RIGHTS-CHILE: World Opposition Begins to Fence in Pinochet

By Tito Drago Reprint | | Print |

Tito Drago

MADRID, Jan 25 2000 (IPS) - Pressure is mounting in several European countries and Chile to try General Augusto Pinochet, currently under house arrest in London, for crimes committed under his Chilean dictatorship (1973-1990).

As time ran out under the deadline imposed by British Home Secretary Jack Straw for Pinochet’s accusers to present their legal challenges, the international clamour against releasing the former dictator grew louder.

The Belgian government filed a challenge Tuesday with the High Court of London in an attempt to prevent Pinochet’s release. The French and Swiss courts have declared they will follow suit.

While in Chile six attorneys announced they would demand that Congress remove Pinochet from his seat as senator-for-life, judge Baltasar Garzón in Spain filed an appeal with Britain’s legal authorities that calls for recourse in British courts if Straw ultimately rejects Spain’s extradition request.

Ten days ago, after receiving medical reports on Pinochet’s health, Straw stated that he “was inclined” toward refusing the extradition because, in his judgment, the 84-year-old former dictator was too ill to face trial in Spain.

This argument is vehemently rejected by Garzón, the prosecuting attorneys, human rights organisations and the families of the Pinochet dictatorship’s victims.

Following a series of incidents between the Spanish government and judge Garzón, the magistrate was able Monday to convince the Foreign Ministry to forward his challenge to the British judicial authorities.

Spain’s foreign minister Abel Matutes affirmed last week that his government would not appeal Straw’s ruling if he decides to release Pinochet and invoked an agreement with the Chilean government to this effect.

The tension between Garzón and the government reached the extreme that the Foreign Ministry withheld communication from British legal authorities intended for the judge.

Only after Garzón’s insistence and a public outcry against the Foreign Ministry’s attitude did the officials forward the document to the judge.

Garzón, who already had a copy of the document (through unofficial channels), worked on his response over the weekend, turning it over to the Spanish government to be sent to London. He also sent a copy to the British courts via fax.

In his challenge to the Home Secretary’s statements, Garzón underscores that if Straw decides against continuing with Pinochet’s extradition process to Spain, he must lodge such a resolution with the appropriate London courts.

Garzón states in the document sent to London that, because the medical report was not released to the interested parties, they were unable to form opinions on Pinochet’s health to be included in their legal challenges.

Straw says he has retained the medical reports to protect Pinochet’s patient confidentiality.

In order to make their legal challenges, adds Garzón, they must be able to review the same reports that are available to the British Home Office, and calls for a new medical exam to by carried out under the “prior designation of two forensic doctors who are experts in psychiatry.”

The Spanish judge also stresses that Pinochet neither requested the earlier medical exam nor did he ask to be returned to Chile for health reasons. Such is the case that Pinochet has maintained his appeal before the British High Court against the ruling by the Chamber of Lords that approved his extradition to Spain.

Pinochet would be granted full guarantees for his defence in Spain, emphasised Garzon.

But “at the current time the only right to defence that is not being respected, and which violates the Constitution, is the victims’ right to defence, who are being prevented the opportunity to designate a medical expert to examine the accused,” affirms Garzón.

Lastly, the judge demands that Straw consider that “the extradition is based, both in Britain and Spain, on compliance with the European Agreement on Extradition and the Convention against Torture, obligatory international commitments for all States that have ratified them.”

Spain, Great Britian and Chile all have ratified the Convention Against Torture.

Meanwhile, the Spanish lawyers who are advising Pinochet maintain that a trial of the former dictator in Madrid would violate Spanish law, as the accused would not be able to exercise his right to defence because he is impeded by his poor health.

But they, too, have refused to release the medical report upon which Straw based his statements Jan 11.

The Spanish government has repeated that it respects, and will continue to respect, the independence of its Judicial branch. It has also communicated to Chile that it will not appeal Straw’s final decision.

The most complicated issue for Spain’s premier, José María Aznar, is that this controversy is occurring in the middle of electoral campaigns, as he announced the dissolution of parliament Jan 17 and called general elections for March 12.