Augusto Pinochet - Return To Chile

Return To Chile

Pinochet returned to Chile on 3 March 2000. His first act when landing in Santiago's airport was to triumphantly get up from his wheelchair to the acclaim of his supporters. He was first greeted by his successor as head of the Chilean armed forces, General Ricardo Izurieta. President-elect Ricardo Lagos said the retired general's televised arrival had damaged the image of Chile, while thousands demonstrated against him.

In March 2000 Congress approved a constitutional amendment creating the status of "ex-president," which granted its holder immunity from prosecution and a financial allowance; this replaced Pinochet's senatorship-for-life. 111 legislators voted for, and 29 against.

The Supreme Court ruled in favor of judge Juan Guzmán's request on August 2000, and Pinochet was indicted on 1 December 2000 for the kidnapping of 75 opponents in the Caravan of Death case. Guzmán advanced the charge of kidnapping as the 75 were officially "disappeared": even though they were all most likely dead, the absence of their corpses made any charge of "homicide" difficult.

However, in July 2002, the Supreme Court dismissed Pinochet's indictment in the various human rights abuse cases, for medical reasons (vascular dementia). The debate concerned Pinochet's mental faculties, his legal team claiming that he was senile and could not remember, while others (including several physicians) claimed that he was only affected physically but retained all control of his faculties. The same year, the prosecuting attorney Hugo Guttierez, in charge of the Caravan of Death case, declared, "Our country has the degree of justice that the political transition permits us to have."

Pinochet resigned from his senatorial seat shortly after the Supreme Court's July 2002 ruling. In May 2004, the Supreme Court overturned its precedent decision, and ruled that he was capable of standing trial. In arguing their case, the prosecution presented a recent TV interview Pinochet had given for a Miami-based television network, which raised doubts about his alleged mental incapacity. He was charged with several crimes in December of that year (including the 1974 assassination of General Prats, and the Operation Colombo case in which 119 died) and was again placed under house arrest. He suffered a stroke on 18 December 2004. Questioned by his judges in order to know if, as President, he was the direct head of DINA, he answered: "I don't remember, but it's not true. And if it were true, I don't remember."

In January 2005, the Chilean Army accepted institutional responsibility for past human rights abuses. In 2006 Pinochet was indicted for kidnappings and torture at the Villa Grimaldi detention center by the judge Alejandro Madrid (Guzmán's successor), as well as for the 1995 assassination of the DINA biochemist Eugenio Berrios (himself involved in the Letelier case). Berrios, who had worked with Michael Townley, had produced sarin gas, anthrax and botulism in the Bacteriological War Army Laboratory for Pinochet; these materials were used against political opponents. The DINA biochemist was also alleged of having created black cocaine, which Pinochet then sold in Europe and the United States. The money for the drug trade was allegedly put directly into Pinochet's bank accounts. Pinochet's son Marco Antonio, who had been accused of participating in the drug trade, has denied claims of drug trafficking in his father's administration and announced a lawsuit for libel against Manuel Contreras, who had also claimed Pinochet sold cocaine.

On 25 November 2006, Pinochet marked his 91st birthday by having his wife read a statement written by him, and read to his admirers present for his birthday: "I assume the political responsibility of all that has been done." Two days later, he was again ordered to house arrest for the kidnapping and murder of two bodyguards of Salvador Allende who were arrested the day of the 1973 coup and executed by a firing squad during the Caravan of Death episode.

However, Pinochet died a few days later, on 10 December 2006, without having been convicted of any of the crimes of which he was accused.