Chilean Judge Seeks To Try Pinochet

A judge asked a Chilean court Monday to strip Gen. Augusto Pinochet of his congressional immunity so the former dictator could stand trial for what has come to be known as "the caravan of death" -- the killing and disappearance of 72 dissidents in the days following his 1973 coup.

The request by Judge Juan Guzman, the first ever filed against Pinochet in Chile, comes just three days after the army gave the retired general a warm welcome upon his return from house arrest in Britain -- and gave rise to concerns the military might bring pressure to bear against any such trial.

"This is the beginning of justice, which we have sought for so long," said lawyer Hugo Gutierrez, who is marshaling several of 61 lawsuits pending here against Pinochet.

"The action by Judge Guzman means that he believes there is enough evidence to have Pinochet tried" in that case, Gutierrez added. "But since he has immunity as a member of the senate, the judge must first seek that immunity lifted."

Guzman has already indicted several other military officers, including two generals, in the same case.

The 22-member Santiago Court of Appeals would be the first to rule on Pinochet's immunity, after which either side can appeal to the Supreme Court. The process may take weeks, even months.

While even relatives and staunch Pinochet supporters admit that he, like any other Chilean, can be required to stand trial, others have expressed concern that the military, which still strongly supports their former leader, may apply pressure to abort any trial.

The military welcome for Pinochet Friday, and an army statement vowing "permanent support and solidarity" for Pinochet, were seen by many as a warning against prosecuting the former commander-in-chief.

President-elect Ricardo Lagos, a socialist who takes office on Saturday, has vowed to resist any attempt by the military to interfere.

Lawyer Fernando Barros, a close associate of the former ruler, warned that trying Pinochet would be tantamount to trying the armed forces for their role in the coup and Pinochet's 1973-1990 military regime.

"Trying Gen. Pinochet will bring instability to the country," said Barros, a spokesman for Pinochet during most of his confinement in London. "The time has come to turn the page on this."

Pinochet, meanwhile, rested at his heavily guarded Santiago residence. He returned Friday from his 16-month detention in Britain, escaping attempts by a Spanish judge who wanted to bring him to trial on charges of torture and torture conspiracy.

The judge's request involves Chile's most prominent human rights case: the so-called "caravan of death" of October 1973, when military officers toured the country, dragging scores of dissidents from jail, executing them or making them disappear.

According to an official report, 19 of the dissidents lost to the "caravan of death" remain unaccountd for while 53 were executed. Gutierrez said the suit was filed against Pinochet because "it is clear that the caravan was sent by him and acted on his direct orders."