SANTIAGO, Chile (AP) -- Chile's Supreme Court stripped Gen. Augusto Pinochet
of immunity from prosecution Thursday, paving the way for possible trial of the
former dictator on charges of human rights abuses.
The court voted 9-8 to lift the immunity the 88-year-old Pinochet enjoys as a
former president, a court spokesman said.
The decision removes a major legal hurdle for prosecutors seeking to bring
Pinochet to justice, adding to his legal woes after Chilean investigators
recently opened a probe into multimillion dollar bank accounts in the United
States.
The ruling came in a lawsuit brought on behalf of victims of "Operation
Condor,'' which they say was a coordinated plan of repression against opponents
by the military dictatorships that ruled South American nation in the 1970s and
'80s.
Although Pinochet has never been indicted in connection with "Operation
Condor,'' government spokesman Francisco Vidal signaled the ruling clears the
way for a possible investigation.
"Nobody is above the law,'' Vidal said. He did not elaborate on what many
observers predict would be a protracted legal battle.
The Supreme Court had ruled in the past that Pinochet is physically and mentally
unfit to stand trial. The Supreme Court spokesman, Juan Cristobal Mera, did not
immediately release details of the court's opinion.
Lawyers had presented new evidence suggesting Pinochet was capable of
withstanding trial. The evidence included a 2003 televised interview in which he
calmly answered questions about his rule.
Pinochet spokesman retired Gen. 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.
In November 2003, Pinochet appeared in an interview with a Miami-based Spanish
language television station, saying he views himself as a "good angel'' and
blaming the abuses of his regime on subordinates.
Pinochet took power in a bloody September 1973 coup that toppled elected leftist
president Salvador Allende. Family and followers of Allende said he committed
suicide in his presidential palace in flames, after it had come under attack.
Pinochet went on to rule until 1990 and a report by the civilian government that
succeeded him said 3,197 people died or disappeared during his 17-year regime.
Lorena Pizarro, who heads an association for relatives of victims of repression
under Pinochet's dictatorship, said prosecutors now had to move quickly to bring
him to trial.
"Pinochet has to be tried!'' she said. "He must pay for all the crimes
for which he is responsible. This has to be the window of opportunity bring
human rights violators to justice.''
A group of about 100 Pinochet opponents cheered when the court's decision was
announced in Santiago, where the protesters had kept up a courthouse vigil
beside police barricades this week.
Other legal problems now confront Pinochet.
He recently came under scrutiny after authorities said a U.S. investigation
raised suspicions he kept accounts at the Washington-based Riggs Bank with
deposits ranging from $4 million to $8 million.
Earlier this month, Pinochet answered questions during an appearance before a
judge investigating the source of the money.