Mr. Pinochet's lawyers have said they can prove he is not guilty of the charges against him if he goes to trial. Our next step, if a trial actually takes place, is to prove the complete innocence of Gen. Pinochet. Lawyers for the General are also likely to try to argue that Mr. Pinochet is not healthy enough to direct his lawyers competently and therefore should not be forced to stand trial. The general's lawyers have said that they will not allow their client to undergo tests of mental fitness, a stance that could lead to another legal battle that might further delay proceedings against Mr. Pinochet. Under Chilean law all criminal defendants over 70 must undergo an examination before trial.
Mental illness can prevent any trial from going forward.
Lawyers who mounted the case against Mr. Pinochet said they were happy with the court's decision, but uncertain as to whether Mr. Pinochet would ever be punished. The strongest push to investigate and try Mr. Pinochet began after the former dictator was detained in England in late 1998 on a Spanish warrant that charged him with human rights crimes. He was held there under house arrest during 16 months of legal wrangling. Lawyers for Mr. Pinochet claimed immunity from prosecution because of his position as a Senator. Mr. Pinochet was released by the British after doctors said he was neither physically or mentally fit to stand trial.