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INTERNATIONAL AFFAIRS -
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Chilean Judge Strips Pinochet of Immunity

Posted in the database on Sunday, January 01st, 2006 @ 12:31:34 MST (2475 views)
by Eduardo Gallardo    The Herald News  

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Former dictator Gen. Augusto Pinochet was stripped of his legal immunity Friday to face charges of diverting public funds to personal bank accounts.

Judge Juan Escobar, president of the Santiago Court of Appeals, said his tribunal voted 21-3 to remove the immunity Pinochet enjoys as a former president.

Friday's decision is part of a wider corruption-related legal process in which Pinochet also lost immunity against charges of tax evasion and secret overseas bank accounts totaling as much as $28 million. A person with legal immunity must be stripped of it separately in each case.

The ruling adds to Pinochet's already difficult legal situation. The 90-year-old was indicted and has been under house arrest since Nov. 24 for his alleged responsibility in the killing and disappearance of nine dissidents in the early years of his 1973-90 dictatorship.

In the new case, Judge Carlos Cerda said Pinochet diverted $2 million from the presidential office to personal accounts abroad.

Pinochet's lawyer, Pablo Rodriguez, was expected to appeal Friday's ruling.

The day before, Rodriguez denied the charges of diverting of funds, saying that Pinochet was owed $340,000 for government expenses he had paid for with his personal money.

Cerda cannot bring Pinochet to trial unless the Supreme Court upholds the lower court's ruling. The top court has already blocked efforts to try Pinochet four times, saying his health does not allow him to stand trial. Pinochet suffers from a mild dementia, has had several strokes, suffers from diabetes and arthritis and has a pacemaker.

Rodriguez said he will again cite health reasons in his appeal.

However, a team of court-appointed doctors who examined Pinochet in October said his health problems were not serious enough to prevent his trial.

While Pinochet has for years battled charges stemming from human rights abuses during his long rule, this year was the first time money and corruption charges were brought against him. In addition to tax evasion charges, he is also accused of using false passports to open bank accounts abroad.

Pinochet's wife, Lucia Hiriart, and their younger son, Marco Antonio, are also indicted as accomplices in the tax evasion.



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