and headed by President Eduardo Frei Ruiz-Tagle opposed his arrest, extradition to Spain, and trial.
 
A hard-fought 16-month-long legal battle ensued in the House of Lords, then the highest court of the United Kingdom. Pinochet claimed immunity from prosecution as a former head of state under the State Immunity Act 1978. This was rejected by a majority of the Law Lords (3-2), who ruled that some international crimes, such as torture, did not grant a former head-of-state immunity. However, the judgement was set aside in a subsequent, unprecedented case on the basis that one of the judges involved was potentially biased due to his ties to Amnesty International, a human rights organization that had campaigned against Pinochet for decades and acted as an intervenor in the case. A third ruling in March 1999 confirmed the original verdict; this time, the Lords held that Pinochet could only be prosecuted for crimes committed after 1988, the year in which the United Kingdom implemented legislation ratifying the United Nations Convention Against Torture in the Criminal Justice Act 1988. This invalidated most, but not all, of the charges against Pinochet and gave the green light for his extradition to Spain to proceed.

In April 1999, former UK Prime Minister Margaret Thatcher and former US President George H. W. Bush called upon the British government to release Pinochet. They argued that Pinochet should be allowed to return to his homeland rather than be extradited to Spain. On the other hand, United Nations High Commissioner of Human Rights, Mary Robinson, hailed the Lords' ruling, declaring that it was a clear endorsement that torture is an international crime subject to universal jurisdiction. Furthermore, Amnesty International and the Medical Foundation for the Care of Victims of Torture demanded his extradition to Spain. In protest against Spain's action, Chile withdrew its ambassador from Madrid for a time. Thatcher sent Pinochet a bottle of single malt whisky during this time, with a note saying "Scotch is one British institution that will never let you down".

Meanwhile, questions began to emerge in the media about Pinochet's allegedly fragile health. After medical tests were conducted, Home Secretary Jack Straw ruled in January 2000 that the former dictator should not be extradited to Spain. This triggered protests from human rights NGOs, and led the Belgian government, along with six human rights groups (including Amnesty International), to file a complaint against Straw's decision before the International Court of Justice (ICJ) in January 2000. Belgium, as well as France and Switzerland, had deposed extradition requests in the wake of Spain's demand. Despite protests by legal and medical experts from several countries, Straw finally ruled, in March 2000, that Pinochet had to be set free and authorized his return to Chile. On 3 March 2000, Pinochet returned to Chile. His first act upon landing in Santiago de Chile's airport was to triumphantly stand up from his wheelchair to the acclaim of his supporters. The first person to greet him was his successor as head of the Chilean Armed Forces, General Ricardo Izurieta. President Ricardo Lagos, who had just been sworn into office on 11 March, said the retired general's televised arrival had damaged Chile's international reputation, while thousands held demonstratations against the ex-dictator.

Despite his release on grounds of ill health, the unprecedented detention of Pinochet in a foreign country for crimes against humanity committed in his own country, without a warrant or request for extradition from his own country, marked a watershed in international law. Some scholars consider it one of the most important events in legal history since the Nuremberg Trials of Nazi war criminals. Judge Garzón's case was largely founded on the principle of universal jurisdiction — that certain crimes are so egregious that they constitute crimes against humanity and can therefore be prosecuted in any court in the world. The British House of Lords ruled that Pinochet had no right to immunity from prosecution as a former head of state, and could be put on trial. In Spain, the Court of Appeal of the Audiencia Nacional affirmed Spanish jurisdiction over Argentine and Chilean cases, declaring that domestic amnesty laws (in the case of Chile, the 1978 amnesty law passed by Pinochet's regime) could not bind the Spanish courts. Both for matters concerning the "Dirty War" in Argentina and for Chile, they characterized the crimes as genocides. However, both the Spanish and British rulings relied not on international law, but on domestic legislation: "They talked about universal jurisdiction, but grounded their decision in domestic statutory law."

Return to Chile

In March 2000, after Pinochet's return, the Chilean Congress approved a constitutional amendment creating the status of "ex-president", which granted Pinochet immunity from prosecution and guaranteed him a financial allowance. In exchange, it required him to resign his seat of senator-for-life. 111 legislators voted for, and 29 against. Despite this political move, on 23 May 2000, the Court of Appeal of Santiago lifted Pinochet's parliamentary immunity concerning the Caravan of Death case. This was confirmed by the Supreme Court of Chile, which voted on 8 August 2000, by 14 votes against 6, to strip Pinochet of his parliamentary immunity. On 1 December 2000, judge Juan Guzmán Tapia indicted Pinochet for the kidnapping of 75 opponents in the Caravan of Death case — Guzmán advanced the charge of kidnapping on the grounds that the victims were officially "disappeared": even though they were most likely dead, the absence of their corpses made any charge of homicide difficult. Shortly after, on 11 December 2000, the ruling was suspended by the Court of Appeal of Santiago on medical grounds. In addition to the Caravan of Death, 177 other complaints were filed against Pinochet.

In January 2001, medical experts stated that Pinochet was suffering from "mild dementia", which did not impede him from being prosecuted before the courts. Subsequently, judge Guzmán ordered his arrest in late January 2001. However, the judiciary procedures were again suspended on 9 July 2001 because of alleged health reasons. In July 2002, the Supreme Court dismissed Pinochet's indictment in the various cases on medical grounds (an alleged "vascular dementia"). That same year, the prosecuting attorney Hugo Guttierez, who headed the Caravan of Death case, declared that "Our country has the degree of justice that the political transition permits us to have." Shortly after the verdict, Pinochet resigned from the Senate, thus benefiting from the 2000 Constitutional amendment granting him immunity from prosecution. Thereafter, he lived a quiet life, rarely made public appearances and was notably absent from events marking the 30th anniversary of the coup on 11 September 2003.

House arrest

On 28 May 2004, a Court of Appeals voted 14 to 9 to revoke Pinochet's dementia status and, consequently, his immunity from prosecution. In arguing its case, the prosecution presented a recent television interview Pinochet had given for a Miami-based television network. The judges found that the interview raised doubts about the alleged mental incapacity of Pinochet. On 26 August, in a 9 to 8 vote, the Supreme Court upheld the decision. On 2 December, a Santiago Appeals Court stripped Pinochet of immunity from prosecution over the 1974 assassination of General Carlos Prats, his predecessor as Army Commander-in-Chief, who was killed by a car bomb while in exile in Argentina. On 13 December, Judge Juan Guzmán Tapia placed Pinochet under house arrest and indicted him over the disappearance of nine opposition activists and the murder of one of them during his regime. However, the Supreme Court reversed the Appeals Court ruling in the Carlos Prats case on 24 March 2005, thereby upholding Pinochet's immunity. Later that year, on 14 September, the Supreme Court decided to strip Pinochet of his immunity in the Operation Colombo case involving the killing of 119 dissidents. The following day, he was then acquitted of the human rights case due to his purported ill health. In late November, he was once again deemed fit to stand trial by the Chilean Supreme Court and indicted, this time for the disappearance of six dissidents who had been detained by Chile's security forces in late 1974. He was placed under house arrest on the eve of his 90th birthday.

In July 2006, the Supreme Court upheld a January judgment by the Court of Appeal of Santiago, which argued that the 2002 Supreme Court's ruling stating that Pinochet could not be prosecuted in the Caravan of Death case did not apply to two of its victims, who were former bodyguards of Salvador Allende. On 9 September, Pinochet was stripped of his immunity by the Supreme Court. Judge Alejandro Madrid was thus able to indict him for the kidnappings and tortures at Villa Grimaldi. Furthermore, Pinochet was indicted in October 2006 for the assassination of DINA biochemist Eugenio Berríos in 1995. On 30 October, Pinochet was charged with 36 counts of kidnapping, 23 counts of torture, and one of murder for the torture and disappearance of opponents of his regime at Villa Grimaldi. On 28 November 2006, judge Víctor Montiglio, charged with overseeing the Caravan of Death case, ordered Pinochet's house arrest. However, Pinochet died a few days later on 10 December, without having been convicted of any crimes committed during his administration.

Tax fraud and foreign bank accounts

The U.S. Senate Permanent Subcommittee on Investigations released a report on 15 July 2004 concerning Riggs Bank, which had solicited Pinochet and controlled between US$4 million and US$8 million of his assets. According to the report, Riggs participated in money laundering for Pinochet, setting up offshore shell corporations (referring to Pinochet as only "a former public official"), and hiding his accounts from regulatory agencies. The report said the violations were "symptomatic of uneven and, at times, ineffective enforcement by all federal bank regulators, of bank compliance with their anti-money-laundering obligations". In 2006, Pinochet's total wealth was estimated to be at least $28 million.

Five days later, a Chilean court formally opened an investigation into Pinochet's finances for the first time, on allegations of fraud, misappropriation of funds and bribery. A few hours later, the state prosecutor, Chile's State Defense Council (Consejo de Defensa del Estado), presented a second request for the same judge to investigate Pinochet's assets, but without directly accusing him of crimes. On 1 October 2004, Chile's Internal Revenue Service ("Servicio de Impuestos Internos") filed a lawsuit against Pinochet, accusing him of fraud and tax evasion, for the amount of US$3.6 million in investment accounts held at Riggs between 1996 and 2002. Furthermore, a lawsuit against the Riggs Bank and Joe L. Allbritton, chief executive of the bank until 2001, was closed after the bank agreed in February 2005 to pay $9 million to Pinochet's victims in compensation for its money-laundering activities on behalf of Pinochet.

Pinochet could have faced fines in Chile totaling 300% of the amount owed, and prison time, if he had been convicted before his death. Aside from the legal ramifications, this evidence of financial impropriety severely embarrassed Pinochet. According to the State Defense Council, his hidden assets could never have been acquired solely on the basis of his salary as President, Chief of the Armed Forces, and Life Senator.

BAE Systems

In September 2005, a joint-investigation by The Guardian and La Tercera revealed that the British arms firm BAE Systems had been identified as having paid more than £1m to Pinochet through a front company in the British Virgin Islands, which BAE has used to channel commissions on arms deals. The payments began in 1997 and lasted until 2004. BAE had tried to conclude a deal in the 1990s to sell Chile a rocket system and as of 2005 was trying to sell it naval electronics. The Chilean Army reportedly spent $60 million on the Rayo rocket system on a joint-venture with BAE Systems starting in 1994, before abandoning the project in 2003. Since 2001, British legislation outlaws corruption of foreign public officials (part 12 of the Anti-terrorism, Crime and Security Act 2001).

Charges against Pinochet and family members

In November 2005, Pinochet was deemed fit to stand trial by the Chilean Supreme Court and was indicted and put under house arrest on tax fraud and passport forgery charges but was released on bail; however, he remained under house arrest due to unrelated human rights charges. 

This tax fraud filing, related to Pinochet's and his family's secret bank accounts in the United States and in Caribbean islands, for an amount of US$27 million, shocked the pro-Pinochet wing of Chilean public opinion more than the accusations of human rights abuses. Ninety percent of these funds would have been raised between 1990 and 1998, when Pinochet was Commander-in-Chief of the Army, and would essentially have come from weapons traffic (when purchasing Belgian Mirage fighter aircraft in 1994, Dutch Léopard tanks, Swiss Mowag tanks or by illegal sales of weapons to Croatia, in the middle of the Balkan war; the later case has been linked by Chilean justice with the assassination of Colonel Gerardo Huber in 1992). General Pinochet was reported to have owed the Chilean tax administration a total of $16.5 million.

In that case, Pinochet's immunity was stripped by the Appeal Court of Santiago, and confirmed by the Supreme Court on 19 October 2005. The legal proceedings could have eventually led to a trial against Pinochet, his wife Lucia Hiriart and one of his sons, Marco Antonio Pinochet, who was sued for complicity. Judge Juan Guzmán Tapia was skeptical, however, of the probability of a trial, either for human rights violations or for financial fraud. Nonetheless, indications from a number of medical examinations suggested that the physical and mental condition of the former dictator would have allowed him to be prosecuted. On 23 November 2005, judge Carlos Cerda charged Pinochet for fraud and ordered his arrest. Pinochet was freed under caution on the grounds that "his freedom did not represent a danger for the security of the society". This was the fourth time in seven years that Pinochet was indicted and charged for illegal behavior.

On 23 February 2006, Pinochet's wife Lucia Hiriart, children Augusto, Lucía, Jacqueline, Marco Antonio, and Maria Verónica, daughter-in-law, and personal secretary were indicted on charges of tax fraud, including failing to declare bank accounts overseas, and using false passports. Lucía fled to the US, but was detained and returned to Argentina, her country of departure, after attempting unsuccessfully to claim political asylum. Pinochet's wife, five children, and 17 other persons (including two generals, one of his ex-lawyer and his ex-secretary) were arrested in October 2007 on charges of embezzlement and use of false passports in the context of the Riggs affair. They are accused of having illegally transferred $27m (£13.2m) to foreign bank accounts during Pinochet's rule.

Allegations during Pinochet's last days

In 2006, General Manuel Contreras, head of the Chilean secret police DINA under Pinochet, alleged in testimony sent to Judge Claudio Pavez (overseeing the Huber case) that Pinochet and his son Marco Antonio Pinochet had been involved in the clandestine production of chemical and biological weapons, and in the production (under Eugenio Berríos's direction), sale and trafficking of cocaine. These allegations were never fully investigated by the Chilean courts, nor by a government commission set up to establish their veracity.

Fifteen years of investigations also revealed that Pinochet was at the center of an illegal arms trade organized around FAMAE (Factories and Arsenals of the Army of Chile), which received money from various offshore and front companies, including the Banco Coutts International in Miami. One of the deals notably included the transfer of 370 tons of weapons to Croatia, which was under UN embargo because of the war against Serbia. Another involved a 1995 arms contract with Ecuador which gave rise to kickbacks, some of which ended up in Pinochet's bank accounts abroad.

Extraterritorial jurisdiction

From Wikipedia, the free encyclopedia

Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.

Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the external territory (except by the exercise of force), it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like "claimed ETJ".

The phrase may also refer to a country's laws extending beyond its boundaries in the sense that they may authorise the courts of that country to enforce their jurisdiction against parties appearing before them in with respect to acts they allegedly engaged in outside that country. This does not depend on the co-operation of other countries, since the affected people are within the relevant country (or at least, in a case involving a person being tried in absentia, the case is being heard by a court of that country). For example, many countries have laws which give their criminal courts jurisdiction to try prosecutions for piracy, sexual offences against children, computer crimes and/or terrorism committed outside their national boundaries. Sometimes such laws only apply to nationals of that country, and sometimes they may apply to anyone.

Cases of exercised jurisdiction

Diplomatic missions

Diplomatic immunity of foreign embassies and consulates in host countries is governed by the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations.

Military forces

Status of forces agreements and visiting forces agreements are in effect in many countries that allow visiting forces to exercise jurisdiction over members of their forces that are stationed in the host country.

Criminal law

Criminal jurisdiction can be of an extraterritorial nature where:
Criminal codes in certain countries assert jurisdiction over crimes committed outside the country:
  • in France, the Code pénal asserts general jurisdiction over crimes by, or against, the country's citizens, no matter where they may have occurred; this is also the case with regard to those who became French citizens after the act. Double criminality is required except in the cases of felonies (crimes) which carry custodial sentences of ten years or more.
  • in Japan, the Penal Code specifies certain cases and applicable lists of crimes over which jurisdiction will be asserted.
Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide even when the crime is committed extraterritorially. In addition, the Rome Statute of the International Criminal Court has been incorporated into domestic law in many countries to provide for the International Criminal Court to exercise jurisdiction within their borders.

Sanctions against foreign countries

Economic sanctions against other countries may be instituted under either domestic law or under the authority of the United Nations Security Council, and their severity can include measures against foreign persons operating outside the country in question.

In 2017, German Chancellor Angela Merkel and European Union President Jean-Claude Juncker criticized the draft of new U.S. sanctions against Russia targeting the EU–Russia energy projects. France’s foreign ministry described the new U.S. sanctions as illegal under international law due to their extra-territorial reach.

Competition law

Extraterritorial jurisdiction plays a significant role in regulation of transnational anti-competitive practices. In the US, extraterritorial impacts in this field first arose from Standard Oil Co. of New Jersey v. United States, where Imperial Oil in Canada was ordered to be divested from Standard Oil. Current practice dates from United States v. Alcoa, where the effects doctrine was introduced, allowing for jurisdiction over foreign offenders and foreign conduct, so long as the economic effects of the anticompetitive conduct are experienced on the domestic market. The effects doctrine has been gradually developed in the U.S. and then in various forms accepted in other jurisdictions. In the EU it is known as the implementation test.

Extraterritorial jurisdiction in the area of antitrust faces various limitations, such as the problem of accessing foreign-based evidence, as well as the difficulties of challenged anticompetitive conduct arising from foreign state involvement.

Application in specific countries

Commonwealth of Nations

The ability of parliaments of Commonwealth countries to legislate extraterritorially was confirmed by s. 3 of the Statute of Westminster 1931.

In Australia, extraterritorial jurisdiction of the state parliaments was authorized by s.2 of the Australia Act 1986.

Canada

The Criminal Code asserts jurisdiction over the following offences outside Canada:

United Kingdom

Under Section 72 of the Sexual Offences Act 2003, British citizens can be prosecuted for sexual offences committed against children abroad. Section 72 was used to convict paedophile Richard Huckle on 71 counts of serious sexual offences against children in Malaysia. Huckle was sentenced to 22 life sentences. While no official tally is kept, seven people are believed to have been convicted under Section 72.

The Female Genital Mutilation Act 2003 asserted extraterritoral jurisdiction to close the loophole whereby girls could be taken outside the UK to undergo FGM procedures.

United States

Municipal and state law

In the U.S., many states have laws or even constitutional provisions which permit cities to make certain decisions about the land beyond the town's incorporated limits.
  • Examples of states which allow cities to claim ETJ with respect to zoning or other matters, either generally or prior to annexation, are:

Federal law

The U.S. Criminal Code asserts the following items to fall within the special maritime and territorial jurisdiction of the United States, much of which is extraterritorial in nature:
  1. The high seas and any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular state, including any vessels owned by US persons that are travelling on them
  2. Any US vessel travelling on the Great Lakes, connecting waters or the Saint Lawrence River (where that river forms part of the Canada–United States border)
  3. Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof
  4. Any island claimed under the Guano Islands Act
  5. Any US aircraft flying over waters in the same manner as US vessels
  6. Any US spacecraft when in flight
  7. Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States
  8. Any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States
  9. Offenses committed by or against a national of the United States in diplomatic missions, consulates, military and other missions, together with related residences, outside the US
  10. International Parental Kidnapping Crime Act
In order to deal with the issue of private military contractors and private security contractors being used by U.S. Government agencies overseas, the Military Extraterritorial Jurisdiction Act was passed by Congress to subject them to a similar manner of jurisdiction.

Certain federal property has the status of federal enclave, restricting the application of state laws, but that has been partially rectified by the Assimilative Crimes Act. Similarly, state jurisdiction is restricted on Native American tribal lands.

Generally, the U.S. founding fathers and early courts believed that American laws could not have jurisdiction over sovereign countries. In a 1909 Supreme Court case, Justice Oliver Wendel Holmes introduced what came to be known as the "presumption against extraterritoriality," making explicit this judicial preference that U.S. laws not be applied to other countries. American thought about extraterritoriality has changed over the years, however. For example, the Alien Tort Statute of 1789 allows foreign citizens in the United States to bring cases before federal courts against foreign defendants for violations of the "law of nations" in foreign countries. Although this statute was ignored for many years, U.S. courts since the 1980s have interpreted it to allow foreigners to seek justice in cases of human-rights violations in foreign lands, such as in Sosa v. Alvarez-Machain. In Morrison v. National Australia Bank, 2010, the Supreme Court held that in interpreting a statute, the "presumption against extraterritoriality" is absolute unless the text of the statute explicitly says otherwise.

Economic law

Economic sanctions with extraterritorial impact have been instituted under:
Unlike most nations, the United States also attempts extraterritorial application of U.S. personal tax laws. The Foreign Account Tax Compliance Act is an extension of this concept, which focuses on enforcement.

Delayed-choice quantum eraser

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Delayed-choice_quantum_eraser A delayed-cho...