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Pinochet Update

On April 8th, British prosecutors's aides say the former Chilean dictator could face trial in Britain on torture charges should the Home Secretary's decision be not to extradite him to Spain. "We could look to see if a prosecution would be possible in this country," says a spokeswoman for the state Crown Prosecution Service. "We would consider the evidence according to our code which we would use for any case." She adds that Britain's Attorney-General John Morris would have to consent to the prosecution. Morris has already declined to approve a private prosecution of Pinochet over the 1975 disappearance of a British businessman in Chile.

In the meantime, Spanish Judge Baltasar Garzon has added 11 new torture cases to strengthen his extradition case, while the NY-based Human Rights Watch (HRW) says it has written to Jack Straw, listing 111 cases of torture it claims were committed under Pinochet's rule and after 1998. The group says that these cases of alleged torture occurred in the 18-month period from October 1988 to March 1990, and that 41 people were given electric shocks, while twelve died after torture. The group adds that at least 42 of the torture victims were arrested for political reasons. Following the House of Lords's latest decision, HRW says Britain is obliged to extradite or prosecute Pinochet under the U.N. Torture Convention. (For the House of Lords decision, see JE # 7)

However, on April 15, Jack Straw announces his decision to allow Pinochet's extradition to Spain, thus giving the go ahead for the proceedings with the issuing of an Authority to Proceed. The former Chilean dictator now faces months of legal proceedings.

While anti-Pinochet groups express joy over the decision, Judge Baltasar Garzon, the chief Spanish prosecutor, is reported to be "moderately satisfied" with Mr. Straw's ruling, adding that "there still remains a long process to go through".

Human rights organizations are more enthusiastic. Amnesty International's Brendan Paddy, who has been very active throughout the whole legal battle, says he is "extremely pleased" with the decision. "Jack Straw has recognized that even one case of torture is one too many and constitutes a crime for which General Pinochet must be put on trial," he says. And the New York-based Human Rights Watch declares : "After 25 years of impunity, this definitive decision means that Pinochet will finally have to answer for his terrible crimes."

Viviana Diaz, speaking for the families of the "desapparecidos" (the "disappeared" during Pinochet's rule) says: "We hugged each other and we sang ... the terrible crimes of which Pinochet is accused should not go unpunished."

On the other hand, Pinochet supporters are outraged that the 83-year-old would be forced to sit through extradition proceedings, with Mrs. Thatcher saying the decision is not that of a "fair-minded man". Protests are held outside the British and Spanish embassies in Santiago, while the Chilean Government denounces the proceedings as an "outrage".

In Chile, Mario Rios, the Deputy Speaker of the Chilean Senate, accuses the UK of using General Pinochet to distract international attention away from NATO air strikes against Yugoslavia. Gonzalo Townsend's comments hint at budding divisions among General Pinochet's supporters. He accuses the Pinochet Foundation of organizing a poor defense.

Pro-Pinochet Tory MP (NB : i.e., a conservative Member of Parliament. The Labour party is currently the governing party in Great Britain.) John Wilkinson also asks questions in the British Parliament, calling for a debate and drawing the House of Common's attention to Chile's decision to recognize Argentina's claim to the Falklands and to cut air links with the islands.

General Pinochet's lawyers have asked for a two-week adjournment to consider Mr. Straw's decision.  

Where noted, images courtesy of BBC Online