Newsgroup: it.politica
Titolo: House of Lords upholds Pinochet's extradition

Taken from the World Socialist Web Site of the International Committee
of the Fourth International (ICFI):  
http://www.wsws.org
House of Lords upholds Pinochet's extradition
By Chris Marsden
26 November 1998
Britain's House of Lords has ruled that as a former head of state,
the ex-Chilean dictator Augusto Pinochet does not have
"sovereign immunity" from prosecution on charges of murder,
torture and genocide.
After six days of deliberation, the 3-2 judgement by a panel of
Law Lords overturned the October 28 High Court ruling that the
dictator was "entitled to immunity as a former sovereign from the
criminal and civil process of the English courts." Lord Slynn and
Lord Lloyd ruled in favour of Pinochet, but Lords Nicholls, Steyn
and Hoffman endorsed the appeal by the Crown Prosecution
Service on behalf of the Spanish authorities seeking his
extradition.
Outside Parliament and the exclusive clinic where Pinochet and
his family are ensconced, the news was greeted with elation by
demonstrators, many either themselves victims or relatives of the
disappeared.
Leticia Sabimana told reporters from the World Socialist Web
Site how three of her work mates had disappeared during
Pinochet's rule, and how her father and cousin were tortured. "It is
a victory. All I can think about is what the families of Pinochet's
victims must be feeling. This is not just a victory for Chile, but for
all humanity."
Ana Maria Perez said, "The result was just. It is the beginning of
the struggle against all crimes against humanity. There will be
problems in Chile. The right wing will not accept this position and
they will move against those who are celebrating. Chilean people
in the past did not dare do anything, but now they have been
strengthened."
Marcela Blaza said, "I am overjoyed for all the people who have
died and suffered. At least this is a little bit of justice. Pinochet is
the head, but there are still a lot of torturers in Chile to be dealt
with."
Mabelle Borgha from Peru explained, "The decision gives us all
hope that these people all over the world who are committing
tortures and crimes will not be received as VIPs. It will give
confidence to people in other Latin American countries to fight
against assaults on human rights. Now we know the way, we will
go after the others."
In the Chilean capital of Santiago and in Spain there were similar
scenes of jubilation. In contrast, right-wingers in Chile physically
attacked domestic and foreign reporters, denouncing them as
"sons of whores!" Pinochet's supporters will now mount a political
campaign against extradition to Spain, whose warrant takes
precedence over similar requests from Switzerland, France and
Belgium.
It remains uncertain, however, whether any prosecution will go
ahead. The final decision is in the hands of Britain's Home
Secretary Jack Straw, who has the right to decide whether or not
to accept Spain's extradition warrant and issue an Authority to
Proceed under the Extradition Act of 1989. If he decides not to
proceed, Straw will have to cancel the arrest warrant and order
Pinochet's release from custody. A Bow Street magistrates' court
earlier charged that Straw's decision must be made by
December 2, the day Pinochet is scheduled to appear at a
preliminary court hearing.
The Chilean government immediately said that it rejected the
House of Lords verdict and pledged to do everything possible to
secure Pinochet's release. It is sending its foreign minister to
London and Madrid. But the Labour government in Britain and the
right-wing Popular Party government in Spain both initially
refused to make any comment. This reflects the explosive
character of the political issues raised by Pinochet's arrest and
possible trial.
Pinochet's bloody 1973 coup was conducted under the direction
of the American CIA and actively supported by Britain and Spain.
During both the High Court hearing and the House of Lords
appeal, Pinochet's lawyers repeatedly raised the implications his
arrest had for other heads of state. They concentrated on the
possibility that others, such as former British Prime Minister
Margaret Thatcher, could face arrest in hostile Latin American
countries, but also noted the long history of friendly relations
between Chile and Britain throughout Pinochet's rule.
What remained unstated at that time was the fact that Pinochet
was not acting alone. If a prosecution were to proceed, both
defence and prosecution lawyers could raise the central role
played by the US government in the repression in Chile, including
figures such as then-National Security Adviser Henry Kissinger.
Pressure will grow for the US to release its secret files on the
1973 coup and the murder campaign against leftists throughout
Latin America known as "Operation Condor". Calls have already
been made for the mass of American documents that remain
classified or have been released only in a censored form to be
published. For this reason, a prosecution mounted against
Pinochet could become transformed into a trial of the major
imperialist governments in-absentia.
Margaret Thatcher expressed this best, when, in the midst of an
entreaty for "compassion" for the "old, frail and sick"
senator-for-life, she added, "the national interests of both Chile
and Britain would be best served by releasing him."
Pinochet has never been prosecuted in Chile because of the
amnesty provisions included in the country's so called "transition
to democracy". A pretence of constitutional legality was pasted
over a society characterised by extremes of wealth and poverty,
in which a ruthless police-military apparatus still retains
extraordinary power. None of those responsible for fascistic terror
against the Chilean people has been brought to justice.
If Chile's "transition to democracy" were placed in question, it
would have repercussions for many other Latin American
countries where similar transitions were made, such as in
Argentina. Moreover, Spain provided the model for this type of
transition itself. A new constitution was drafted in 1978, backed
up with a 1977 amnesty law, that protected the cohorts of the
fascist dictator Franco--many of whom still play a leading role in
the government, the state apparatus and big business.
Readers: The WSWS invites your comments. Please send e-mail to :
edi...@wsws.org

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