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Friday, November 6, 1998 Published at 17:10 GMT


UK

Spanish Government backs Pinochet extradition

A vigil held at the Houses of Parliament before the hearing

The Spanish Government has approved a judge's request to seek the extradition of the former Chilean dictator, General Pinochet, from Britain.


BBC Legal Affairs Correspondent Joshua Rozenberg reports on the Law Lords' hearing
The general, who was detained in London while undergoing medical treatment last month, is wanted on charges of genocide, terrorism and torture while he ruled Chile after overthrowing President Allende in 1973.

The House of Lords in Britain, who will make a final decision on the legality of the general's arrest, has adjourned the case until Monday.

Meanwhile, Chile is reported to be recalling its ambassador to Spain "for consultations".

Plea for release

When the case resumes, General Pinochet's lawyers will argue that the former Chilean dictator should be released from arrest and allowed to return home.

The case was taken to Britain's highest court on appeal after the High Court ruled that General Pinochet's arrest was unlawful, because he has sovereign immunity.

The Crown Prosecution Service (CPS) - acting for the Spanish authorities, says that the former dictator has no right to immunity against claims of "savage and barbarous crimes".

The 82-year-old general, who was arrested on 16 October, is recovering from back surgery at a private clinic in north London as he awaits the outcome of the hearing.


[ image: The lawyers representing General Pinochet - will start arguing their case on Monday]
The lawyers representing General Pinochet - will start arguing their case on Monday
If the Lords rule in General Pinochet's favour when they deliver their judgment, he could be freed immediately.

The CPS has not said whether it will pursue the case to the European Court of Justice if its appeal to the Lords is rejected.

Pablo Longueira, a right-wing Chilean congressman, said General Pinochet had hoped a ruling would already have been made.

"He is confident that justice will be made and he will be able to return to Chile," Mr Longueira told Radio Agricultura of Santiago after visiting the former dictator.

The hearing


Jane Peel explains what lies in store for General Pinochet in the House of Lords
During the first two days of the appeal hearing, which started on Wednesday, lawyers for the prosecution argued that England's 1978 State Immunity Act, under which the High Court quashed Pinochet's arrest, should be superseded by international conventions that Britain has signed.

Prosecutors also contended that General Pinochet violated Chile's 1925 constitution, which remained in force for seven years after his military coup.

Alun Jones, a lawyer representing a Spanish magistrate, British prosecutors and the Spanish Government, said the Chilean constitution outlawed torture and unlawful arrest and imprisonment.


[ image: General Pinochet in hospital and under arrest]
General Pinochet in hospital and under arrest
In a rare move, the Law Lords also agreed to hear representations on behalf of Amnesty International, the Redress Trust, the Medical Foundation for the Care of Victims of Torture, the family of "disappeared" Anglo-Chilean William Beausire and British torture victim Dr Sheila Cassidy.

The groups were represented by Professor Ian Brownlie, QC, who argued that Britain must not squander the opportunity to hold General Pinochet responsible for alleged human rights abuses during his 17-year regime.

"[This] is the most important and significant opportunity to breach that wall of impunity, " Mr Brownlie said.





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03 Nov 98 | UK
Spain puts pressure on Pinochet

29 Oct 98 | The Pinochet file
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29 Oct 98 | Talking Point
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28 Oct 98 | UK
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26 Oct 98 | UK
Switzerland calls for Pinochet extradition

26 Oct 98 | The Pinochet file
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26 Oct 98 | The Pinochet file
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Internet Links


Amnesty International report - Pinochet's rule

House of Lords

Crown Prosecution Service

President of Chile


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