The Chilean Appeals Court dismissed charges of kidnapping and homicide against former dictator General Augusto Pinochet, in a case that is already being appealed to the Supreme Court in Chile.
The order to remove Pinochet from house arrest came yesterday after the court voted in a 3-0 unanimous decision in the 5th Chamber in the Santiago Court of Appeals panel.
Defense attorneys for Pinochet claim that Judge Juan Guzman acted illegally by indicting the former dictator before questioning him, and also for not allowing him to undergo both neurological and mental tests in order to prove that he is fit to stand trial.
The court agreed with this assessment, turning down the plaintiff’s argument that the two written questionnaires filled out by Pinochet while he was under house arrest in London should be considered the mandatory pre-indictment questioning.
“The court has only ruled that the indictment of Pinochet was improper because he was not questioned by a judge before it was issued,” Carmen Hertz an anti-Pinochet lawyer said. “But the ruling does not involve the essence of the case against him.”
Hertz, also the widow of a dissident killed during the rein of Pinochet called the judgment a “mere formality.” Her husband, journalist Carlos Berger, was part of the “Caravan of Death” his body has never been found.
“We will now go to the Supreme Court,” she asserted.
Supporters of the former dictator were pleased by the decision, with a small band of supporters running out of the courthouse cheering and carrying the flag of Chile.
“In a way, the big injustice against Gen. Augusto Pinochet has been corrected,” said retired Col. Alberto Labbe, one of Pinochet’s closest associates. “A light of hope for reconciliation among Chileans has emerged.”
Opponents of Pinochet responded just as strongly citing this incident as a miscarriage of justice.
“This shows that Pinochet continues to hold the power of a dictator and is favored by the courts,” said Viviana Diaz, president of an organization of relatives of dissidents who disappeared after being arrested by Pinochet’s security services said to The New York Times. “Let’s just hope that justice will be made some day,” Diaz added.
Pinochet was accused of crimes against humanity for his involvement in the 1973 military operation called, “Caravan of Death.” He was implicated in a situation that involved the execution of political prisoners. Pinochet is charged with the homicide of 55 prisoners, and the kidnapping of 18 whose bodies still remain missing.
The government refused to comment on the rulings with President Ricardo Lagos commenting before the ruling that he would ensure that the decision was respected. Additional rulings from the Supreme Court could come in as early as Tuesday.
Information for this article was complied from the Associated Press.
