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Given Pinochet's status as a former army officer, would Judge Guzman not have to surrender the case ultimately to a military court?
Pinochet could contest Guzman's jurisdiction on these grounds, and the dispute over jurisdiction would ultimately have to be settled by the Supreme Court. Among the arguments the Supreme Court would have to take into account is whether the crimes were committed on military premises, and whether they could be considered "acts of service"by a military officer. The Chilean courts have traditionally given wide scope to military jurisdiction in such cases.
Go to: Could Pinochet's lawyers block prosecution on humanitarian grounds, citing his ill-health or mental impairment? Back to: The Pinochet Precedent: the End of Impunity? |