Chile's Pinochet fails to appear for mental evaluation

In this story: Judge waits 75 minutes Disagreement over hospitals Interrogation set Thousands of deaths, disappearances RELATED STORIES, SITES

SANTIAGO, Chile -- Former Chilean dictator Gen. Augusto Pinochet failed to appear Sunday for a psychological evaluation ordered by a judge who will decide whether he should be tried for alleged human rights abuses during his regime in the 1970s and '80s.

Chilean law requires testing to determine the psychological condition of defendants older than age 70 before they can be put on trial. The retired general could avoid trial if he were declared insane or demented.

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Pinochet case

Federal Judge Juan Guzman first ordered Pinochet, 85, placed under house arrest on December 1 for allegedly planning the deaths or disappearances of 77 leftists who were victims of the so-called "Death Caravan," a military squad that crossed Chile in the weeks after Pinochet overthrew elected socialist President Salvador Allende on September 11, 1973.

On January 2, Guzman ordered Pinochet to undergo two days of psychological testing to determine his fitness to stand trial.

Judge waits 75 minutes

Pinochet had been summoned to appear Sunday at Military Hospital in Santiago at 11 a.m., but he remained at his coastal estate in Bucalemu, 130 kilometers (80 miles) southwest of the capital. Guzman waited for him at the hospital for 75 minutes before leaving. He made no comments to the media.

Shortly after noon, Pinochet was seen entering a private chapel next to his residence to attend Mass. He appeared to walk with difficulty, using a cane and aided by bodyguards. His wife, Lucia Hiriart, and several friends were with him.

As part of his two-day scheduled examination, Pinochet is again required to appear at Military Hospital on Monday.

Disagreement over hospitals

Pinochet's legal team decided the former dictator would not undergo the tests Sunday, claiming Guzman had changed the conditions under which they would be conducted.

At the request of prosecution lawyers, who indicated they distrust the army hospital, Guzman ordered urine and blood samples that were to be taken from Pinochet to be tested at a different hospital to ensure accuracy.

Pinochet's chief lawyer, Pablo Rodriguez, said the change was an insult to Pinochet and the armed forces.

In a brief communiqué, Pinochet's spokesman, retired Gen. Guillermo Garin, said the former leader is prepared to undergo the tests, "but only under the conditions set by the Supreme Court."

The high court has ruled the entire procedure should be conducted at the military hospital. Pinochet's lawyers say the retired general's deteriorating health prevents him from organizing his defense, depriving him of a just trial.

Pinochet has diabetes and arthritis, a pacemaker, and has suffered three mild strokes since 1998, according to his doctors.

Interrogation set

Guzman also is scheduled to interrogate Pinochet on Tuesday regardless of whether he undergoes the tests. If Pinochet does not agree to be questioned, Guzman can order his arrest.

Guzman had first indicted Pinochet in December, but the Supreme Court dismissed the charges because Guzman failed to question Pinochet first.

Thousands of deaths, disappearances

More than 3,000 people died or disappeared and are presumed dead because of political violence under Pinochet's rule.

Pinochet was detained in Britain in October 1998 at the request of a Spanish judge who wanted to try him on charges of human rights violations and torture during his regime, which lasted until 1990. He spent 503 days under house arrest before being allowed to return home because the British legal system ruled he was too old and sick for trial.

The Associated Press and Reuters contributed to this report.

Chilean court overturns Pinochet indictment
December 20, 2000
Chilean Supreme Court could rule on Pinochet case this week
December 18, 2000

Amnesty International, Pinochet page
Pinochet Foundation (in Spanish)
Chile President (in Spanish)
Human Rights Watch: The Pinochet Prosecution
UK Home Office
Pinochet Victim's Page
Chile: Trial Against Pinochet in Spain

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