US embassy cable - 05SANTIAGO2409

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. 
 
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OPERATION COLOMBO 
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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. 
 
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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). 
 
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BIRTHDAY PARTY SCRATCHED 
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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