PINOCHET UNDER HOUSE ARREST IN OPERATION COLOMBO

UNCLAS SANTIAGO 002409 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PREL KCRM CI SUBJECT: PINOCHET UNDER HOUSE ARREST IN OPERATION COLOMBO REF: A. SANTIAGO 02398 ¶B. SANTIAGO 02306 ¶C. SANTIAGO 01466 AND PREVIOUS ¶1. (U) Summary: Former Chilean dictator Augusto Pinochet marked his 90th birthday November 25 under house arrest for aggravated kidnapping charges after presiding judge Victor Montiglio filed four charges against Pinochet in the 1975 disappearance of six regime opponents, and ordered his house arrest in the Operation Colombo case. The charges came just hours after an appeals court granted Pinochet bail in the Riggs Bank case (ref A),presided over separately by Judge Carlos Cerda. Unlike the judge in the Riggs Bank case, Montiglio did not recommend bail. End Summary. -------------- OPERATION COLOMBO -------------- ¶2. (U) Appeals Court Justice and presiding judge in the so-called Operation Colombo case, Montiglio filed charges related to six of the fifteen victims for whom Pinochet's immunity has been lifted (ref C). Press reports indicate that he is considering filing further charges in the next few days. Montiglio has also requested that other victims of Operation Colombo be included in the proceedings. (Note: Operation Colombo was a 1975 disinformation campaign to plant evidence and press stories indicating that 119 regime opponents killed or "disappeared" by security forces in Chile, Brazil and Argentina were actually living underground or had been killed in internecine struggles. End Note.) ¶3. (U) Montiglio has aggressively pursued the case since he inherited it in May. On the basis of court-ordered physical and psychological exams (ref B) Montiglio determined Pinochet fit to stand trial. He has interrogated Pinochet on several occasions, including a November 18 "face to face" between Pinochet and Manuel Contreras, the ex-head of DINA currently serving a twelve-year prison term on other human rights charges. Montiglio has also taken testimony from others implicated in Operation Colombo and from witnesses to the victims' detentions. Montiglio's filing states "there are indications to show his (Pinochet's) responsibility and participation in the crime of aggravated kidnapping," in the case of at least six victims. -------------- RIGGS BANK -------------- ¶4. (U) The Fifth Santiago Court of Appeals granted Pinochet bail in the Riggs Bank case on November 24, lowering bail from the requested 12 million pesos to six million, about USD 11,500 (ref A). -------------- BIRTHDAY PARTY SCRATCHED -------------- ¶5. (U) After the arrest order for Operation Colombo was issued, Pinochet's family reportedly cancelled plans for a birthday lunch for around 60 people, mainly family. Outgoing Chief of the Army General Emilio Cheyre and some Pinochet family members visited him at his suburbaan Santiago home. Cheyre told the press his visit was his duty as Commander of the Army and an act of compassion. He added that any charges against Pinochet should be resolved in the courts through due process. (Post note: Cheyre has called on Pinochet every birthday during Cheyre's tenure as Army Chief, and has rushed to be present during Pinochet's major hospitalizations as well. End Note.) ¶6. Comment: (SBU) Pinochet's legal team is expected to file a bail request soon for the Operation Colombo case. However, with the possiblity of further charges in Operation Colombo and court schedules, it could be weeks before bail is granted. The ultimate outcome in the Operation Colombo case remains uncertain. Once he has tried the case, Judge Montiglio could still apply the 1979 Amnesty Law and suspend proceedings, as he has in past human rights cases. Moreover, Pinochet can avail himself of a number of appeals steps if convicted. KELLY