Supreme Court Approves Deprivation of Immunity of Augusto Pinochet

Operation Colombo Case


Santiago, fourteenth of September of the year two thousand five.

The sentence appealed on twenty-ninth day of July of the year two thousand five, comprised of pages 3758 to 3765, and is hereby confirmed. That sentence is upheld with dissenting votes from Judges Tapia, Galvez, Rodriguez Ariztia, Cury, Kokisch and Ballesteros, who supported revocation of that ruling, and consequently opposed the requests for deprivation of immunity, due to the following considerations:

a. That, due to the complexity and volume of case N 2182-98 that encompasses a great number of events, the court record is organized in several episodes or chapters, for procedural ease, and certainly does not affect the unity of the case, which still is one single case;

b. That the events under investigation in this case include occurrences during the command of Army Commander in Chief General Augusto Pinochet Ugarte, specifically, the travels of former Army General Sergio Arellano Stark, to various regions of the country in September and October 1973, a situation that gave rise to the deprivation of immunity of Mr. Pinochet Ugarte, as resolved by the Full Session of the Santiago Court of Appeals on June 5, 2000 and consequently confirmed by this Supreme Court on August 8 of the same year;

c. That, subsequently, July 9, 2001, a Bench of the Santiago Court of Appeals partially and temporarily dismissed Augusto Pinochet Ugarte, who had been arraigned at that time, and on appeal, this Supreme Court invalidated that ruling on July 1, 2002, after concluding that the mental illness that afflicted the accused renders him unfit to stand trial, and that he is an individual who is procedurally incapacitated from standing trial. This Court hereby ruled that "the proceedings shall not continue" against him and ordered his definitive and partial dismissal from the case. That ruling affects all trials against him, and is not limited to a section of the episodes or files; and

d. That due to the definitive dismissal that is founded on the procedural incapacity that affects the defendant, it would be judicially unacceptable that a subsequent ruling, in this same and single court proceeding, make way for the deprivation of immunity and newly prosecute his penal responsibility.
Judge Kokisch, founded his dissident vote also on article 418 of the Code of Criminal Procedure, ruling for the definitive dismissal to conclude the trial and considers the present proceedings a situation of res judicata, regarding those individuals affected by the case. Its effect is so conclusive that it cannot be subject to appeal, as set forth in article 657 of the Code of Criminal Procedure.

Agreed, with the objections noted above of Judges Rodriguez Ariztia, Cury, Kokisch, Segura and Ballesteros, with the order to conduct a psychological examination of the defendant, by psychiatric experts, in order to determine the subsequent procedure regarding the individual who has been deprived of prosecutorial immunity.

Prior to any procedures related to the defendant, the Investigative Judge shall order the medical examinations here cited.

Agreed, on this part, with the dissenting votes from the Interim Court President Mr. Benquis and Justices Galvez, Rodriguez Ariztia, Oyarzun and Rodriguez Espoz, who were of the opinion not to order the procedures.

Hereby take note.
Rol N 3.840-05



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