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Puerto Vallarta News NetworkNews from Around the Americas | December 2005 

Chile Court Won't Drop Pinochet Charges
email this pageprint this pageemail usAssociated Press


Ex-dictator Augusto Pinochet is seen in Santiago in a March 10, 1998 file photo. A Chilean court stripped Pinochet of immunity from prosecution on Wednesday so that he can face new human rights charges in 29 cases of people who disappeared during his 17-year rule and are presumed dead. (Rickey Rogers/Reuters)
Santiago, Chile - Chile's top court on Monday refused to drop charges against Gen. Augusto Pinochet for the disappearance of six dissidents during his military regime, and ruled that the former dictator must remain under house arrest.

A panel of the court voted 3-2 to reject the appeal filed by the defense lawyers for the 90-year-old former ruler, said one of the judges, Alberto Chaigneau.

It was a new setback for Pinochet in his long fight in the courts against human rights and corruption charges.

He has been under house arrest since Nov. 24, when Judge Victor Montiglio indicted him for the six disappearances. Monday's decision by the Supreme Court means that Pinochet will almost certainly have to spend New Year under arrest at his suburban Santiago mansion.

The six dissidents were part of 119 who were either killed and went missing in 1975, two years after Pinochet seized power in a bloody coup, a case known as Operation Colombo.

Pinochet faces charges for nine of the victims in two separate criminal suits filed by relatives. An appeal is still pending for the other three and a ruling is expected to be announced as early as Tuesday.

Pinochet's regime had claimed they had all been killed in clashes between rival opposition groups.

Pinochet has faced hundreds of criminal suits stemming from the human rights abuses during his 1973-990 regime, and although he has been indicted in four cases, the charges have been eventually been dropped by the courts on health grounds. He has been diagnoses a mild dementia, has sustained several strokes, suffers from diabetes and arthritis and has a pacemaker.

He's currently also under indictment on tax evasion charges related to secret bank accounts he owns abroad, estimated by a judicial investigation at $28 million.
Timeline: The Pinochet Case
BBC News

Below is a guide to the key developments in the legal battle to prosecute Chile's Gen Augusto Pinochet for human rights abuses during his 1973-1990 military rule and for tax evasion.

November 2005

(24 November)
Just hours after being released on bail in another case, Gen Augusto is charged and placed under house arrest over the disappearance of dissidents in 1975.

(23 November)
Gen Pinochet is placed under house arrest and charged with tax evasion over alleged secret bank accounts held abroad.

July 2005

(6 July)
Court strips Gen Augusto Pinochet of his immunity from prosecution over his involvement in the abduction and killing of political prisoners in what was known as Operation Colombo.

June 2005

(7 June)
Gen Pinochet may stand trial for tax evasion but not for human rights abuses, a Chilean court rules.

May 2005

(20 May)
Gen Pinochet suffers another mild stroke, say aides.

March 2005

(24 March)
The Supreme Court rules Gen Pinochet cannot be tried over the 1974 assassination of his predecessor as Chile's army chief, Gen Carlos Prats, in a reversal of a December 2004 ruling.

(16 March)
A US Senate investigation finds Gen Pinochet hid more than $13m in dozens of secret bank accounts, sparking anger among his opponents at home and discomfiting even supporters.

January 2005

(14 January)
Augusto Pinochet is freed from house arrest after his friends rallied to pay the $3,500 bail.

(4 January)
Chile's Supreme Court rules Augusto Pinochet is fit to stand trial on murder and kidnapping charges.

December 2004

(13 December)
Augusto Pinochet is placed under house arrest on human rights charges.

(2 December)
A Chilean court strips Augusto Pinochet of his immunity over the murder of his predecessor as army chief.

November 2004

(25 November)
Augusto Pinochet marks his 89th birthday amid news that a judge has frozen more of his assets.

(10 November)
The first ever major report on torture and detention, based on interviews with 35,000 former prisoners, is presented to the Chilean president.

September 2004

(25 September)
Judge Juan Guzman questions Augusto Pinochet over the killings of political dissidents by Latin American governments in the 1970s and 1980s.

August 2004

(26 August)
Chile's Supreme Court confirms a ruling stripping Augusto Pinochet of his immunity from prosecution.

May 2004

(28 May)
A Chilean court strips former military leader Augusto Pinochet of his immunity from prosecution, in a ruling on the 1970s and 1980s crackdown by Latin American military governments on dissidents.

July 2002

(1 July 2002)
Chile's Supreme Court upholds the ruling that found him mentally unfit to stand trial for human rights crimes during his 17-year rule.

July 2001

(9 July)
A Chilean court suspends charges against General Pinochet, ruling that he is unfit to stand trial, and legal experts say he is unlikely to stand trial on any of the charges he faces in Chile.

March 2001

(8 March)
The Santiago Court of Appeals rules that General Pinochet should stand trial, but only on charges of covering up murder and kidnappings, not of planning the crimes.

February 2001

(13 February)
General Pinochet appeals to the Santiago Court of Appeals to overturn his house arrest and stop legal proceedings against him. His lawyers argue that he is too ill to stand trial and that evidence against him does not prove his guilt.

(8 February)
A Chilean newspaper publishes what it claims are documents that show General Pinochet was aware of human rights abuses under his regime. Chilean authorities say they will investigate the authenticity of the documents.

January 2001

(30 January)
Judge Juan Guzman reissues an order for the arrest of General Pinochet, who is placed under house arrest.

(16 January)
Judge Guzman questions General Pinochet for two hours. The interrogation centres on the former military ruler's involvement with the Caravan of Death.

(16 January)
Doctors examine General Pinochet at his home to determine if he is mentally fit to stand trial and conclude that he is mentally capable of undergoing interrogation.

December 2000

(6 December)
The Chilean army plans to convene the National Security Council - which gives them a political say during moments of national crisis - to discuss a judge's order for the arrest of former military leader General Pinochet.

(1 December)
A judge in Chile formally charges General Pinochet with kidnapping during his 1973-1990 dictatorship.

November 2000

(2 November)
A court orders that General Pinochet should undergo psychological and neurological tests before appearing in court.

August 2000

9 August)
Chile's President Ricardo Lagos urges the country to respect the decision of the Supreme Court to end General Pinochet's immunity from prosecution.

(2 August)
Supreme Court strips General Pinochet of his immunity from prosecution.

July 2000

(25 July)
Chile's Supreme Court begins its deliberations on whether General Pinochet should stand trial for alleged human rights abuses.

(21 July)
Human rights lawyers urge Chile's Supreme Court to strip General Pinochet of his immunity from prosecution.

(20 July)
Lawyers for General Pinochet argue that he was not legally responsible for the actions of an army squad after the coup that brought him to power.

April - June 2000

(30 June)
Human rights activists say the release of US papers on the coup in Chile offer a new lead into the killing of American journalist Charles Horman.

(27 June)
A former army officer in Chile admits that he saw prisoners taken off for execution at a stadium during General Pinochet's rule.

(20 June)
Chile and Spain hold talks aimed at restoring ties damaged by the arrest of General Pinochet.

(9 June)
Pinochet lawyers appeal against a court ruling that strips the former military ruler of his immunity from prosecution.

(6 June)
A Chilean court strips Pinochet of immunity from prosecution as a senator-for-life - a position he created for himself when he stood down in 1990.

(28 April)
Lawyers who want General Pinochet to be prosecuted put the case against him in court.

January - March 2000

(25 March)
The Chilean Congress approves a measure designed to encourage General Pinochet to leave active politics.

(11 March)
Socialist Ricardo Lagos, who won January's election, succeeds Christian Democrat Eduardo Frei and becomes the third democratically-elected president since General Pinochet stepped down in 1990.

(9 March)
General Pinochet is awarded a symbolic Oscar by protesters who say he feigned sickness to avoid trial.

(8 March)
State prosecutors join human rights lawyers in bringing legal action against the former Chilean military leader.

(7 March)
General Pinochet is awarded legal costs of up to $800,000, to be paid for by the UK taxpayer.

(7 March)
A Chilean judge begins moves to strip General Pinochet of his parliamentary immunity.

(5 March)
Chile's Foreign Minister, Juan Gabriel Valdes says "General Augusto Pinochet must either be prepared to face trial in Chile or else be declared insane."

(3 March)
Chile's military leaders welcome General Pinochet in Santiago, a day after he was freed from 17-month house arrest in the UK.

(02 March)
UK Home Secretary Jack Straw decides General Pinochet will not be extradited on torture charges and is free to leave Britain.

(22 February)
France, Switzerland, Belgium and Spain lodge last-minute challenges to the medical report which declares the general unfit to stand trial.

(16 February)
Spanish newspapers report what they say are details from the confidential medical report on General Pinochet.

(8 February)
Opponents of General Pinochet gain ground in their legal battle to ensure he stands trial.

(25 January)
Belgium announces is to go to the International Court of Justice to challenge Mr Straw's decision on General Pinochet.

(21 January)
The home secretary faces mounting criticism for keeping secret General Pinochet's medical reports.

(12 January)
Following results of the medical tests, Home Secretary Straw says he is "minded" to release General Pinochet.

(5 January)
A team of medical experts carry out tests on the general at a hospital in north London.

October - December 1999

(5 November)
The Home Office asks General Pinochet to undergo medical tests after his third stroke raises concerns he is unfit for extradition.

(8 October)
A UK court rules that General Pinochet can be extradited to Spain to stand trial for torture and human rights charges.

(6 October)
General Pinochet is excused from appearing at a London hearing in his fight against extradition after a court hears he has recently suffered two minor strokes.

April - September 1999

(28 September)
Chile says it will bring Spain before the United Nations' top court to contest their request for the extradition of General Pinochet from the UK.

(15 September)
A judge in Chile orders the intelligence service chief during the rule of General Pinochet to stand trial for murder.

(18 July)
General Pinochet says he regards himself as a political prisoner in Britain and strongly denies any direct role in human rights abuses.

(15 April)
Home Secretary Straw rules that General Pinochet cannot go free, and allows Spain permission to go ahead with an extradition request.

January - March 1999

(24 March)
Mr Straw considers the latest legal complexities entangling Spanish attempts to extradite General Pinochet from Britain to face torture charges.

(24 March)
Opponents and supporters of General Pinochet cautiously welcome the Law Lords' ruling.

(24 March)
General Pinochet loses his appeal for immunity from prosecution in a historic second ruling by the UK's highest court, but the Law Lords reduce the number of charges against him, and ask Home Secretary Straw to reconsider the case.

(24 March)
General Pinochet waits to learn if the UK's highest court is to grant him immunity from prosecution.

(18 January)
Lawyers for General Pinochet make an unprecedented second appearance before the UK's highest court in a renewed attempt to block his extradition to Spain.

(27 January)
General Pinochet's defence team argue that he cannot be accused of crimes against humanity because the human rights abuses that allegedly occurred during his regime did not happen in a time of war - and that the notion of crimes against humanity implies wartime activity.

(17 January)
General Pinochet reportedly tells his family he is resigned to dying in the UK if necessary.

October 1998 - December 1998

(17 December)
The UK Law Lords rule that General Pinochet can have a fresh hearing into whether he is immune from prosecution, setting aside an earlier Law Lords ruling.

(14 December)
Lawyers acting for General Pinochet announce plans to challenge the UK home secretary's decision authorising the extradition process.

(12 December)
A letter is released from General Pinochet to the Chilean people which he describes as his "political testament".

(12 December)
The Chilean Government announces a series of measures taken following the UK's decision not to send General Pinochet back to Chile.

(11 December)
General Pinochet makes a brief appearance in court, during which he insists that no court other than a Chilean one has the right to try him.

(9 December)
Mr Straw rejects appeals by General Pinochet's lawyers and allows the extradition case to go ahead.

(25 November)
The Law Lords rule that General Pinochet can face an attempt to extradite him to Spain, dismissing an earlier ruling by the High Court that as a former head of state he is immune from prosecution.

(8 November)
In his first public statement since his arrest, General Pinochet vows to fight extradition attempts "with all my spirit".

(30 October)
General Pinochet is bailed at London's High Court while the House of Lords decides if he has immunity from prosecution.

(28 October)
General Pinochet succeeds in a legal challenge against his arrest and detention in the UK at the High Court in London, arguing that his arrest was unlawful.

(18 October)
In Chile, news of the arrest is greeted with disbelief, and a mixture of anger and delight.

(17 October)
General Pinochet is arrested in London on a warrant from Spain requesting his extradition on murder charges.



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