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2
JANUARY 2000
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Judge
Juan Guzman indicts Pinochet as author of the crimes of abduction
and first degree murder committed by the "Caravan of Death," a military
entourage that traveled through various parts of the country in
1973, and summarily executed political prisoners. Guzman must investigate
more than 240 complaints against Pinochet, involving crimes committed
during his regime, from 1973 to 1990.
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5
JANUARY 2000
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Pinochet
enters Northwick Park Hospital where he undergoes 6 hours of physical
and psychological exams requested by the government of Chile.
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8
JANUARY 2000
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Pinochet’s
defense attorney in Spain, Fernando Escardo, files a habeas corpus
writ before the Spanish Constitutional Tribunal.
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10
JANUARY 2000
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British
Home Secretary Jack Straw announces the results of the medical and
psychological exams. He states that the "...unequivocal and unanimous
conclusion of the three doctors and the neuro-psychologists is the
recent deterioration of the state of health of senator Pinochet,
which appears to have occurred primarily during September and October
of 1999, prevents him from standing trial at the present time nor
can any change in his condition be expected." Straw adds that "...
there is no sense to carry forth with the present extradition proceedings
and therefore, I am compelled to make the decision not to extradite
Senator Pinochet." Straw adds that his final decision will be taken
, within a period of 7 days after studying claims which have been
added to Spain's original extradition request, from the governments
of France, Belgium, and Switzerland, in addition to Amnesty International,
the Medical Foundation for Care to Victims of Torture, the Redress
Trust, the Association of Relatives of the Disappeared of Chile,
and Human Rights Watch.
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17
JANUARY 2000
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The
government of Spain conveys Judge Baltasar Garzon’s reservations
regarding the decision taken by Straw. Judge Garzon holds that reference
cannot be made to Pinochet’s state of health unless the medical
reports are disclosed. He requests new medical exams with participation
of Spanish medical authorities.
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25
JANUARY 2000
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The
government of Belgium and human rights organizations represented
by Amnesty International file writs with the High Court requesting
judicial review of the Home Secretary’s decision. They also
demand that the decision be implemented carried out only upon prior
public disclosure of the medical exams, sworn declaration by the
doctors who conducted the examinations, new exams with Belgium doctors
and in the presence of observers from both parties to the case.
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31
JANUARY 2000
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Magistrate
Maurice Kay, upon hearing the arguments on January 26 and 27, rejects
both petitions. He indicates that Belgium and Amnesty International
lack probable cause to demand judicial review, as British law gives
the Home Secretary autonomy to adopt the decision he sees fit. The
magistrate concludes that it is not appropriate either to disclose
the medical reports or to conduct new medical examinations.
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15
FEBRUARY 2000
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The
High Court rules that Home Secretary Jack Straw has authority to
adopt the decision he deems proper. The High Court also rules that
the four countries (Spain, Belgium France and Switzerland) that
requested extradition of Pinochet must receive copies of the medical
reports under condition of strict confidentiality and must convey
their observations to Straw within 7 days.
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22
FEBRUARY 2000
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The
four countries that requested extradition of Pinochet send their
observations to Home Secretary Straw. France, Spain and Belgium
question the severity of the state of health of Pinochet as determined
by the British doctors and request new examinations to be conducted
by professionals from their respective countries. Switzerland insists
on its petition to extradite Pinochet, as the European Extradition
Treaty does not contemplate immunity for reasons of health.
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2
MARCH 2000
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Home
Secretary Jack Straw announces his decision not to extradite Pinochet
to Spain and his decision not to allow the petitions of Switzerland,
Belgium and France. Therefore, he authorizes the release of Augusto
Pinochet. That same day, Pinochet travels in a Chile Air Force jet
back to Chile, having spent 503 days under arrest in London.
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2
MARCH 2000
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Attorneys
in the Caravan of Death case (Hugo Gutierrez, Eduardo Contreras,
Carmen Hertz, Hiram Villagra, Alfonso Insunza, Boris Paredes, and
Juan Bustos) file before Judge Juan Guzman a request to strip Pinochet
of congressional immunity and allow prosecution of criminal actions
committed by the Caravan of Death. They charge Pinochet as abettor
of the executions committed by that military entourage.
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3
MARCH 2000
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At
10:30 AM, Augusto Pinochet descends from the plane that returned
him to Santiago. He is received by a military band and parade headed
by Army Commander-in-Chief Gen. Ricardo Izurieta, the commanders-in-chief
of the Navy and Air Force, Carabineros police director as well as
political leaders of the right.
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9
MARCH 2000
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Chile’s
Court of Appeals confirms the indictment and arrest of Augusto Pinochet,
accused of the deaths and disappearances of 76 opponents to his
regime, but reduces the charges. The Second Chamber of the Court
of Appeals, in a 2 to 1 vote, rejects the appeal filed by the defense
team of the retired general, but reduced the charges against him
from "author" to ''abettor'' of the crimes he is accused of committing.
The
ruling states: ''Facts and circumstances, which have come to light
in this case, constitute probable cause that the accused (...) participated
in the crimes (...) as accomplice."
The
president of the Association of Relatives of the Disappeared, Viviana
Diaz reacted to the ruling as follows: "The facts have proven that
Pinochet is abettor of 57 homicides and 18 aggravated abductions.
Today’s ruling seeks to protect him from facing those charges
by reducing the possible penalties."
The
Court of Appeals did not detail its reasons for reducing the charge
of author to cover-up. However, court officials indicate as grounds
for maintaining the case a document written in Pinochet’s handwriting
that gives evidence of his knowledge of the crimes.
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30
MARCH 2000
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Retired
Army Colonel Gustavo Collao, defense attorney for Pinochet, files
a motion in which he sustains that his client’s ill health
renders him incapable of defending himself in court. He accompanies
the motion with conclusions from the medical examinations that provided
the grounds for British Home Secretary Straw’s determination
that Pinochet was not fit to stand trial.
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3
APRIL 2000
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The
State Defense Council, represented by its president Clara Czczaranski
files a brief that sustains that sufficient evidence exists to believe
that Pinochet acted at the very least as abettor of the crimes committed
by the Caravan of Death. She added that only upon conclusion of
the investigation is it appropriate to discuss medical reasons for
exempting him of penal responsibility.
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25
APRIL 2000
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Commander-in-Chief
of the Army Ricardo Izurieta informs President Ricardo Lagos of
the Army’s concern for how the legal case is affecting Pinochet.
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26-29
APRIL 2000
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Hearings
open concerning Pinochet's congressional immunity. The five plaintiff
attorneys of the Caravan of Death case present their cases. They
found their reasoning on the position Pinochet held as Army Commander-in-Chief
and that he had knowledge of the criminal actions committed by the
military delegation led by Sergio Arellano Stark, and of the existence
of a policy of political repression of the government under his
command.
State
Defense Council president Clara Czczaranski sustains that Pinochet
had involvement in the criminal actions under investigation. She
also urges the courts to respect equality under the law and to confer
the same humanitarian considerations to other persons affected by
ill health who are charged with crimes.
On
behalf of Pinochet, attorney Ricardo Rivadeneira contends that obliging
his client to stand trial despite ill health is a violation of due
process as he is unable to participate in the defense strategy.
The defense attorney also sustained that facts fail to establish
the participation of Pinochet in the criminal actions and that the
72 victims are not disappeared persons but rather "… persons
who were executed, dead, and disappeared bodies…"
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23
MAY 2000
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The
Court of Appeals meets to vote on whether to deprive Pinochet of
congressional immunity. Thirteen judges vote in favor of depriving
him of congressional immunity, prevailing over 9 who voted to uphold
protection against prosecution.
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25
MAY 2000
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The
Court of Appeals rules to permanently suspend the case involving
the alleged falsification of Pinochet’s passport. The Court
accepts the reasoning of Foreign Relations Minister Insulza who
recognizes that the request to designate Pinochet for a special
mission originated from the Army, as the British arms manufacturer,
Royal Ordinance, had extended him a formal invitation to tour its
latest defense projects.
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19-21
JULY 2000
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The
full Supreme Court opens appeals hearings related to the removal
of congressional immunity approved by the Santiago Court of Appeals.
The
hearing begins with argumentation of defense attorney Rivadeneira,
who contends that Pinochet is innocent of charges. He repeats the
argument that the cases pertain to homicides, which, unlike abductions,
are subject to statutes of limitation,.
Plaintiff
attorneys further the argumentation they presented previously before
the Court of Appeals.
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25
JULY 2000
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With
11 votes over 9, the Supreme Court rejects the petition set forth
by Pinochet defense to conduct physical and mental exams prior to
deciding on the appeal requested by.
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8
AUGUST 2000
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The
full Supreme Court, in a vote of 14 over 6, Guzman in court, the
Sixth Chamber of the Court of Appeals opens appeals hearing related
to the medical tests.
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2
NOVEMBER 2000
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The
Sixth Chamber of the Court of Appeals unanimously upholds the request
for mental and neurological testing of Pinochet. The following day,
Judge Guzman determines that the governmental agency Medical Legal
Service must conduct these tests and issue the results within one
month. He sets the Military Hospital as site for the tests, over
objections of the plaintiffs who contend the Hospital collaborated
with Pinochet's military regime.
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1
DECEMBER 2000
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Judge
Guzman charges Pinochet as co-author of the crimes of aggravated
abduction and first degree murder in the cases of 75 persons executed
by the Caravan of Death. The cases include 18 executed persons whose
remains had not been located as well as the 57 located, identified
and given to the corresponding families.
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2
DECEMBER 2000
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Army
Commander-in-Chief Ricardo Izurieta meets with Vice President Jose
Miguel Insulza and Defense Minister Mario Fernandez.
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2
DECEMBER 2000
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Defense
attorneys file a habeas corpus brief. They contend Pinochet’s
freedom is threatened by violations to law incurred by Guzman and
request suspension of the indictment order.
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4
DECEMBER 2000
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Defense
attorneys file a motion to prevent notification of Pinochet of his
house arrest.
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11
DECEMBER
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After
four days of hearings, the Fifth Chamber of the Court accepts the
habeas corpus brief and revokes the order to indict for failure
to comply with the requirement of a prior interrogatory statement.
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19
DECEMBER
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The
First Chamber of the Court of Appeals rules that the appeal is inadmissible
because of the failure to submit to medical testing.
Judge
Guzman sets January 22, 2001 for the medical and psychological tests
at the Military Hospital.
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29
DECEMBER
|
Pinochet
defense attorneys file a writ with the Supreme Court in which they
accuse Guzman of unnecessarily postponing medical testing in order
to damage their client.
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