Ultimo comunicado de prensa de AI con respecto a Pinochet.
Martha
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* News Release Issued by the International Secretariat of Amnesty
International *
News Service: 242/98
AI INDEX EUR 45/33/98
9 DECEMBER 1998
Pinochet decision: The birth of a new era for human rights
The UK Home Secretary's decision to order the application for
extradition to proceed in the case of Augusto Pinochet signals the birth
of a new era for human rights, Amnesty International said today.
"On the eve of the 50th anniversary of the Universal Declaration of
Human Rights, victims of human rights violations and human rights
defenders the world over could not have wished for a better
reaffirmation of the principles contained in the Declaration," Amnesty
International said.
The Spanish government's submission of a formal request for extradition,
the UK House of Lords' ruling against the former general being entitled
to immunity, and this latest decision by the UK Home Secretary
constitute some of the most important developments in human rights since
the adoption of the Universal Declaration of Human Rights in 1948.
"Given the appalling number of human rights violations still taking
place all over the world, this week's anniversary is a day of shame for
many governments," the organization stressed, "so it is profoundly
uplifting to witness such a major step against impunity, particularly
after a quarter century of struggle by victims and their relatives in
Chile."
After Jack Straw's landmark decision, the next step is for the
Metropolitan Magistrate to satisfy himself that the Spanish, Swiss,
Belgian or French governments have produced enough evidence to justify
the extradition. Should this be the case, the Magistrate will order that
the former general remains in detention, pending the decision of the
Home Secretary as to whether to surrender him to the authorities of the
four governments, or, if the Attorney General of England and Wales opens
a criminal investigation, to keep him in the UK. It would be
impermissible under English or international law for political, economic
or other grounds to play any role in this decision.
"Through his self-appointed parliamentary status, the 1978 self-amnesty
law and special provisions in the Chilean constitution, Augusto Pinochet
has built an impenetrable legal wall around himself and others accused
of human rights violations -- making a trial in Chile virtually
impossible," Amnesty International said. "Today's decision takes victims
and their relatives one major step closer to justice."
Background
Augusto Pinochet's arrest in London on 17 October 1998 was the result of
a commission rogatoire (official petition to question him), filed by
judge Baltazar Garz�n of the Spanish National High Court (Audiencia
Nacional). Judge Garz�n had been investigating cases of human rights
violations constituting crimes against humanity, committed in Chile
under Augusto Pinochet's regime.
On 28 October 1998 the UK High Court declared his detention unlawful on
the grounds that he enjoyed immunity from prosecution as a former head
of state. Amnesty International was granted leave to appear as a third
party intervenor to address the legal concerns surrounding the arrest in
an appeal of the High Court judgment, which was subsequently brought
before the House of Lords.
The armed forces under Augusto Pinochet's command implemented a policy
based on systematic and massive human rights violations and large-scale
repression, exerting absolute control over the resources of the State
and using these to commit human rights violations, passing repressive
laws, denying victims judicial remedies, using the judicial system to
persecute opponents, placing society in a situation of total
defencelessness, and generating an atmosphere of terror among the
population.
These crimes against humanity committed through State terrorism
activities, according to international law, are subject to the
principles of universal jurisdiction. Also, the Organic Law of the
Judiciary and the Spanish Penal Code contain provisions granting
jurisdiction to the Spanish judges to try these crimes.
ENDS.../
Amnesty International, International Secretariat, 1 Easton Street,
WC1X 8DJ, London, United Kingdom
