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Santiago, Chile – Jeannette Avila takes out a white handkerchief atop Cerro Chena, a hill overlooking Chile’s capital, Santiago. Waving it up and down, she begins to dance to the music of Chile’s national dance.

“La cueca” is normally performed with a partner, but Avila is dancing alone

The photographs of Chilean political prisoners who were forcibly disappeared decades ago and whose remains have never been found are laid out at her feet. Among them is Avila’s grandfather, whose face and name are emblazoned on her T-shirt.

“My grandfather, Roberto Avila, was a railroad worker and a protestant pastor, and we know that he was executed here with others,” Avila told Al Jazeera during a memorial two weeks ago to the more than 100 people who are believed to have been killed in this spot in the 1970s and 1980s.

“But their remains are still missing.”

Her grandfather was detained by Chile’s secret police nearly 47 years ago, shortly after Chilean dictator Augusto Pinochet led a September 11, 1973 coup that deposed the country’s left-wing president, Salvador Allende, and his government

One of the Chilean army’s most notorious interrogation and torture centres was on Cerro Chena – and the area has become a symbol for the mothers, widows, children, and grandchildren of the more than 1,160 people who were disappeared during Pinochet’s 17-year military dictatorship and never seen again.

Avila’s solitary dance is called “la cueca sola” (cueca alone) in honour of the dance partners that she, and so many other Chilean families, are still missing.

“Their souls, and ours, continue searching for peace. My grandmother died without even a bone of her husband’s to bury to give her some solace,” she says, tears streaming down her face

In the lead-up to the 50-year anniversary on Monday of the coup that initiated Chile’s military dictatorship, four generations of Chileans are being forced to face a still-unresolved national trauma.

Tens of thousands of Chileans were tortured, executed or forcibly disappeared under Pinochet’s rule, according to two government truth commissions set up after Chile returned to democracy in 1990.

In the vast majority of the cases, the perpetrators of human rights abuses have not been tried and sentenced. Worse yet, for the families of the missing, the military has still refused to reveal details about what happened to them or their remains.

For years, defending the military regime’s human rights legacy – at least in public – was thought of as politically unacceptable. But as in other countries in the region, so-called “dirty war denial” is growing in Chile, sowing anger and division on all sides.

Late last month, the government of left-wing President Gabriel Boric unveiled a national search plan that for the first time makes the Chilean state responsible for uncovering what happened to the missing, who was responsible for their disappearances, and where their remains are buried

But conservative opposition leaders have refused to embrace the proposal, even boycotting the ceremony at the presidential palace. They argued that the government was using the announcement for political gain.

Yet even as some Chileans prefer to not talk about it, and others deny it, the unresolved issue of the disappeared is a wound that continues to fester in the South American nation.

And against this backdrop, some survivors of the Chilean military regime are trying to lay their ghosts to rest by facing truths that were long kept hidden

Cristian Martinez is among those working to uncover and grapple with what happened.

Cristian was 19 months old when his father, Augustin Alamiro Martinez, disappeared. Both of his parents belonged to the Revolutionary Left Movement, or MIR, a clandestine left-wing organisation whose members were hunted down by Pinochet’s secret police.

On January 1, 1975, Agustin Alamiro Martinez took Cristian with him to meet a “comrade” on a designated street corner in Santiago. When they arrived, Martinez was grabbed by intelligence agents and thrown into a van with his son.

After convincing the agents to drop the toddler off at a relative’s house nearby, Martinez was taken to Villa Grimaldi, a secret interrogation and torture centre in the capital

It was there that he discovered that his “comrade” had been detained a day earlier with his seven-month-pregnant wife and that he had betrayed Martinez under torture. The friend survived, but Martinez was never seen again.

“My mother looked for him everywhere, but it was no use,” Cristian told Al Jazeera in a recent interview.

As Cristian grew up, his father was never discussed. There were no photographs of him in the family’s home. “Even after my mother was forced to go into exile with me and my brother to France in 1988, the veil of secrecy remained in place,” he recalls.

It was only when Martinez returned to Chile alone at the age of 21 that he discovered that the father of childhood friends he had while in France – the children of another exiled Chilean couple – was the “comrade” who had betrayed his father.

“They had been my neighbours. I was in shock. I asked myself a thousand questions. ‘Had my friends known? Why didn’t my mother ever say anything?’”

Two years ago, Cristian finally met the man responsible for his father’s arrest and discovered that he, too, has been suffering in silence since the day he cracked under torture. “Guilt makes you try to forget. You can’t speak, you can’t mention the subject,” Cristian says.

His friends’ family would never discuss the dictatorship or what had happened to them. “The subject was off limits,” he says. “My father was 26 when he disappeared. Today I’m 48, and I have two daughters. I have the emotional tools to be able to sit in front of the man who betrayed my father and understand.

Cristian’s search for answers – and the shame, pain and guilt both families have felt for decades – is part of a documentary called, The Army of Bears, that he has started working on. The film is also an attempt to reconnect with the father he never really knew, he says.

“My father was like a phantom to me. What did he look like? Why can’t I remember him? A photo album that an aunt had stashed away and decided to give me has helped find some of the answers,” Cristian told Al Jazeera.

“Now I also understand a little better that for my mother and other relatives, the pain of my father’s disappearance was so deep that they never found the emotional mechanisms to face it. They simply couldn’t speak"

 

Sudanese activists hope the International Criminal Court (ICC) will provide justice for the victims of crimes committed in Darfur two decades ago, even as fresh abuses are reported in a new war that has enveloped large parts of Sudan.

Many blamed a climate of impunity for emboldening old and new perpetrators to commit grave crimes, amid the nationwide conflict between the Sudanese army and the paramilitary Rapid Support Forces (RSF)

Rights groups and the United Nations have accused the RSF of committing summary executions, burying victims in mass graves and using rape as a weapon of war. The United States responded to these reports by sanctioning two senior RSF commanders on September 6

“The crimes committed under [former President] Omar al-Bashir in 2003 are the reason for the crimes being committed today. He’s the one that gave legitimacy and power to the Arab militias [that later become the RSF],” said Selma Ahmed,* a human rights lawyer from West Darfur who fled to Egypt in May.

Despite the new cycle of violence, some form of justice for thousands of victims may finally be within reach. The ICC’s Chief Prosecutor Karim Khan said in August that the case against former Sudanese Arab militia leader Ali Muhammad Ali Abd-al-Rahman – better known as Ali Kushayb – should conclude early next year.

Al-Bashir and three other suspects are not in the custody of the ICC, yet a conviction against Kushayb could establish a precedent of accountability amid efforts to gather evidence for fresh investigations, experts and activists told Al Jazeera.

“Kushayb is the biggest perpetrator who is responsible for killing probably the most people [in 2003],” said Mohamad Sharif, a human rights lawyer who fled West Darfur to Chad in June

Kushayb faces 31 counts of war crimes and crimes against humanity for acts that he allegedly committed between 2003 and 2004.

At the time, he was commanding one of the Arab tribal militias that the government outsourced to crush an insurgency by mostly non-Arab armed groups who were rebelling against Darfur’s political and economic marginalisation.

Many of those Arab militias, known as the Janjaweed, were later repackaged into the RSF in 2013

The indictments against Kushayb are supported by 56 witnesses who appeared before the court when Khan presented his case in April.

Despite the mounting evidence, Emma DiNapoli, a human rights lawyer who focuses on Sudan, suspects that Kushayb’s lawyers will argue that he did not receive training in international human rights law and that he did not commit crimes that violate Sudanese law.

“Those would be bad arguments [if they make them] because crimes like genocide, war crimes and crimes against humanity are all customary law,” DiNapoli told Al Jazeera.

Meanwhile, human rights monitors in Darfur are gathering evidence of new crimes committed since the outbreak of the war on April 15. In July, activists told Al Jazeera that they welcomed Khan’s announcement that he was launching a new probe.

But Somaya Amin*, an activist who fled Darfur to Uganda in May, said that the court must assume a more active role in helping monitors document evidence.

“We need help with classification and documentation. We need help from the court in order to build cases against criminals [from the RSF and the army],” she told Al Jazeera over the phone.

“We are asking the court to listen to the voices affected by this war and to especially investigate reports of sexual violence,” she added

Some activists fear that any sentence against Kushayb or new indictments issued by the ICC could put more people at risk.

Ahmed, the lawyer now in Egypt, told Al Jazeera that there is a precedent of human rights monitors and witnesses of atrocities being threatened and killed.

She referenced an attack on a camp housing non-Arab, internally displaced people in January 2021 in West Darfur, where Arab militias and RSF fighters killed more than 160 people, according to Amnesty International.

Human rights lawyers from West Darfur said that about 20 of the victims were killed for opening up police reports against Arab fighters and RSF commanders who attacked the same camp a year earlier.

“The attackers came to kill the witnesses in their homes after threatening them [for weeks] over the phone,” she told Al Jazeera. “The others that didn’t die in the attack refused to open new cases against the perpetrators.”

The RSF and allied Arab militias are accused of having settled more scores during the war. In May, they killed attorney Khamis Arbab, according to activist groups and people close to him, for his role in building cases against RSF fighters for involvement in attacks on displacement camps.

Sharif, who was his friend and colleague on the case, warned that activists should think twice before helping the ICC gather incriminating evidence. He worries that the court won’t be able to protect communities from reprisal.

“I’m scared of anyone submitting documents or evidence to the court or cooperating with the court,” he told Al Jazeera from a refugee camp in Chad.

“I’m scared that we’ll all get killed due to the procedures of the ICC.”

The ICC is tasked with pursuing justice for the gravest crimes in the world and should not be expected to deter abuses, said Mohamad Osman, Sudan researcher for Human Rights Watch.

He said that the task of protecting civilians was the mandate of the joint United Nations and African Union peacekeeping mission (UNAMID). However, the UN Security Council terminated UNAMID’s mandate at the start of 2020, despite mounting violence in Darfur.

“The failure to protect civilians is more due to the lack of peacekeepers than the ICC,” Osman said.

DiNapoli added that the court can at least protect witnesses who testify by using voice or face distortion and pseudonyms. As a last resort, the court could also relocate witnesses and their families if they are believed to be in grave danger.

However, the ICC cannot protect entire communities or activists and has no power to provide security for anyone not involved in a case.

“We’re coming up against the limits of what the ICC’s protection mandate can do,” DiNapoli said.

Despite the danger, Ahmed believes that many human rights monitors will help the court since they realise that violence will not stop until perpetrators fear repercussions.

That’s why she and many others hope Kushayb gets convicted.

“If the ICC sentences Kushayb, then his victims will finally get their right to justice,” she told Al Jazeera.

“His victims will rejoice.”