Friday, November 25, 2005

Pinochet turns 90 Under House Arrest

This Friday, Chile’s former dictator turned 90. A large party with some 300 guests in his posh Santiago home was cancelled because he is spending his 90th birthday under house arrest on two separate criminal cases. Former close advisors traveled to Pinochet’s home in an exclusive Santiago neighborhood at the foothills of the Andes to wish the elderly former dictator a happy birthday. Meanwhile a handful of supporters arrived with a mariachi troupe and a large birthday cake to sing happy birthday.

Pinochet is under arrest on two separate court cases that have gone against him. Last Wednesday a Santiago judge ordered Pinochet’s prosecution in the so-called Riggs Bank case of elicit enrichment. This is the first time in Chile’s history a Head of State is prosecuted for elicit enrichment.

Then 24 hours later another judge ordered Pinochet’s arrest in the so-called Operation Colombo human rights case.

In the Riggs Bank case, prosecuting judge Carlos Cerda ordered Pinochet’s arrest after announcing his prosecution on four counts of tax evasion, falsifying official documents, the use of fake passports and for failing to declare earnings.

Judge Cerda set bail at $12 Million Pesos or nearly US$ 23 Thousand, later cut in half by the Santiago Appeals Court.

This case came to light after a U.S. Senate investigation, last year, found that Pinochet held secret accounts in the Washington based Riggs Bank. It is estimated Pinochet amassed some US$ 27 Million illegally.

Prosecuting attorney Carmen Hertz who has filed charges against Pinochet in several cases said, “Pinochet should have assumed his responsibilities along time ago, not only in this elicit enrichment case, but for his criminal extermination policies.”

“He has never done so, we do not believe that in the last quarter hour of this ex dictator, he would do so, he continues to show that he is simply and sadly a coward.”

Then 24 hours later, judge Carlos Montiglio order Pinochet be arrested in the so-called Operation Colombo human rights case. Judge Montiglio ruled Pinochet be held accountable in the disappearance of 6 political opponents.

Operation Colombo was a 1975 so-called security service maneuver that killed 119 political opponents, but was made to appear as though it was a internal power struggle. The bodies were later disposed in Argentina and Brazil with the help of the dictatorships in those two countries.

Fake news stories were also planted in one time publications in Argentina and Brazil that were later picked up by the heavily censored Chilean press that reported the 119 “killed each other like rats.”

To further complicate Pinochet’s legal situation, judge Alejandro Solis is asking the Santiago Appeals Court to lift Pinochet’s immunity in another case of human rights abuse. This deals with the detention and torture centre known as Villa Grimaldi. Judge Solis told the Appeals Court he wants to try Pinochet as the brains behind the torture of 23 people and disappearance of 36 opponents.

Pinochet, is being tried under the Chile’s old criminal justice system. Under this system a judge investigates and prosecutes the case. When a judge issues an arrest order it means those charged can expect a finding of guilt, pending defense legal briefs to quash the guilty finding.

In the Riggs Bank and Operation Colombo cases, Pinochet can expect a finding of guilt and then the defense will appeal or demand the charges be quashed under the 1978 Pinochet era amnesty law or under health grounds.

In the Riggs Bank case Pinochet is co-accused with his wife, Lucia, his son Marco Antonio, his financial advisor and personal secretary.

Pinochet’s defence thought it had put Pinochet’s prosecution to rest after the Supreme Court ruled in the Operation Condor and Caravan of Death cases that Pinochet was not guilty because of his diminishing mental capacity.

But following that ruling Pinochet last year, gave a lively interview to a Miami TV station, and the U.S. Senate found the illegal bank accounts with Pinochet’s name. Accounts that were accompanied with a paper trail where Pinochet gives direct instructions even at a time it was believed he had a diminished mental capacity.