SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY GRADUATE SCHOOL General Luna Road, Baguio City

FINAL REQUIREMENT FOR

PHDCFC 2

COMPARATIVE CRIMINAL JUSTICE SYSTEM AND PROCESSES

SUBMITTED BY:

CHRISTIAN T. PASCUAL

OCTOBER 5, 2013

SUBMITTED TO:

DR. JEZREEL B. VICENTE Comparative Criminal Justice System Between Philippines and Guatemala

PHILIPPINES

1. Law Enforcement 1. Law Enforcement a. PNP- Philippine National Police a. Carabiniers of Chile b. Functions of PNP b. Functions of the CC (a) The Carabiniers' current mission (a) Enforce all laws and is to maintain or re-establish order ordinances relative to the and security in Chilean society protection of lives and properties; through civic education, service to the community, police work, and (b) Maintain peace and order and in a war situation, to act as a take all necessary steps to ensure military force (all their members public safety; have military training). (c) Investigate and prevent (b) Under the current Chilean crimes, effect the arrest of criminal constitution the Carabiniers are offenders, bring offenders to integrated directly into the Armed justice and assist in their Forces in a state of emergency to prosecution; better guarantee the public order. (c) They also have a special armed (d) Exercise the general powers to police unit called the Special make arrest, search and seizure Police Operations Group (GOPE in accordance with the or Grupo de Operaciones Constitution and pertinent laws; Policiales Especiales). There is also an Elite Corps in charge of (e) Detain an arrested person for security in La Moneda Palace and a period not beyond what is for the President. prescribed by law, informing the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.

2 c. Ranks of CC (highest to lowest) c. Ranks of PNP (highest to lowest) Commissioned officers Commissioned officers 1. Aspirante a oficial (Officer 1. Police Director General (P Aspirant) D/Gen.) 2. Subteniente (Sublieutenant) 2. Police Deputy Director General (P 3. Teniente (Lieutenant) D/DGen.) 4. Capitan (Captain) 3. Police Director (P Dir.) 5. Mayor (Major) 1. Police Chief Superintendent (P 6. Teniente Coronel (Lieutenant C/Supt.) Colonel) 2. Police Senior Superintendent (P 7. Coronel (Colonel) S/Supt.) 8. General (General) 3. Police Superintendent (P Supt.) 9. General Inspector (Inspector 4. Police Chief Inspector (P C/Insp.) General) 5. Police Senior Inspector (P S/Insp.) 10. General Director (Director 6. Police Inspector (P Insp.) General

Non-commissioned officers Non-commissioned officers 1. Senior Police Officer IV (SPO4) 1. Carabinero alumno (Student 2. Senior Police Officer III (SPO3) Carabinier) 3. Senior Police Officer II (SPO2) 2. Carabinero (Carabinier) 4. Senior Police Officer I (SPO1) 3. Cabo Segundo (Second 5. Police Officer III (PO3) Corporal) 6. Police Officer II (PO2) 4. Cabo Primero (First Corporal) 7. Police Officer I (PO1) 5. Sargento Segundo (Sergeant) 6. Sargento Primero (First Sergeant) d. Promotion System 7. Suboficial (Sub-officer) a. A member of the PNP shall not 8. Suboficial Mayor (Subofficer be eligible for promotion to a Major) higher position or rank unless he d. Promotion System has successfully passed the a. Chilean and foreign NCOs enter corresponding promotional the service through enrollment at examination given by the the Carabiniers Formation School Commission, or the Bar or and receive further training as corresponding board Corporals at the Carabiniers NCO examinations for technical Academy, both located in the services and other professions, Santiago Metropolitan Region, and and has satisfactorily completed some of them have later training at an appropriate and accredited the various service schools of the course in the PNP or equivalent Carabiniers specializing in frontier training institutions. In addition, no defense, horsemanship and K-9 member of the PNP shall eligible training and handling skills. for promotion unless he has been b. Officers of the Carabiners, native cleared by the People's Law born or foreign officer having Enforcement Board (PLEB) of scholarships, start out as Officer complaints proffered against him, Aspirants at the Carabinier Officers if any. School "Pres. Gen. Carlos Ibanez b. Special promotion may be del Campo" in Santiago, and after extended to any member of the graduating become Sublieutenants PNP for acts of conspicuous either in Chile or in their home courage and gallantry at the risk countries. Later training is provided of his life above and beyond the by the Police Sciences Academy call of duty, or selected as such in

3 a nationwide search conducted by also in Santiago, and in the the PNP or any accredited civic aforementioned specialty schools of organization. the force. e. Retirement system a. Compulsory Retirement. – Compulsory retirement, for officer and non-officer, shall be upon the attainment of age fifty-six (56): Provided, That, in case of any officer with the rank of chief superintendent, director or deputy director general, the Commission may allow his retention in the service for an unextendible period of one (1) year. b. Optional Retirement. – Upon accumulation of at least twenty (20) years of satisfactory active service, an officer or non-officer, at his own request and with the approval of the Commission, shall be retired from the service and entitled to receive benefits provided by law. f. R.A. regarding PNP Republic Act No. 6975- the Department of the Interior and Local Government Act of 1990, it was passed on December 13, 1990 and it ended the existence of the Philippine Constabulary and the Integrated National Police and gave way to the creation of the Philippine National Police. R.A. 6975 was further amended by RA 8551- the Philippine National Police Reform and Reorganization Act of 1998, and by RA 9708. The R.A. 8551 envisioned the PNP to be a community and service oriented Agency. g. Entry Qualifications 1. Must not be less than twenty-one (21) nor more than thirty (30) years of age upon take oath. 2. Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female; 3. Must not weigh not more or less five kilograms (5 kgs.) than the standard weight corresponding to his or her height, age, and sex; and 4. Must possess a formal

4 baccalaureate degree from a recognized institution of learning; 5. a. Civil Service Professional (CSP) b. PO1 Entrance Exam (NAPOLCOM & CSC) c. RA 1080 (Board Passer, Med Doctor, Engineering, Teacher etc...) d. RA 6506 (Criminologist) e. PD 907 6. Other requirements 1.Psychological and/or Neuro Psychiatric Test -To exclude applicants who may be suffering from any mental disorder, the applicant shall take a psychological and/or neuro-psychiatric test to be administered by the PNP, or any duly recognized institution and meet all the requirements in paragraph (a) above. 2. Character and Background Investigation – The Screening Committee shall cause an intensive investigation to be conducted on the character and background of the applicant with the end in view of determining his character reputation and possible involvement in any questionable or criminal activities as well as his propensity toward violence or use of force. 3.Physical and Mental Examination – In order to determine whether or not the applicant is in good health, free from any contagious diseases, a physical and medical examination must be conducted by the city/municipal health officer or PNP medical officer after he/she qualified for preliminary interview. 3-a. The ff. are physical, mental and dental test: 1. Height - must be 5'4 or 162cm for male and 5'2 or 157cm for female. 2. Weight- weight must be proportionate to height. 3. Ear Nose Throat Exam (ENT) 4. Urinalysis test - is used as a screening and/or diagnostic tool because it can help detect substances or cellular material in the urine associated with different metabolic and kidney disorders. It is ordered widely and routinely to detect any abnormalities that require follow up. It is used to detect urinary tract infections

5 (UTIs) and other disorders of the urinary tract. In those withacute or chronic conditions, such as kidney disease, the urinalysis may be ordered at intervals as a rapid method to help monitor organ function, status, and response to treatment. 5. Complete Blood Count test (CBC) 6. Fasting Blood Sugar test 7. Chest X-ray 8. ECG Test or Electrocardiogram test - is a test that measures the electrical activity of the heart. 9. Snellen test - 20/20 or 6/6 10. Ishihara test or color perception test 11 . GPE or General Physical Exam - body checkup such as scars, tattoos, varicose veins, hemorrhoids and hernia are grounds for disqualification. 12. Drug test 13. Dental Exam -Full dentures upper and lower are disqualified. 4. Physical Agility Test – The Screening Committee shall require the applicant to undergo a physical agility test designed to determine whether or not he possesses the required coordination, strength and speed of movement necessary for service, as follows:

6 h. Other Law Enforcement Agencies BFP-The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is hereby created initially consisting of the existing officers and uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765. Functions – The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws.

7 2. Prosecution 2. Prosecution a. Functions a. Functions 1. To evaluate the police findings 1. The criminal system is directed by referred to them, or other complaints filed the prosecutors, who are in charge of directly with them by individual persons. the investigation of crimes, directing the 2. They file corresponding Information labor of the police forces. or Criminal Complaints in the proper 2. The Prosecution is not a part of any courts on the basis of their evaluation of of the other branches of the the proofs at hand. government, it's not part of the 3. They prosecute the alleged Congress, the Executive Branch or the offenders in court, in the name of the Judiciary. People of the Philippines b. Structure 1. The Prosecution, or Public Ministry, is an autonomous public organism, whose function is to direct the investigation of the crimes, take the offenders to the Courts, if applicable, and to offer protection to victims and witnesses 2. The institution is organized in 18 Regional Prosecutions, each one of them directed by a regional prosecutor and a directive team. The operative units of the 18 Regional Prosecutions are the 150 Local Prosecutions which are distributed throughout the country according to population density. Such units are composed by deputy prosecutors, assistant prosecutors and other professionals, such as psychologists, caseworkers, administrative personnel and technicians.

3. Court 3. Court a. Court Procedure: a. Court Procedure: Trial procedure consists of The criminal procedural law provides arraignment, trial, and the court's for the right to a fair trial and an judgment and sentencing. The accused independent judiciary generally must be arraigned in the court where the enforced this right.National and regional complaint or information is filed. A prosecutors investigate crimes, defendant must be present to plead to formulate charges, and prosecute the charge, except in certain minor cases cases.Three-judge panels form the where a lawyer can appear for him or court of first instance; the process is her. All offenses are bailable, save the oral and adversarial, trials are public, most serious cases when strong and judges rule on guilt and dictate evidence of guilt exists. If a defendant sentences.Court records, rulings, and has no lawyer, the court is required to findings were generally accessible to supply one. Prosecution is carried out by the public.In all cases, the law provides the state prosecutor or provincial fiscal, for the right to legal counsel and public who exercises broad discretion in defender's offices in all fifteen Regions screening cases and affixing charges. No and the Santiago Metropolitan Region, jury is employed; the judge determines provide free professional legal counsel all questions of law and fact and passes to anyone seeking such sentence. A written sentence must be assistance.When requested by other read to the court. Afterward, either party human rights organizations or family may appeal. members, the NGO Corporation for the

8 b. Court Structure Promotion and Defense of the Rights of the People and other lawyers working pro bono assisted detainees during interrogations and represented some persons charged with terrorist acts in court. Defendants enjoy a presumption of innocence and have a right of appeal.

If formal charges are filed in civilian courts against a member of the military or police, for acts performed on duty, the military prosecutor can ask for jurisdiction, which the Supreme Court occasionally granted.This was particularly significant in human rights cases from the period covered by the Amnesty Law, since military courts were more likely to grant amnesty without a full investigation.Military courts have the authority to charge and try civilians for terrorist acts, aggressions against on duty police or military personnel, and sedition.Persons arrested during demonstrations for assaulting a police officer also are brought before military tribunals c. Qualifications of Judges/Justices e. List of Penalties (highest to Civilians prosecuted in military courts lowest) have the same legal protections as 1. Capital Punishment those prosecuted in civilian courts.They - Death are entitled to counsel, the charges are 2. Afflictive Penalties public, the sentencing guidelines are the - Reclusion Perpetua same (with the exception that the death - Reclusion Temporal penalty can be imposed in a military - Perpetual or Temporay Absolute court during war time but never in a Disqualification civilian court), and the Supreme Court - Perpetual or Temporary Special ultimately may hear appeals.A military Disqualification prosecutor formulates charges and - Prision Mayor conducts the investigation, and the first - Fine instance of appeal is in a court-martial, - Bond to Keep Peace composed of two civilian and three 3. Correctional Penalties military judges. - Prision Correctional - Arresto Mayor - Suspension - Destierro - Fine - Bond to Keep Peace 4. Light Penalties - Arresto Menor - Public Censure 4. Corrections 4. Corrections a. BuCor- the seven National Prisons a. There are some 140 penal institutions of various types with a • The New Bilibid capacity for approximately 15,000 Prison in Muntinlupa City inmates. Of these about sixtyfive are

9 • The Correctional Institution for intended to house short-term (sixty-day Women (CIW) in Mandaluyong City / maximum) or remand prisoners; six are and the The CIW Mindanao, Panabo, intended for long-term prisoners; Davao twenty-three are correctional institutions • Iwahig Prison and Penal for females and are supervised by a Farm in Puerto Princesa Catholic order of nuns; one is an open City, Palawan prison, located on Isla Santa María, • Sablayan Prison and Penal southwest of Concepción; one is a Farm in Occidental Mindoro special institution for juvenile offenders; • San Ramon Prison and Penal and the remainder house prisoners serving sentences of between sixty-one Farm in Zamboanga City days and five years. These are • Leyte Regional administered by the Gendarmerie, or Prison in Abuyog, Leyte Judicial Police of Chile (Gendarmería • Davao Prison and Penal de Chile), which reports to the Ministry Farm in Panabo, Davao of Justice and numbers approximately 4,000 members.

b. BJMP- Provincial, District, and b. Punta Peuco -is a special facility Municipal Jails specifically built in 1995[ for c. Rehabilitation Programs human rights offenders located 1. Employment of Prisoners on the outskirts of Santiago as 2. Religious Services other prisons. 3. Educational Program The penal system also had been 4. Recreational program standardized since 1930, coming under 5. Library Services the jurisdiction of the minister of justice. 6. Health and Medical Services The system emphasizes the 7. Counseling rehabilitation of the offender as its d. Probation System (PD 968) primary goal.. Purpose: c. Under the Criminal Code, all persons a) promote the correction and sentenced for periods between sixty- rehabilitation of an offender by providing one days and five years are obligated to him with individualized treatment; work. Prisoners are remunerated for b) provide an opportunity for the their work on a rising scale as they reformation of a penitent offender which progress through the penal system and might be less probable if he were to are eligible for the benefits of social serve a prison sentence; and insurance on the same basis as those in c) prevent the commission of voluntary employment. However, a offenses. Grant of Probation- Subject percentage of prisoners' earnings is to the provisions of this Decree, the court deducted to cover their keep and the may, after it shall have convicted and maintenance of the penal service and sentenced a defendant and upon as a contribution toward the discharge application at any time of said defendant, of civil responsibility arising from their suspend the execution of said sentence offenses. Work can be either directly for and place the defendant on probation for the state, on contract, or on lease. such period and upon such terms and Examples of work for the state include conditions as it may deem best. manufacture of such items as road Probation may be granted whether the signs or automobile license plates, or sentence imposes a term of public road construction and imprisonment or a fine only. An maintenance. Work on contract to application for probation shall be filed private firms or individuals is still carried with the trial court, with notice to the out within the penal institution, but with appellate court if an appeal has been tools and materials supplied by the taken from the sentence of conviction. contractor. Work on lease differs The filing of the application shall be inasmuch as the private contractor is deemed a waiver of the right to appeal, responsible for the housing and or the automatic withdrawal of a pending maintenance of the prisoner in secure

10 appeal. conditions. Prisoners may also e. Parole System undertake additional discretionary work The Parole and Probation of a gainful nature within certain Administration (PPA) is an agency of limitations laid down by the prisons the Philippine government under administration. the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs. 5. Community 5. Community a. Sectors of the Community 1. The Home- the home has the well There's a system of specialized been called the cradle of human professional courts exclusively personality, for in it the child forms dedicated to take charge of family fundamental attitudes and habits that conflicts in an integral and endure throughout his life. multidisciplinary approach, counting 2. The School- the school is the with the permanent assessment of strategic position to prevent crime and psychologists and caseworkers delinquency. specialized on family issues. 3. The Church- it is the church of any The procedures are totally oral, denomination which points out to the transparent and immediate, therefore, faithful their relationship to God and their the judge and all the parts of the trial fellowmen, and who by work and must be present in all audiences and example, leads them to live a moral life. the actuations must be done without the 4. The Mass Media- considered the intervention of intermediaries. best instruments for information The trial consists of, basically, two dissemination and the best source of audiencies: the first is called knowledge for the public. It is thru the "Preparatory", if the parts don't come to mass media and radio broadcast where a pacific agreement in such instance, public opinions are formed, and that is the demand is submitted to the where there influences lies. ratification of the demanding part, then b. Crime Prevention Programs in the the counterpart is given its chance to Community answer to it. By the end of the audience, - Community-based crime the judge will decide about the relief prevention programs include those that measures and, if it is possible, will offer operate within the community and the parts a chance of mediation of involve community residents actively conciliation. The judge will also set the working with their local government object of the trial, the facts that will be agencies to address issues contributing object of proof, the admissible means of to crime, delinquency, and disorder. evidence and, finally, will set the date of Community members are encouraged to the Audience of Trial. play key roles in problem identification . and planning solutions to problems in their communities. There is wide variation in community-based crime prevention programs based on factors such as program focus, program rationale, community context (e.g., racial and social class composition in the community), and level and type of community involvement. Community- based crime prevention programs are operated by neighborhood residents, police, and faith-based organizations. Community-based crime prevention programs covered here include:

11 • Community policing - a policing approach that promotes and supports strategies to address crime-related problems through police-community partnerships; • Neighborhood Watch - a community mobilization strategy in which citizen groups organize to prevent and report neighborhood crime and disorder; • Comprehensive programs - programs such as Weed and Seed and Comprehensive Communities promote the involvement of local and state governments, the private sector, and neighborhoods to respond to violent crime and drug abuse and improve the quality of life in communities by incorporating multiple approaches; • Ad hoc law enforcement activities related to crime prevention.

c. COPS

- Community policing is a working partnership between the police and the community to prevent crime, arrest offenders, find solutions to recurring problems and to enhance the quality of life in the community. The process of civilianization requires a radical shift in mind and transformation in police institutions. Community policing appears to be the way to operationalize the civilianization of the PNP, and to bring closer the realization of the "ideal police- the protector of the people. 6. Summary of Philippine Criminal 6. Summary of Chilean Criminal Justice System Justice System Philippine Criminal Justice System Chilean Criminal Justice System consist of five pillars namely: Law consist of four pillars namely: Law Enforcement, Prosecution, Court, Enforcement, Prosecution, Court, and Correction and Community. Correction. LAW ENFORCEMENT LAW ENFORCEMENT • To enforce the law, prevent and • To enforce the law, prevent and control crime, maintain peace control crime, maintain peace and order, and ensure public and order, and ensure public safety and internal security with safety and internal security with the active participation of the the active participation of the community. community. PROSECUTION PROSECUTION • To provide a highly • To provide a highly professionalize, properly professionalize, properly motivated and people-oriented motivated and people-oriented

12 prosecution service to conduct prosecution service to conduct preliminary of complaints and preliminary of complaints and prosecute criminal actions to prosecute criminal actions to ensure fair, speedy and ensure fair, speedy and inexpensive prosecution of inexpensive prosecution of cases. cases. COURTS COURTS • To promote respect for and • To promote respect for and obedience to the Rule of Law obedience to the Rule of Law through proper and efficient through proper and efficient administration of justice. administration of justice. CORRECTION CORRECTION • To rehabilitate and reintegrate • To rehabilitate and reintegrate offenders into the mainstream of offenders into the mainstream of society and uphold their human society and uphold their human rights and dignity through speedy rights and dignity through legal and administrative speedy legal and administrative processes and provision of processes and provision of scientific and spiritual programs. scientific and spiritual programs.

COMMUNITY • To mobilize key sectors of the community in an integrated plan of action to combat crime and promote peace, order and justice. - With the above-mentioned description of the five pillars of the PCJS, it is concluded that CJS is an integrated apparatus that is concerned with the following: • apprehension- initiated by Law Enforcement • prosecution- by the prosecutor • trial by the court • conviction- by the court • sentencing- by the court • rehabilitating or correcting criminal offenders- by correction - the process is the totality of the activities of law enforcers, prosecutors, defense lawyers, judges and correctional institutions, as well as those of mobilized community in crime prevention and control. 7. Sample Case 7. Sample Case

The trial of former Philippine president General was Joseph Estrada (People of the indicted for human rights violations Philippines vs. Joseph Estrada, et al., committed in his native Chile by 26558 Sandiganbayan, September 12, Spanish magistrate Baltasar Garzón on 2007) took place between 2001 and 10 October 1998. He was arrested in 2007 at the Sandiganbayan. Estrada, London six days later and held for a popularly called Erap, was ousted from year and a half before finally being office in 2001 during a popular uprising in released by the British government in Metro Manila after an aborted March 2000. Authorized to freely return impeachment trial in which he was to Chile, Pinochet was there first

13 charged with plunder and perjury. Soon indicted by judge Juan Guzmán Tapia, after his ouster, the same charges were and charged with a number of crimes, filed against him at the Sandiganbayan. before dying on 10 December 2006, without having been convicted in any After a lengthy trial, the Sandiganbayan case. His arrest in London made the ruled Estrada not guilty of perjury while front-page of newspapers worldwide as ruling him as guilty of plunder and not only did it involve the head of the sentenced him to reclusión perpetua. All military dictatorship that ruled Chile of his co-accused were acquitted. between 1973 and 1990, but it was the first time that several European judges Prosecution's case applied the principle of universal jurisdiction, declaring themselves The Philippine government's prosecution competent to judge crimes committed team was led by Special Prosecutor by former heads of state, despite local Dennis Villa-Ignacio and other amnesty laws. government lawyers. Their case against Joseph Estrada was based on the Pinochet came to power in a violent 11 following: September 1973 coup which deposed Socialist President Salvador Allende. On October 22, 2007, Acting Justice His 17-year regime was responsible for Secretary Agnes Devanadera stated that numerous human rights violations, a Joseph Estrada is seeking a "full, free, number of which committed as part of and unconditional pardon" from , an illegal effort to President Gloria Macapagal-Arroyo. suppress political opponents in Chile Estrada's lawyer Jose Flaminiano wrote and abroad in coordination with foreign Arroyo: "The time has come to end intelligence agencies. Pinochet was President Estrada's fight for justice and also accused of using his position to vindication before the courts. Today pursue personal enrichment through [Monday], we filed a withdrawal of his embezzlement of government funds, the Motion for Reconsideration." Estrada, 70, illegal drug trade and illegal arms trade. stressed the "delicate condition" of his The found that at least mother in asking for pardon. 2,279 persons were conclusively murdered by the Chilean government On October 25, 2007, President Gloria for political reasons during Pinochet's Macapagal-Arroyo granted executive regime, and the Valech Report found clemency to Joseph Estrada based on that at least 30,000 persons were the recommendation by the Department tortured by the government for political of Justice. Acting Executive Secretary reasons. and Press Secretary Ignacio R. Bunye quoted the signed order: "In view hereof Pinochet's attorneys, headed by Pablo in pursuant of the authority conferred Rodríguez Grez (former leader of the upon me by the Constitution, I hereby far-right group ), grant Executive clemency to Joseph argued that he was entitled to immunity Ejercito Estrada, convicted by the from prosecution first as a former head Sandiganbayan of plunder and imposed of state, then under the 1978 amnesty a penalty of reclusion perpetua. He is law passed by the military junta. They hereby restored to his civil and political furthermore claimed that his alleged rights." Bunye noted that Estrada poor health made him unfit to stand trial. committed in his application not to seek A succession of judgments by various public office, and he would be free from Courts of Appeal, the Supreme Court, his Tanay resthouse on October 26, medical experts, etc., led to Pinochet's noon. On October 26, 2007, after almost successive house arrest and liberation, seven years of detention, Joseph before he finally died on 10 December Estrada was finally released after the 2006, just after having been again put Sandiganbayan promulgated the under house arrest on 28 November resolution. 2006 in the Caravan of Death case.

14 By the time of his death, Pinochet had been implicated in over 300 criminal charges for numerous human rights violationsincluding the Caravan of Death case (case closed in July 2002 by the Supreme Court of Chile, but re- opened in 2007 following new medical expertises), Carlos Prats's assassination (case closed on 1 April 2005), Operation Condor (case closed on 17 June 2005), Operation Colombo, Villa Grimaldi case, Carmelo Soria case, Calle Conferencia case, Antonio Llidó case, Eugenio Berrios case, tax evasion and passport forger

References: http://en.wikipedia.org/wiki/Trial_of_Joseph_Estrada https://www.google.com.ph/search? q=supreme+court+decision+chile+pinochet&ie=utf-8&oe=utf- 8&rls=org.mozilla:en-US:official&client=firefox- a&gws_rd=cr&ei=JU9WUuKdL8iHrge714DYDg http://en.wikipedia.org/wiki/Indictment_and_arrest_of_Augusto_Pinochet

15