By
The Associated Press
SANTIAGO, Chile - Gen. Augusto Pinochet has dropped his earlier opposition and agreed to undergo medical tests and to submit to questioning by a judge, opening the door to a possible renewal of his indictment on homicide and kidnapping charges.
Lawyers for the 85-year-old former dictator said he was returning to Santiago from his countryside residence on Tuesday for the medical tests and questioning by the judge seeking to try him.
The mental and neurological tests will start today, according to a new schedule set late Monday by Judge Juan Guzman. They could last up to four days, the judge said. The questioning is scheduled to take place next Monday.
Earlier, Pinochet had disobeyed Guzman by refusing to appear Sunday and Monday at the Santiago military hospital for the tests. And his lawyers had said he would also refuse to comply with the judge's order to appear for questioning.
"Contrary to what many people say, we are not challenging the justice," Pinochet lawyer Gustavo Collao said in announcing that Pinochet would return to the capital.
Prosecutors, though, said Pinochet had given in.
"Pinochet has recanted, because he understood the failure of his efforts to have the legal procedures interrupted by political means," prosecution lawyer Hiram Villagra said. "He expected the army would step in in his favor, but that didn't happen."
According to an official report by the civilian government that succeeded Pinochet in 1990, at least 3,200 people were killed for political reasons and another 1,197 disappeared during his 1973-1990 dictatorship. Guzman wants to try Pinochet for the "Caravan of Death," a military commando operation that executed 55 political prisoners in several cities shortly after the 1973 coup.
Guzman indicted Pinochet last month, but the Supreme Court dropped the homicide and kidnapping charges because Guzman failed to interrogate Pinochet first, as required by law. If the questioning finally takes place on Monday, the last hurdle for a renewal of the indictment would be lifted.
"We are convinced that shortly after Monday, Pinochet will again be indicted," Villagra said.
Pinochet's defense, though, expects that the medical tests will convince Guzman that the general's deteriorated health won't even allow for an interrogation.
Pinochet suffers from diabetes, arthritis, carries a pacemaker and has suffered three mild strokes since late 1998. Those physical problems, however, do not exempt him from prosecution. Chilean law only exempts people deemed mad or demented.
