The Supreme Court in Chile upheld a lower court decision that ruled that the former dictator of the country, Augusto Pinochet, can be tried on charges of murder and kidnapping for incidents that occurred during his 18 year reign as ruler of the country.

Pinochet is now 89 years old and in poor health. His attorneys asserted that the ex-dictator was not mentally alert enough to defend himself in a criminal trial. The five judge panal voted 3-2 against Pinochet who ruled the country between 1973 and 1990.

More than 3,000 were killed while Pinochet was the ruler of Chile and some 27,000 more were tortured by the government. He took power after a coup encouraged by the United states in 1973. The previous leader of Chile, Salvador Allende, was a Marxist. Although he was democratically elected, the United States saw fit to oust him from power.

Today, Pinochet has heart problems, diabetes and gout. He has also suffered a series of strokes that have caused a minor case of dimentia. He needs help standing up, sitting down and to walk and is sometimes disoriented.

His defense team will have more chances to block the trial before it goes forward. If they prevent a trial from taking place for a long enough time, Pinochet may die of natural causes before he can be tried.