Pinochet sripped of immunity

Chile’s Supreme Court has stripped former dictator Augusto Pinochet of his immunity from prosecution, reviving the hopes of his foes who want him to stand trial for atrocities under his 1973-1990 regime.

Yesterday’s 9-8 vote by the court opened a new legal front against the 88-year-old general, who is also facing increased scrutiny after recent revelations that he holds multi-million dollar accounts in the United States.

The decision upholds a May 28 ruling by the Santiago Appeals Court to lift Pinochet’s immunity in a human rights case involving “Operation Condor” – a crackdown on opponents by military dictatorships that ruled several South American nations in the 1970s and 80s.

Although Pinochet has never been indicted in connection with Operation Condor, government spokesman Francisco Vidal signalled the ruling cleared the way for a possible investigation. At least 19 Chileans died during the mid-1970s as part of the plan, lawyers say.

The ruling was the latest of dozens of human rights abuses cases working their way through the courts accusing Pinochet of using his secret police and military to kidnap, torture and kill left-wing opponents.

It is the second time in recent years the Supreme Court has stripped Pinochet of his immunity. But his legal team has repeatedly argued that he is physically and mentally unfit to stand trial. Supreme Court spokesman Juan Cristobal Mera did not immediately release details of the court’s opinion.

Lawyers had presented new evidence suggesting Pinochet was fit to stand trial. The evidence included a 2003 televised interview in which he appeared lucid, holding a cane and calmly answered questions about his regime.

He told the interviewer from a Miami-based Spanish language television station he was not repentant for his rule, calling himself a “good angel” and blaming subordinates for any excesses of his iron-fisted rule.

Pinochet was president from 1973 to 1990. He took power in a bloody September 1973 coup that toppled elected left-wing president Salvador Allende. Family and followers of Allende said he committed suicide in his presidential palace in flames, after it had come under bombardment.

A report by the civilian government that succeeded Pinochet said 3,197 people died or disappeared during his 17-year regime.

Pinochet spokesman, retired general Guillermo Garin, expressed surprise at the ruling.

“This does come as bit of a surprise since the health of the ex-president has not changed at all,” he said, adding that the general’s health problems “are progressing and irreversible”.

A 2002 report by court-appointed doctors stated that Pinochet has a mild case of dementia. He uses a pacemaker, suffers from diabetes and arthritis, and has had at least three mild strokes since 1998.

His health problems have helped him avoid prosecution both in Chile and in Europe.

Arrested in London in 1998, Pinochet was held there for 16 months while courts decided whether he could be extradited to Spain to face rights charges. Britain eventually allowed him to return to Chile, ruling he was unfit to stand trial.

While his lawyers have worked to fend off legal challenges at home, public opinion has shifted in Chile in recent weeks after a US investigation identified accounts said to be in his name at the Washington-based Riggs Bank with deposits ranging from $4m-$8m (€3.3m-€6.6m).

The accounts have raised suspicions of embezzlement and Pinochet earlier this month answered questions during an appearance before a judge investigating the source of the money.

About 100 Pinochet opponents cheered the court’s decision, which now leaves an investigating judge to decide whether he wants to submit Pinochet to new medical tests or launch a new investigation.

While a protracted legal battle is expected, human rights lawyer Eduardo Contreras lauded the decision as giving a new push to prosecuting Chile’s once all-powerful dictator.

“This shows there are no untouchables,” he added.

Lorena Pizarro, who heads an association for relatives of victims of Pinochet’s dictatorship, said prosecutors must move quickly.

“Pinochet has to be tried,” she said. “He must pay for all the crimes for which he is responsible.”