Chile Strips Pinochet Of Immunity

The Chilean Supreme Court stripped former dictator Gen. Augusto Pinochet of immunity from prosecution Wednesday, allowing a trial against him for his alleged responsibility in the killing and disappearance of 15 dissidents during his 1973-90 regime.

Chief Justice Jose Benquis said the court voted 10-6 to strip the 89-year former ruler of the immunity from prosecution he enjoys as former president, and authorize his trial in the case known as "Operation Colombo."

Pinochet is expected to be charged with the kidnapping and murder of the 15 victims, as expressed in the original request the judge filed in a lower court to strip his immunity.

The cases involved the killing of 119 dissidents, but Pinochet's case would be limited to the 15 victims whose relatives filed a criminal suit against him.

The victims' bodies were found in neighboring Argentina in 1975 and the Pinochet regime at the time said they had died in clashes among rival armed opposition groups. It supported its claim exhibiting reports in two magazines — Lea of Argentina and O Dia of Brazil. But both magazines published only that issue and then disappeared.

Wednesday's ruling, which cannot be appealed, specifically authorized the judge handling the case, Victor Montiglio, to try Pinochet. Montiglio did not immediately announce his plans.

Pinochet was not required to appear in court and remained secluded at his guarded suburban Santiago mansion. His lawyers did not immediately comment.

Layers for the relatives of the victims expressed satisfaction.

"I think the Supreme Court has given some hope to make sure that impunity will not prevail, at least in this case," said lawyer Hernan Quezada.

His colleague, Boris Paredes, said that "this is probably one of the cases in which Pinochet's responsibility is clearer."

Pinochet faces scores of lawsuits stemming from massive human rights abuse during his regime.

He has been stripped of immunity three times in human rights cases. In another case, an appeals court has stripped his immunity to face tax evasion charges related to overseas bank accounts, but the top court has not yet ruled on the case.

Pinochet has so far avoided trial in at least two of the cases for health reasons. He has been diagnosed with a mild case of dementia and his doctors say he has sustained several mild strokes since 1998. In addition, he suffers from diabetes and arthritis and has a pacemaker.

His critics insist he exaggerates his health problems to escape trial.

A report by an independent commission established by the civilian government that succeeded Pinochet in 1990 said 3,197 people died or disappeared during his regime.