Pinochet Ruled Unfit for Trial

S A N T I A G O, Chile, July 9, 2001 -- Chile's Augusto Pinochet — the archetypal Cold War military dictator — was declared mentally unfit today to stand trial for deathsquad killings shortly after his 1973 coup, likely ending efforts to prosecute him.

The Appeals Court ruled that Pinochet, 85, suffers fromsuch severe dementia that he cannot be prosecuted on charges ofcovering up 75 murders by the "Caravan of Death," an army unitthat toured northern Chile by helicopter, eliminating suspectedleftists.

The decision can be appealed but few in Chile now believePinochet will ever appear in court because of thetime-consuming appeals process, the ex-general's age and thebitterness of his 1973-1990 rule in Chile.

"I think, unfortunately, that this is as far as thePinochet case goes," prosecution lawyer Juan Bustos toldreporters.

Other Cases Expected to Crumble

Legal experts say some 250 other human rights cases againstPinochet are now likely to crumble.

One of the former dictator's sons expressed relief afterthe decision was announced. Pinochet is believed to havediabetes and aides say he has suffered at least two strokes inrecent years.

"I hope with this ruling that our father can have a littlemore peace during what is left of his life," Marco AntonioPinochet told Chilean radio.

Overall, interest in trying Pinochet has dwindled in Chileas the legal wrangles have drawn out.

There was little sign of protest on the streets of Santiagotoday, in contrast to angry demonstrations for and againstPinochet during his detention in London.

Still, human rights campaigners said Chile had failed tolive up to promises made abroad to try Pinochet for thekillings or "disappearances" of more than 3,000 people. Another30,000 were tortured.

Just a Strategy to Avoid Prosecution?

Joan Garces, a Spanish lawyer who represented families ofvictims of Chile's dictatorship, said a medical report showingPinochet suffered from dementia seemed to be part of the sametactic used by his defense team after his 1998 arrest inLondon.

"It looks like a strategy to avoid the case continuingagainst this person," said Garces.

Pinochet was arrested in 1998 in London but freed 16 monthslater when the British government ruled he was too ill to beextradited to Spain on torture charges.

Under Chilean law, defendants may be exempted from trial ifthey are "insane" or "demented" but the concept is based on apenal code written in the 19th century, when mental illness waslittle understood.

Pinochet's lawyers had argued that the law should beinterpreted to include other forms of mental illness.

Despite the protests over the decision, Spanish ForeignMinister Josep Pique called for the court decision to berespected. "What we've got to do now is respect these courts'decisions, obey their verdicts and … not make any morecomments," he told reporters.

Amnesty International expressed "frustration."

Divided Over Pinochet

Despite the failure to put Pinochet in the dock, his arrestwas seen as a turning point in attempts to prosecuteauthoritarian rulers abroad for human rights crimes.

Those efforts bore fruit earlier this month whenYugoslavia's Slobodan Milosevic was brought to The Hague fortrial.

Chileans are still divided over whether Pinochet, who tookpower in a 1973 coup and ruled for 17 years, should be praisedfor saving the nation from communism or condemned for rulingwith an iron fist.

Supporters point to free market reforms carried out byU.S.-trained economists hired by Pinochet. The economicrestructuring initially caused a recession but eventually madethe Andean country an economic model for Latin America.

This meant that Chile avoided the worst of thehyperinflation and debt crises that hit the region during the1980s.

Still, memories of murder and torture have not faded.

"We hope Pinochet lives for many long years so we can notstop reproaching him and telling the world what he did," saidViviana Diaz, head of a group of relatives of people whodisappeared during his rule.