Spain Upholds Pinochet Ruling
MADRID, Spain (AP) -- Spain's highest court ruled today that it has jurisdiction to prosecute former Chilean leader Gen. Augusto Pinochet for crimes allegedly committed during his rule.
The National Court ruling gave a green light to Judge Baltasar Garzon to continue with his investigations into the crimes of genocide, terrorism and torture allegedly committed by Pinochet during his military dictatorship between 1973-90.
Garzon issued an international arrest order that led to the detention of Pinochet in London on Oct. 16 for crimes allegedly committed in Chile and Argentina.
His probe against the 82-year-old was snarled earlier this week when Britain's High Court ruled that, as a former head of state, Pinochet had immunity from prosecution. He has been kept under arrest pending an appeal.
Garzon's case puts forward that Pinochet, together with Argentine generals, made a systematic, organized attempt to wipe out political opponents because of their ideological beliefs and that it amounts to genocide, according to lawyers working with Garzon.
All but a few of the 94 victims cited in Garzon's documents were Chileans living in Argentina, but also among the victims were several Spanish citizens, whose cases triggered the initial Spanish investigation.
Although the National Court's decision Friday does not deal specifically with Pinochet's detention or his extradition, Garzon was expected to decide on the future of his case depending on the ruling.
Sources close to Garzon said that if he got the backing from his National Court he would continue to seek the extradition as long as Pinochet remained detained.
``It's an immense homage to the disappeared (people) of Chile and Argentina,'' said Carlos Slepoy, a lawyer representing families of Argentine victims. ``From a legal point of view its a landmark decision.''
The 11-judge panel reached the decision after nearly five hours of deliberation.
National Court prosecutor Pedro Rubira had argued that jurisdiction for human rights crimes committed in Argentina and Chile lies within those countries, not Spain.
He argued that Pinochet cannot be charged with genocide because political opponents who died under his regime were not persecuted because of their race or religion.
But Slepoy said Pinochet was ``guilty of genocide because he tried to eliminate an entire group of people.''
Pinochet, who is recovering from back surgery, remains under police guard in Britain. He was moved Thursday from the London Clinic to a private psychiatric hospital, which reports said could provide better security for the general.
A human rights report published in 1991 identified 3,197 victims of state-sanctioned killings committed under the Pinochet regime -- including 1,102 who are still unaccounted for and presumed dead.
In Britain, prosecutors are expected to file an appeal Monday to a five-judge panel in the House of Lords.
Lawyers for Pinochet have pushed for immediate bail, with a hearing expected to take place today.
British criminal lawyers said it is rare for someone facing an extradition warrant to be granted bail because they are considered a flight risk.
A Chilean military aircraft with medical personnel and equipment remains on standby at a Royal Air Force base northwest of London to take the general home if he is allowed to leave.
[end of wire copy]
Carl Remick