The Accuser of Pinochet Spells Out the Charges
By AL GOODMAN
MADRID, Spain
-- A Spanish judge indicted Gen. Augusto Pinochet Thursday "for the crimes
of
genocide, terrorism
and torture" during his 17-year dictatorship in Chile, a key step toward
his
trial in Madrid
if he is eventually extradited from Britain.
The 285-page
indictment lays out the most detailed case to date against Pinochet, 83,
who has been
under arrest
in London since Oct. 16. It will be sent to support a Spanish extradition
request, which
Britain's home
secretary ruled on Wednesday could go forward in English courts. Extradition
proceedings
could last for months.
After Pinochet's
1973 coup, the indictment charges, he created and led a "criminal organization"
supported by
Chile and five other South American countries to kill or cause the disappearance
of about
3,000 opponents
of his right-wing regime.
Judge Baltasar
Garzon, who drew up the indictment, also issued the arrest warrant for
Pinochet in
October and
later decreed a worldwide embargo on his assets, which the indictment reiterated.
It
declared that
Pinochet is "provisionally" liable for undetermined civil damages stemming
from the
human rights
charges.
The judge has
so far asked investigators to search for Pinochet's assets only in the
United States,
Switzerland
and Luxembourg, and the search has only just begun, a Madrid court official
said.
The charge of
genocide is included in the indictment, even though Home Secretary Jack
Straw ruled
that genocide
was not an extraditable crime in Britain.
The final charges
will depend on the extradition conditions set by the English courts and
the Spanish
court's interpretation
of them, said Manuel Murillo, a Madrid lawyer for families of the victims
of
repression in
Chile.
Garzon's indictment
detailed a "fierce repression" that it said began with Pinochet's coup
on Sept. 11,
1973, which
ousted President Salvador Allende Gossens, and continued until 1990.
After consolidating
control in Chile, the indictment says, Pinochet arranged for coordinated
repression
against Chileans
and citizens of other countries with the help of military leaders in Argentina,
Paraguay,
Bolivia, Uruguay
and Brazil.
It named more
than 2,500 victims, including Orlando Letelier, the former Chilean foreign
minister, and
an American,
Ronni Moffitt, who died when a bomb exploded in their car in Washington
in 1976. The
indictment says
the bombing was carried out by Chile's secret police on orders from Pinochet.
In London, meanwhile,
Pinochet's lawyers asked the House of Lords Thursday to reconsider its
judgment last
month that Pinochet does not enjoy sovereign immunity from arrest.
A spokesman for
the five Law Lords, who make up England's highest court, said no one had
ever tried
to appeal one
of the court's decisions. The petition will be discussed by a committee
of the Law Lords,
who will decide
whether to have a full appeal hearing.
Thursday's petition
was believed to center on a charge of potential bias against Lord Hoffmann,
who
cast the decisive
vote in the 3-2 decision and who, it has emerged, has been an unpaid director
of a
charity for
Amnesty International since 1990. A lawyer for Amnesty and other rights
groups was
permitted to
take part in the presentation of the case against Pinochet.
Copyright 1998 The New York Times Company