Chile court says Pinochet must take mental tests

SANTIAGO, Chile (Reuters) -- A Chilean court ruled on Thursday that former dictator Augusto Pinochet, currently in a military hospital recovering from pneumonia, must undergo psychological tests ahead of any trial for alleged human rights abuses.

The decision was a defeat for the lawyers of Pinochet, 84, who wanted independent doctors to also carry out physical tests, arguing his physical state not his mental condition impeded him from mapping out a defense strategy.

Pinochet, who ruled this South American nation with an iron fist after ousting elected socialist president Salvador Allende in a bloody 1973 coup, is facing possible trial in Chile for his alleged involvement in abuses during his 1973-1990 rule.

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More than 3,000 people, mostly suspected leftists, died or disappeared during his regime. Tens of thousands of others fled the country rather than live under military rule.

Local law excuses people from trial if they are certified as "mad" or "demented" but not for physical limitations.

In September, Chilean Judge Juan Guzman, set to question Pinochet later this month about the alleged abuses, ordered the mental exams, required for all people over 70 who face trial in Chile.

Pinochet's lawyers appealed because they wanted medical tests, but the three judges of a Santiago Appeals Court on Thursday rejected that appeal. Saying "the resolution on the tests was confirmed," the panel ordered the psychological tests, which will also include neurological studies.

"The neurological aspect is a logical part of a psychological examination because it can determine if his mental faculties are below those of a 13-year-old," said Juan Bustos, a human rights lawyer.

Bustos said the team of attorneys bidding to put Pinochet on trial would halt their legal drive if the independent tests deduced his mental state was not fit for trial. "Naturally, we would agree (to end the case) if that were to happen, as long as it concluded that he is mad or demented," he added.

One of Pinochet's lawyers, Gustavo Collado, said the neurological tests are part of a physical checkup.

"The neurological exams are going to determine if he suffers from a sickness, and that is how it will be proven that the general's health is precarious," Collado told reporters.

"We do not doubt that the report will be sufficient cause to confirm that (Pinochet) is not in condition to undergo a trial. Therefore, we are happy with the ruling," Collado added.

British police arrested Pinochet in October 1998, after an extradition request from a Spanish judge who wanted to try the retired general on torture charges. Britain ruled Pinochet was too old and sick to undergo trial and sent him home.

Since then he has only made sporadic appearances in public and most of them on trips to Santiago's military hospital for checkups.

Pinochet was taken to the hospital on Saturday suffering from what his friends and family said was a bout of pneumonia.

He was still recovering in the hospital on Thursday, sources close to the family said. His health was said to be its worst since he returned from Britain.

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