Pinochet charged on tax evasion and,judge who prosecuted the former dictator was told to stop the prosecution

This Wednesday morning the Chilean Supreme Court gave the green light to prosecute former dictator Augusto Pinochet for fiscal crimes. The Supreme Court lifted the former dictator’s immunity in the so-called Riggs Bank case. Pinochet is charged with tax evasion, illicit enrichment and forgery of official documents.

The Supreme Court decision read this morning at Santiago’s Palace of Justice, stems from an investigation by a U.S. Senate commission that found Pinochet held secret multi-million dollar bank accounts in the Washington based Riggs Bank.

The Supreme Court allowed Pinochet’s prosecution, joining the prosecution of his wife Lucia and youngest son Marco Antonio. Also facing prosecution are Pinochet’s personal secretary and his financial advisor.

Marco Antonio Pinochet, argues he is not the only member of the family to use forged documents. The youngest and brightest of the Pinochet clan wants his eldest brother, Augusto, questioned on the use of false travel documents.

The irony is that the judge prosecuting this case, Sergio Muñoz, was bumped to the Supreme Court only yesterday from the Santiago Appeals Court.

Muñoz, a highly respected judge was nominated by President Ricardo Lagos to occupy a vacancy in the country’s highest court.

Plaintiff lawyer Carmen Hertz, wants the judiciary to promptly name a judge to continue the work judge Muñoz began and concludes the case with a ruling against Pinochet.

It is alleged Pinochet held some US$27 million in a series of secret bank accounts. The prosecution argues the funds come from the illegal sale of arms, that included shipments to Croatia during the Balkans war.

Defence attorney Pablo Rodríguez, argued Pinochet can only be charged of “tax evasion between the years of 2000 to 2004,” and that “all other charges have expired because of the 5-year statue of limitations.”

This case against Pinochet joins a number of other cases of human rights violations: the “Caravan of Death,” “Operation Condor,” “Operation Colombo” cases.

In the human rights cases, the judges have yet to render a decision, either of innocence or guilt.

Pinochet is being tried under Chile’s old criminal justice system. An inquisitorial system where the judge also prosecuted an accused. The cases were tried in absolute secrecy and moved at a snails pace, lasting many years before a decision was given.

The Santiago decision found retired judge Juan Guzmán, the judge who prosecuted Pinochet, in Washington where he will be bestowed an award by a public policy institute.

Guzmán is travelling Europe and North America promoting his memoirs, “On the edge of the World: Memoirs of the judge who prosecuted Pinochet.”

The former judge charged today, that the Concertación centre-left government of President Lagos of striking a deal with Pinochet supporters to ensure the former dictator never sees a guilty verdicts.

The judge said in the year 2000, the chief of staff of the then Minister of
Justice José Antonio Gómez, called him to dismiss the case against Pinochet. “This is a matter of State, and is giving us problems” Guzmán recalled the ministry of Justice official said.

Guzmán said the telephone call was the strongest pressure he was subjected to during the time he was in charge of the Pinochet case.

“The official did not act alone, the call came perhaps at the behest of President Lagos,” Guzmán said.