Pinochet "Victory" May Hasten Future Trial

by Gustavo Gonzalez

The country's highest court, citing procedural errors, reversed the decision made on Dec. 1 by judge Juan Guzman to order the house arrest and subsequent trial of Pinochet for human rights crimes committed in October 1973 by the so-called "caravan of death."

With a 4-1 vote, the Supreme Court accepted the arguments made in defense of the 85-year-old former dictator and retired general, ruling that Guzman had ordered the arrest without first questioning the accused. The justices gave Guzman 20 days to comply with the interrogation requirement.

The ruling establishes that Guzman must take Pinochet's statement whether or not the former dictator has undergone the medical examinations -- both physical and mental -- that are to determine if he is fit to stand trial.

President Ricardo Lagos stated that the decision is "one more step in the proceedings" and proof that "the judiciary is fully operational," and that his role in this case as president is limited to ensuring that the courts are functioning adequately.

Lagos added that he would keep to his announcement earlier this month that once the ruling on Pinochet's appeal against the arrest was made he would convene the National Security Council (Cosena) so that the commanders of the armed forces can express their points of view on the Pinochet case.

The commanders, Gen. Ricardo Izurieta (army), Adm. Jorge Arancibia (navy), Gen. Patricio Rios (air force), and Gen. Manuel Ugarte (military police), requested the Cosena meeting immediately after Guzman ordered Pinochet's arrest and trial.

Lagos met then with the four military chiefs and convinced them to accept his proposal to postpone the formal Cosena meeting so that it would not be interpreted as interference in or pressure on the judiciary.

The President of the Republic heads Cosena, which includes the military commanders, the presidents of the Senate and the Supreme Court, and the Comptroller General. The eight-member body is a holdover from Pinochet's dictatorship (1973-1990).

But Lagos did not specify the date for convening Cosena. "Currently we are in the holiday period, and at some moment I find opportune, I will call the meeting," said the president, making it known that he would do so after the New Year.

On Dec. 1, judge Guzman ordered Pinochet's arrest and trial for allegedly planning and ordering the 18 kidnappings and 57 homicides committed in 1973 by the "caravan of death" in cities throughout Chile.

The "caravan" -- a military mission that toured Chile's prisons by helicopter shortly after the Sept. 11 coup d'etat -- was led by Gen. Sergio Arellano, under orders from Pinochet to "facilitate" the military trials of leftist political prisoners.

Guzman, who initiated investigations in January 1998 of a criminal complaint in the "caravan" case filed against Pinochet, has currently accumulated nearly 200 human rights charges against the former dictator, who last Aug 8 the Supreme Court stripped of his legislative immunity as senator-for-life.

Pinochet was under house arrest in London for 503 days, from Oct. 16, 1998 to March 2, 2000, until the British Home Secretary, Jack Straw, ordered his release citing health reasons, thus interrupting proceedings to extradite the former dictator to Spain to face trial for crimes against humanity.

During his stay in London, Pinochet received an extensive questionnaire from judge Guzman about the "caravan of death," and gave a terse reply in which he indicated he was not in conditions to answer the questions, though he insisted on his innocence in the crimes being investigated.

The judge had considered that the questionnaire fulfilled the requirement to interrogate the accused, which Chilean law stipulates for all individuals before they may be subjected to criminal proceedings.

The Santiago Appeals Court ruled in favor of Pinochet to the extent that it said the requirement to take his statement had not been met, and proceeded to suspend the former dictator's arrest and trial.

That standard was ratified by the Supreme Court, but with the added factor that the highest tribunal not only expressly ordered Guzman to conduct the interrogation of Pinochet, but also set a peremptory deadline for Jan. 10, 2001.