Now, an exiled family of a young economist murdered by the Chilean
military in 1973 contends that Fernandez-Larios should step forward again
to take responsibility for that death. In Miami federal court, the family
of Winston Cabello is suing for unspecified damages under the Alien Tort
Claims Act, and the more recent Torture Victim Protection Act, which
permits victims to sue in a U.S. court over incidents of torture
abroad.
The suit contends that Fernandez-Larios was one of those who tortured
Cabello and at least 70 others in northern Chile the month after Pinochet
seized power from President Salvador Allende.
The case emerges at a time when the fate of Pinochet himself is near
resolution in England, with magistrates in the House of Lords poised to
decide whether he may be extradited to Spain to answer charges of crimes
against humanity committed in Chile by his regime between 1973 and
1990.
For Fernandez-Larios, the veil of several years of anonymity was lifted
last Friday when a local process server hand-delivered court papers
announcing that he is a defendant in Case No. 99-528. Reached Tuesday at
his condominium home in Miami-Dade, he told The Herald that he would be
willing to discuss the case, but only after consulting his lawyer.
Fernandez-Larios appears to have lived and worked in obscurity over the
years since making his admissions in the Letelier case in 1987. At the
time, he said he surrendered voluntarily because he considered himself to
be a ``marked man'' in Chile.
Before U.S. District Judge Barrington Parker, Fernandez-Larios pleaded
guilty to a reduced charge of accessory to murder, and testified that his
role was limited to traveling to this country on a false passport,
locating Letelier's office and identifying his car.
Replied the judge: ``The defendant Fernandez has taken a giant step in
offering his plea.'' Parker added that Fernandez had ``pulled back the
cover'' by superiors to conceal the roles of others in the
assassination.
After his court appearance, Fernandez-Larios was reported to have
entered the federal witness protection program.
The Center for Justice & Accountability, a San Francisco legal
organization that draws financial support from Amnesty International and
the United Nations, retained an investigator to find him.
``There was after the time he came to the United States in 1987 rumors
that he entered the witness protection program,'' Shawn Roberts, the
center's legal director, said Tuesday. ``At the end of last year, our
clients started hearing rumors that people in the Chilean community in the
U.S. heard that Fernandez-Larios might be working in Miami.
``We heard initially that people thought he was working in an art
gallery,'' Roberts said. ``We found he had some small businesses. Between
December of '98 and February we started putting together the pieces, but
we weren't actually sure until we delivered the papers to him Friday.''
Paul Hoffman, a human rights lawyer in Santa Monica, Calif., who is
helping to prosecute the lawsuit, said one of the center's purposes is to
track down alleged human rights violators and hold them legally
accountable for their alleged offenses.
``There is an issue about whether people who committed serious human
rights crimes can go about their lives in the United States,'' he said.
``We sue them because they are here. If they have money, we intend to get
it.''
The Cabello family has not specified how much money it is seeking. Some
judgments in similar cases have ranged from $15 million to $20 million,
Hoffman said.
``There have been difficulties with payment, there have been some
collections -- that's one of the difficulties in these cases,'' he said.
``In a case like this, it could be millions of dollars. You're talking
about the killing of a young economist in his late 20s. He had a long life
ahead of him.''
Fernandez-Larios, who according to state records in 49 years old, has
until April 8 to formally respond to the lawsuit.Chilean family refuses to forget, seeks to settle score
Copyright © 1999 The Miami
Herald