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Monday, December 28, 1998 Published at 17:42 GMT


UK Politics

Pinochet case 'damaged' UK justice

Law Lords: No "crying over spilt milk"

The Law Lords' conduct in the case of General Augusto Pinochet was "unfortunate" and "damaging", according to the Lord Chancellor, Lord Irvine.


Lord Irvine: "We must ensure this does not happen again"
Lord Irvine told the BBC that the case had the potential to bring British justice into disrepute "under the eyes of the world" and procedures should be introduced to prevent such circumstances occuring again.

The pinochet File
Gen Pinochet was arrested during a visit to the UK in October at the request of Spanish judges who want to extradite him to stand trial for charges of murder allegedly committed as ruler of Chile from 1973 to 1990.


[ image: Lord Irvine:
Lord Irvine: "Unfortunate"
The case went to the House of Lords, the highest court in the UK, where Law Lords decided by a majority verdict of 3-2 that the former dictator did not have sovereign immunity and could face extradition procedures.

The decision was then overruled by a panel of five Law Lords, who unanimously agreed that the links of one of the earlier lords, Lord Hoffmann, with Amnesty International meant their verdict could not stand. The issue of extradition will now be reconsidered in the New Year.


The BBC's Joshua Rozenberg: Lord Irvine: Whole episode has been damaging
Lord Irvine told the BBC that the "unprecedented" decision was "in the highest degree unfortunate, because it does have the tendency to bring the legal system into disrepute".

"And this was, of course, litigation where the eyes of the world were upon us.


[ image: Lord Hoffmann: Law lords should declare interests]
Lord Hoffmann: Law lords should declare interests
He said: "But what is necessary is not to cry over spilt milk, but to see that procedures are put in place to ensure that this does not happen again."

He went on to say that any future committee of Law Lords "should address together whether there are any circumstances that... might give rise to an appearance of a conflict of interest".


Bruce Houlder QC: "It is rather comforting that judges are members of human rights groups"
Lord Irvine refused to be drawn on the position of Lord Hoffmann, whose role within Amnesty International Charity Ltd caused the overturning of the original Law Lords' decision.

He said he would await the Law Lords' judgement on the matter before commenting.



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17 Dec 98 | UK Politics
Lord Chancellor: Ensure future impartiality

17 Dec 98 | UK Politics
Pinochet gets new hearing

15 Dec 98 | The Pinochet file
The Pinochet case: Timeline





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