3. The Aylwin Administration: Doing As Much As Possible

This chapter starts with a discussion of the limited nature of the transition to democracy, the nature of politics during Aylwin’s four years; the limited political space given to President Aylwin due to the restrictions imposed by the 1980 Constitution; and the inability of the Concertación politicians to modify the charter. In turn, the limited power of the President, the Amnesty Decree, and the presence of General Pinochet as Commander in Chief of the Army restricted, both legally and psychologically, the nature of human rights policies. The chapter focuses on President Aylwin’s notion that he did whatever he could, or as much as he could, in the very narrow political space given to him by the threatening and subversive actions of the former dictator and the uncompromising opposition of Unión Democrática Independiente. As a result, those involved in the crimes committed between 1973 and 1989 continued to enjoy power and impunity. The chapter analyzes specific human rights policies, including the establishment of the Truth and Reconciliation Commission, the role of the courts, and a failed set of legislative actions to consolidate the architecture of impunity.