Court Lifts Immunity for Pinochet

A court ruled Friday that former dictator Augusto Pinochet could be sued for a bloody wave of repression in the 1970s and ‘80s, after a TV interview in which he appeared lucid raised questions about Supreme Court rulings that he is unfit for trial.

The 14-9 vote by the Santiago Court of Appeals startled lawyers on both sides as well as victims’ families. Prosecution lawyer Juan Subercaseaux called the ruling “a miracle.”

“We receive this with deep surprise but also with deep pride,” said Francisco Bravo, chief lawyer for the prosecution. “This ruling makes the relatives of the victims and the whole of Chilean society again trust Chile’s justice.”

The decision, which lifts the immunity Pinochet enjoyed as a former president, could pave the way for him to face human rights charges. Pinochet’s lawyer said he would appeal the decision to the Supreme Court, which has repeatedly said Pinochet, 88, could not stand trial because of poor mental and physical health.

A 2002 report by court-appointed doctors stated that Pinochet suffered from a mild case of dementia. He also uses a pacemaker, has diabetes and arthritis, and has suffered at least three mild strokes since 1998, when he was arrested in London.

In November, however, Pinochet appeared in an interview with a Miami-based Spanish-language television station, saying he sees himself “as a good angel” and blaming the abuses of his regime on subordinates.

Pinochet sat holding a cane during the interview and slurred his words, but he seemed lucid.