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Last Updated: Thursday, 16 December 2004, 14:45 GMT
Should Gen Pinochet be tried?
Former dictator Gen. Augusto Pinochet

A Chilean judge has ordered former dictator Augusto Pinochet to stand trial on murder and kidnap charges.

Until now the former military ruler's claimed ill health has kept him out of the courtroom, but Judge Juan Guzman said a recent TV interview showed the 89 year-old was mentally fit to stand trial.

Gen Pinochet's lawyers say he is being persecuted. They have already won an appeal to suspend his house arrest and are now appealing against the substance of the ruling.

The former dictator ruled Chile from 1973 to 1990 during which time - according to an official count - some 3,000 political opponents were killed by the regime.

Is the judge right to allow Gen Pinochet to be tried? Or is he too old? Should Gen Pinochet have legal immunity?

This debate is now closed. Read a selection of your comments below.


The following comments reflect the balance of opinion received:

From BBCMundo.com: Other countries should follow the example and bring to justice military and civilian regimes.
Nilo Mejía, Talca, Chile

From BBCMundo.com: The victory that Pinochet got against communism is an irreversible fact. Thanks to that we have progress and freedom.
Sergio Pierry Padilla, Concepcion, Chile

From BBCMundo.com: If he is found guilty, then there is no place for symbolic sentences or pardons by decree.
Rafael Bello D, Santiago, Chile

From BBCMundo.com: It is a good example because all dictators should pay for their crimes.
Alejandro Alvarez Hevia, Vina del mar, Chile

From BBCMundo.com: I'm not interested in the past. I look to the future. The past only brings hate among us.
Rodrigo, Santiago, Chile

Let Chileans decide themselves.
Harvey Clark, Gatineau, Quebec, Canada
My father-in-law is Chilean. When I asked his opinion of Pinochet, he was in favor of the reforms that eventually brought Chile the improvements and democracy it now has. I know others who blame the U.S. for its interference. There are many people to be blamed for a lot of tragic events in Chile's history. I think it is best to let Chileans decide themselves the retributions of a difficult past, and stop all the outside interference.
Harvey Clark, Gatineau, Quebec, Canada

To those who say that Pinochet should not be tried because whatever he did was to protect his country against communism, just consider this: Hitler and Mussolini "fought communists" too. Were they alive today, should they avoid trial and have their actions excused just because of this?
Fabio, London, UK

Of course he should be tried. His age would and should only make a difference as far as the punishment goes, if he is found guilty - he could always just be out under house arrest. Many people claim that he rescued the country from communist repression. Hindsight is always perfect, but the message that the ends do not always justify the means is an important one - I wonder how many of those people advocating this would have a similar opinion if some dictator in their country was responsible for a regime that killed thousands.
Rustam Roy, London, UK

Yes, of course Pinochet should be put on trial. It would've happened much sooner, had Thatcher not jumped to his assistance, and then, shamefully, Jack Straw let the blighter go! If Pinochet isn't put on trial, the message given is that leaders who commit such hideous crimes are above the law forever, unless someone treats them as they treated others, with a bullet in the back of the head. Surely, rule of law is better?
Marcus, Portsmouth, UK

Yes. Reap the whirlwind Mr Pinochet.
Ellie, UK Birmingham

I agree most definitely with Judge Guzman's decision to detain Pinochet and bring him to trial. Pinochet always said that not a single sheet of paper could be moved in Chile without his approval. So, he should stand trial to account for murders, forced kidnappings and tortures during his years of power.
Marie La Palme Reyes, Verdun, Quebec, Canada

Salvador Allende was the democratically elected president of Chile. Pinochet didn't "save" Chile from Marxism or Communism, he over threw the legitimate government and installed himself as the dictator of a brutal regime. Thousands upon thousands of people were murdered by this animal and their blood is on not only his hands, but the hands of his supporters, including the British and US Governments, who gave his regime legitimacy.
Michael Scanlan, Edinburgh, Scotland

We must all be held accountable for our actions
Taro Taylor, London, UK
We must all be held accountable for our actions. He may be old and frail now but he made decisions in his life that affected many thousands. Every action has an opposite reaction, so General Pinochet, take the stand!! The judging must begin.
Taro Taylor, London, UK

Pinochet should be set free. Being too old is irrelevant. He kept the communists out of Latin America during a sensitive historical moment. Punishing this honourable man, despite the fact that blood is on his hands, is a ridiculous idea and probably one supported by the disgruntled left.
Billy Joe, Miami, FL, USA

Of course he should be tried, along with his co-conspirators.
Courage Iwuoha, Edo State, Nigeria

He's 89 years old. He may not even live through the trial. It seems a ridiculous waste of money and time to have him stand trial. After all, it is still debatable as to whether he is a hero or a villain. Some would argue that he saved Chile from communism while others mourn the loss of loved ones under his regime. Who's right? Only time will tell.
L, UK

Give him the trial he denied others.
Nestor, Luton, UK

The man is too old
Julius Janan Ogwal Oyulo, Entebbe, Uganda
Forgiveness is the cure of all ills. So, let Chileans forget the past and forge ahead. After all the man is too old.
Julius Janan Ogwal Oyulo, Entebbe, Uganda

Unfortunately those who should have the final word, his victims, are not with us to answer that question. We must therefore assume their role. No doubt many will fight against a trial.
Joe Ryan, Chartres, France

Pinochet was protecting his country from the threat of communist repression. Chile is the Latin American success story. And this success is very much attributable to Pinochet's vision.
Homer, Navarre, USA

Homer, Navarre, USA might think Pinochet's anti-Communist stance is the more important issue here but thankfully, most decent people will, I'm sure, take a different view.
Robert Crosby, Nottingham, UK

Yes, he should be prosecuted. Heads of State should only be above the law as long as they respect it and uphold it. Pinochet did not do so.
Graham Rodhouse, Helmond, The Netherlands

Try the man for his crimes? If you call the following crimes: defeating the communist menace in Chile and bringing the economy back from the abyss. This man should have statues and streets named in his honour.
Sam, Ferndale, Michigan USA

Guilty or not, patriot or tyrant he should stand in a court of law. It sends the message that NO-ONE can act with impunity.
Kevin Moore, Coventry, UK

Even asking the question suggests there is more than one answer. Clearly he should answer the charges against him and stand trial, the real question is which of his British and American backers should also be on trial as accomplices to what happened in Chile?
David French, Skibbereen, Ireland

Even at his age his human rights abuses should not go unpunished
Dave, Glasgow, Scotland

Even at his age his human rights abuses should not go unpunished. A trial should be held. It is high time that the world took a strong stance against human rights abuses. The message should be: 'If you murder, kidnap, or terrorise on a mass scale do not expect to be treated like a normal criminal'. As for his age...this, I believe, is irrelevant because he has committed a serious crime and by growing old his crimes don't just simply disappear.
Dave, Glasgow, Scotland

It's about time. This is a huge step forwards for Chile, democracy and international law.
Simon Lucas, Warwick

Not prosecuting Pinochet would send a clear signal to prospective tyrants that it is perfectly permissible to murder and torture without fear of judicial retribution.
Richard Groves, Tuxford UK

The actions of Pinochet and his regime should not go unpunished. Latin American dictators too often go unpunished for their crimes, thanks to the nebulous web of corruption and opacity in dictatorial governments. Pinochet should be tried as a means to demonstrate that human rights abuses will not be tolerated.
Ky Jurgensen, San Marcos, TX, USA

Yes, Yes! A thousand times yes. He may be an old man, but he must be held responsible for the crimes he committed and were done in his name. Tyrants must know, sometime, somewhere they will be held accountable.
Lindsay Gough, Lyttelton, New Zealand

This man should already be serving his sentence
Gary Chiles, Wellington, New Zealand

This man should already be serving his sentence. Even if he drops dead tomorrow he should still be tried posthumously. He should have been on trial the same day he stepped down from power. Why is this mass murderer being treated differently to any other mass murderer?
Gary Chiles, Wellington, New Zealand

No. Let bygones be bygones. I hold no brief for Pinochet's conduct, and I am sure his regime had many unpleasant features, but at least Chile has been able to evolve into a free, democratic and relatively prosperous country. I am not sure that this would have happened if the Marxists whom he opposed had been able to stay in power. Their human rights record would have been at least as bad.
Patrick, London, UK

Pinochet should not be tried; not because of his age but because he is responsible for saving Chile from communism and making it one of the most stable and prosperous countries in Latin America. If this is how patriots are to be treated, what will be anyone's incentive to stand up for their country's welfare in the future?
Harry, UK

You should never be above prosecution for crimes like these. What has his age and health got to do with it? His regime was responsible for multiple deaths and torture. He was the leader - the buck stops with him.
Jeremy Marchant Forde, West Lafayette, Indiana, USA




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