Chile's high court throws out bid to end Pinochet immunity

[paineinthearse]

http://story.news.yahoo.com/news?tmpl=story&u=/afp/chilepinochetjustice

Chile's high court throws out bid to end Pinochet immunity

2 hours, 4 minutes ago World - AFP

SANTIAGO (AFP) - Chile's Supreme Court threw out a petition to strip ex-dictator Augusto Pinochet (news - web sites) of his immunity as a former president, derailing his possible trial for the killing in Argentina of Chilean General Carlos Prats.

Prats was assassinated in Argentina along with his wife in 1974, a year after fleeing Chile in the wake of Pinochet's rise to power.

Pinochet, 89, seized power after a 1973 coup which toppled elected Socialist president Salvador Allende, and ruled with an iron fist until 1990.


Chilean former dictator Augusto Pinochet (news - web sites), pictured in 2000. Chile's Supreme Court threw out a petition to strip Pinochet of his immunity as a former president, derailing his possible trial for the killing in Argentina of Chilean General Carlos Prats.(AFP/File/Matais Recart)

[robcon]

1. This is sad, but predictable, IMO.

When Pinochet lost the plebescite, he still had a lot of followers and the army behind him. As a result, the new government made a lot of compromises with Pinochet, incorporating them into the new constitution. I think he is constitionally unable to be prosecuted in Chile because of the immunity he negotiated.

[redqueen]

2. That's utterly ridiculous!

What possible justification could there be for not punhsing criminals? Simply because they were once powerful and have lots of people who still like them?

:grr:

[robcon]

3. It's the Chilean Constitution

It may be 'ridiculous' but that's the deal - immunity - that Pinochet negotiated in the late 80's after he lost the plebescite.

[redqueen]

4. How is it ethical that criminals can negotiate immunity

for crimes such as this? What was given in return, I have to wonder?

I hope it was worth it... for such a person to never have to face any consequences for their actions, it must have been something truly valuable which he was using to bargain with.

[robcon]

6. At the time of the negotiations...

Pinochet had the loyalty of the armed services, and could have made the transition to democracy difficult. He negotiated from strength.

He also negotiated, in the constitution, that he was the sole decision-maker with regard to the defense budget... Parliament had no power to change his budget. It was a tough time for Chile, and they made a bad deal.

[Zhade]

9. Yep...they should have overthrown him and sent him to trial.

No justice, it seems.

[paineinthearse]

7. Consider Ford's pardon of Nixon

Don't let anyone tell you that deal was not worked out before he was selected to be VP!

And by the way, aren't pardons usually given AFTER a person has been tried and convicted?

[Xithras]

8. They avoided civil war

The public didn't want him, but he had the military behind him. He could have easily turned the country into a fascist dictatorship or plunged it into a civil war, but instead negotiated this out. He let the country have it's democracy without a fight, and in exchange was granted immunity from prosecution.

When you weigh it out...granting freedom to one man in exchange for the potentially thousands of lives that could have been lost in war, the deal makes sense.

It sucks to see a man like Pinochet walk, but the alternative would have been far worse.

[daleo]

5. At least it had to go all the way to the Supreme Court.

Supreme Courts seem to side with dictators all to often (the high court in Britain also gave Pinochet a pass). But, the fact it went that high shows that most of society wants Pinochet tried for his crimes.

[Jim Lane]

10. What about other cases?

The linked article says, "Immunity is withdrawn on a case-by-case basis in Chile." It goes on to report that Pinochet still faces at least one other trial.

I'm surprised that immunity would be case-by-case. Does it mean that there's still a chance for successful prosecution in a different case?

[Moderator]

11. kick to combine

[emad]

12. Chilean court blocks Pinochet abuse trial

Scotsman

CHILE’S Supreme Court has refused to strip General Augusto Pinochet of his immunity from prosecution, blocking yet another attempt to try him for the alleged abuse of human rights during his dictatorship.

The court’s 15-4 vote rejected a lower court ruling that would have stripped the 89-year-old former ruler of the legal immunity he enjoys as former president.

The Supreme Court has yet to publish the text of its ruling, which is believed to be based mainly on Pinochet’s deteriorating health.

On December 2, the Santiago Court of Appeals voted 14-9 to strip Pinochet of immunity at the request of Judge Alejandro Solis, who is investigating the September 1974 assassination of General Carlos Prats, Pinochet’s predecessor as army commander.

http://news.scotsman.com/international.cfm?id=318882005

[emad]

13. $19 million stash estimated:

http://www.latinamericapress.org/article.asp?lanCode=1&artCode=4188