Word: guzman
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Dates: during 2000-2009
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...fact, this ruling was simply a technicality. The court threw out the indictment on the grounds that Judge Juan Guzman had not first interrogated Pinochet before issuing it, as required by Chilean law. The judge had argued that he'd sent Pinochet a questionnaire when the general was being held under house arrest in London, and although Pinochet hadn't answered any of the questions, he'd returned the questionnaire with the comment "I am innocent of all charges against me." Guzman had taken that to be a deposition, but many other lawyers said it didn't count, because...
...assumed that Judge Guzman will now simply go ahead and interrogate Pinochet, to start the process again...
...dictator remains in a posture that military men may term "armed retreat." An appeals court judge on Monday dismissed a house arrest order against the former dictator on a technicality - the investigating judge had failed to interrogate Pinochet before issuing the order, as required by Chilean law. Judge Juan Guzman had sent Pinochet a questionnaire during the general 503-day detention in Britain, but it had been returned unanswered. Now the matter will be referred to Chile's Supreme Court, which may rule as early as Thursday...
...Although Pinochet supporters proclaimed Monday's decision a victory, eluding arrest on technical grounds does not bode well for the strongman who faces more than 200 criminal complaints in the Chilean courts. Judge Guzman had pressed charges of murder and kidnapping arising out of the "caravan of death," a 1973 campaign in which a group of military officers toured the country rounding up opponents of Pinochet's junta and summarily executing them. The judge's arrest order came as a surprise, since he had previously ordered medical and psychological tests to determine the general's competency to stand trial...
...Despite Monday's slap-down of Judge Guzman, Pinochet's legal road ahead remains blighted. To be sure, he's unlikely to elicit much sympathy from the same Chilean Supreme Court that last August stripped the general of the immunity from prosecution he'd authored for himself as a precondition for stepping down in 1990. Of course it's quite possible that the high court will uphold Monday's technical ruling, but its August decision presumably leaves the field open to Pinochet's accusers to simply keep trying. And that would leave the general's attorneys to fall back...