| The Rt Hon Jack Straw, M.P.
Home Office
50 Queen Anne's Gate
London SW1H 9AT
Fax: +44 (0)171 273 3965
26th March 1999
Ref. Former General Augusto Pinochet
Dear Sir,
The decision by the Law Lords to agree with
the previous ruling, in the case of General Pinochet's extradition to Spain, has sent a
clear message across the world that the UK will not tolerate human right abusers in this
country. Moreover, it has lit a candle of hope for the victims of brutal regimes that they
may at last get truth and justice. It is therefore imperative that the Labour Government
respects the Law Lords decision and we urge the Government to continue to support the case
of Justice and facilitate the extradition of General Pinochet to Spain.
As you well know, General Pinochet will not
be brought to justice in Chile, regardless of however many cases that are opened against
him in the Chilean Courts. During his regime General Pinochet passed an Amnesty Law and
introduced Constitutional Provisions to ensure that he has absolute immunity in Chile.
Even were he to have his immunity overturned his case would be automatically turned over
to the Military Courts, who would naturally never find him guilty of any crime.
The new ruling by the
Law Lords has stated that only crimes committed after 1988 are allowed within the
extradition warrant. This does not diminish the seriousness of the abuses, but rather
enhances them. General Pinochet may claim that he was "fighting a battle against the
left" in the early years of the coup, but in no circumstances can this be true in
1988. Indeed the list of human right abuses post 1988 (and there are many), is further
proof of his disregard for human rights. The 'Torture Convention' states that "If
the states with the most obvious jurisdiction (i.e. Chile) did not seek to extradite, the
state where the alleged torturer was found had to prosecute, or extradite to another
country". Furthermore, in Pinochet's indictment there are over 1000 cases of
forced "disappearances". This is a permanent crime which is qualified as a
"torture" by the UN Forced Disappearances Convention (December 18, 1992) and The
European Court of Human Rights in 1988. These crimes are imprescriptible, therefore they
have continued after 1988.
The British government must continue to stand
firm in its commitment to international law and to show that it has the strength of will
to back legal decisions with firm action, to ensure that men such as General Pinochet do
not have impunity from their crimes. His victims, their families and those around the
world who work tirelessly for human rights, deserve no less.
For Truth and Justice to survive it needs to
be upheld and made to work by exemplary democracies. This is a crucial advance in the
struggle for human rights against the impunity of tyrants.
Yours sincerely, |