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Monday, January 4, 1999 Published at 15:08 GMT


World

Chile changes tack in Pinochet case

Pinochet is accused of genocide and torture during his rule

The Chilean Government is reportedly seeking direct representation for the first time in British extradition proceedings against the former dictator General Augusto Pinochet.

The pinochet File
Chile is expected to submit a request to the House of Lords, the UK's highest court, on Thursday, asking to take part in this month's hearing to decide the general's fate.

The former military ruler is wanted in Spain on charges of genocide and torture during his rule from 1973 to 1990.


[ image: Pinochet's arrest has sparked protest from Chilean supporters and opponents]
Pinochet's arrest has sparked protest from Chilean supporters and opponents
The Law Lords ruled in November that he was not immune from extradition despite being a former head of state.

But the decision was set aside after one of the judges failed to disclose his links with Amnesty International which was represented in the case.

Chile's acting Foreign Minister, Mariano Fernandez, told the Santiago newspaper El Mercurio that the government would not defend Mr Pinochet personally at the re-hearing on 18 January.

Rather, it would argue that he must be judged in the country where his alleged crimes were committed.

Legal principles

Until now, the government's main stand had been that the general enjoys immunity from prosecution as a former head of state.

"We will appeal to the equality of states, and the English will have to decide what is most important to them: to extradite Pinochet to Spain because a Spanish judge has presented politically important but legally weak arguments; or to respect the principles of international law," Mr Fernandez said.

Mr Pinochet is currently being held under house arrest outside London pending the outcome of the extradition request from Spain.

The Chilean Government says the crisis sparked by Mr Pinochet's arrest threatens the fragile democracy set up after he stepped down.





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22 Dec 98 | The Pinochet file
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Internet Links


UK House of Lords - Judicial Information

Chilean Ministry of Foreign Affairs (in Spanish)

El Mercurio (in Spanish)


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