[News] Pinochet is stripped of immunity by court
News at freedomarchives.org
News at freedomarchives.org
Fri Aug 27 11:03:20 EDT 2004
Pinochet is stripped of immunity by court
http://news.independent.co.uk/low_res/story.jsp?story=555505&host=3&dir=70
By Andrew Buncombe
27 August 2004
The Supreme Court of Chile yesterday stripped Augusto Pinochet, the
country's former military dictator, of his immunity from prosecution -
opening the way for him to be charged with human rights abuses and the
alleged death and disappearance of more than 3,000 people.
The court in Santiago, the capital, voted 9-8 to lift the immunity
protecting the former president, overruling its own previous decisions that
the 88-year-old was too physically and mentally ill to face prosecution.
Two years ago, court-appointed doctors determined that General Pinochet had
a mild case of dementia, used a pacemaker and suffered from diabetes and
arthritis. He has had at least three mild strokes since 1998.
Human rights activists yesterday applauded the ruling.
Neil Durkin of Amnesty International said: "We absolutely welcome this
decision. It is long overdue as far as we are concerned. This is the first
real opportunity to ensure that those who commit human rights abuses are
[brought] to justice."
Gen Pinochet ruled Chile from 1973 to 1990, having seized power in a coup,
supported by the CIA, in which he overthrew Salvador Allende, who had been
democratically elected. In the years of suppression that followed and
during which time was he supported by the governments of the US and
Britain, Gen Pinochet's regime was responsible for the deaths of more than
3,000 people, according to the civilian government which followed him.
Yesterday's ruling was in regard to a lawsuit brought on behalf of 19
victims of "Operation Condor", which campaigners say was a brutal plan of
repression against opponents of the dictatorship. A government spokesman
said the ruling cleared the way for an investigation into the general's
role in the suppression.
Francisco Vidal, a cabinet minister, said: "Nobody is above the law."
Lawyers had presented the Supreme Court with new evidence that suggested
Gen Pinochet was capable of being put on trial. Part of this evidence was a
television interview Gen Pinochet gave last year to a Miami-based,
Spanish-language television station, in which he calmly talked about his
rule, described himself as a "good angel" and blamed the abuses of his
regime on others.
Lorena Pizarro, head of group that represents the relatives of victims of
repression under Gen Pinochet's dictatorship, urged prosecutors to move
quickly. "Pinochet has to be tried," she told the Associated Press. "He
must pay for all the crimes for which he is responsible. This has to be the
window of opportunity to bring human rights violators to justice."
The ruling - and the likely legal battle that will follow it - is one of
several legal problems facing the ageing dictator. Earlier this month he
was questioned by a judge about money being held on his behalf by the
Washington-based Riggs Bank. Investigators say he may be implicated in
corruption, money laundering and possibly arms and drug trafficking.
Gen Pinochet has long been running from prosecution. In 2000 he was allowed
to return to Chile from Britain where he had been under house arrest. He
was arrested in London, where he was receiving medical treatment, at the
request of a Spanish judge. During his 16 months in Britain, Gen Pinochet
was visited by former prime minister Lady Thatcher.
Gen Pinochet's spokesman, General Guillermo Garin, said: "This does come as
bit of a surprise since the health of the ex-president has not changed."
The Freedom Archives
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