SANTIAGO, AUG 9: After Supreme Court ruling stripping him of his immunity from prosecution, ex-dictator Augusto Pinochet today prepared for the next step in his battle to avoid being blamed for crimes committed under his watch.
Judge Juan Guzman Tapia, who is handling more than 150 law-suits filed against Pinochet and who spearheaded the drive to lift his immunity, said Pinochet would have to take a court-mandated medical examination to determine if he were fit to stand trial.
Pinochet’s family, who in defending his immunity, sought but failed to have him submitted to medical-tests to prove he was too old to stand trial, now oppose them, saying they would rather have him go to court than lose face.
The reason for their change of heart lies in Chilean law, which excuses trial for those found to be mad or demented – Pinochet could be declared senile, given his advanced age, 84, and several minor strokes he suffered.
When Pinochet’s immunity was under appeal, he could conceivably have been allowed to keep it on humanitarian grounds; a much more attractive reason to his family and friends.
“I honestly hope they will think it over,” Guzman said, referring to Pinochet’s family’s stance, adding that medical-exams were mandatory.
Only the General’s youngest son, Marco Antonio Pinochet-Hiriart, voiced concern that his father was too frail to be put through a grueling trial. “He probably will not live to see the end of it,” he said.