BBC News | AMERICAS | Moves to lift Pinochet immunity

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Monday, 6 March, 2000, 20:09 GMT

Moves to lift Pinochet immunity

A Chilean judge has begun moves to strip the country's former military leader, General Augusto Pinochet, of his parliamentary immunity.

Judge Juan Guzman asked the appeals court in Santiago to lift the immunity which the general enjoys as a life-long senator.

Correspondents say the judge's action is the first step towards a possible trial, but the whole process could take many months. Relative of those who died under Pinochet

Relative of those who died under Pinochet

The judge is currently investigating 61 lawsuits brought against General Pinochet for crimes allegedly committed during his 1973-1990 military regime.

Mr Guzman has said he will order new medical tests to be carried out to determine whether the general is fit to stand trial.

Chile's legal process
Appeal Court and Supreme Court decide whether to lift immunity
Supreme Court decides whether military or civilian court should try Pinochet
Medical tests to determine fitness for trial

The BBC's James Reynolds in Santiago says the appeals court must now decide whether it agrees with Judge Guzman. If it does so, many months of legal wrangling are expected to follow.

The 84-year-old retired general has not been seen since late on Friday when he was discharged from a hospital after medical tests following his return from Britain.

He had spent 16 months there fighting extradition to Spain and other European countries where he was wanted on human rights charges.

UK awards costs

On Monday, the High Court in Britain awarded him legal costs estimated at up to Ł500,000.

The money is to pay for work done by his lawyers at earlier hearings and in preparation for a forthcoming legal challenge which has now been abandoned.

I will not forgive Pinochet for what he did
President-elect Ricardo Lagos

The general's return has stirred up strong emotions in a country that is still trying to come to grips with the legacy of the dictatorship.

Chile's president-elect Ricardo Lagos promised in an interview published over the weekend to ensure that Chilean courts are free to investigate General Pinochet.

"Are there conditions to judge him in Chile? ... It's my duty as president to create those conditions," Mr Lagos - a leading dissident during the military era - told the Brazilian weekly Veja.

"Anything else would mean our democracy was a lie."

Polls show most Chileans think that General Pinochet should go on trial in Chile, but not abroad.

But they also believe that a trial at home will never take place, as General Pinochet still has enormous influence as the father-figure of the military.

Related to this story:
Pinochet wins legal costs (06 Mar 00 | UK)
Will Pinochet face justice in Chile? (03 Mar 00 | Americas)
The Pinochet case: 17 months in three minutes (12 Jan 00 | UK)
Pinochet profile: Saviour or tyrant (20 Jan 00 | The Pinochet file)
Pinochet in the Spanish and Chilean media (03 Mar 00 | Media reports)
Thousands march against Pinochet (04 Mar 00 | Americas)

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