-Caveat Lector-

>From Irish Times

NEWS UPDATEThursday, December 17, 1998<Picture>

British Lords allow
Pinochet Petition

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11.45 a.m.: General Augusto Pinochet was this morning given new hope that
he could escape extradition from Britain to Spain when the British House of
Lords allowed a petition to set aside an earlier Law Lords' ruling denying
him immunity from arrest and extradition.

In an unprecedented move, a panel of five senior past and present Law Lords
decided unanimously to accept an application to rescind the Lords' November
25 decision on immunity, over concerns about possible bias.

The panel spent two days listening to arguments that links between Lord
Hoffmann, one of the Law Lords who made the original decision, and the
human rights group Amnesty International gave rise to "a real danger of
bias."

Lord Hoffmann, a longtime director and chairman of Amnesty's charity arm
Amnesty International Charity Ltd whose wife also works for Amnesty, cast
the deciding vote in the original Lords ruling, which was passed by a 3-2
majority.

The decision by fellow Law Lords to set aside that judgement will come as a
severe embarrassment to Lord Hoffmann, a South African-born liberal,
particularly if in the full ruling there is significant criticism of his
apparent failure to appreciate the need to disclose his Amnesty links ahead
of the original, costly six-day hearing.

That historic judgment cleared the way for Mr Straw's decision to authorise
the lengthy extradition process, as Spanish authorities seek to get
Pinochet sent to Madrid to face a long list of alleged human rights crimes
relating to his 1973-90 rule.

By finding in the 83-year-old general's favour, the Lords opened the way
for a complete rehearing of the whole immunity issue, possibly sometime
next month.

That could take even longer than the original six-day hearing as, in
addition to Amnesty, the Chilean government could also seek to make
representations, as might the governments of European countries other than
Spain which have expressed an interest in extraditing Pinochet.

The Lords' landmark ruling left human rights campaigners disappointed while
General Augusto's Pinochet's supporters were celebrating. Carlos Reyes,
spokesman for Chile Democratico and Chileans in Exile, said he feared the
decision would lead eventually to the collapse of the case against the
former dictator.

Mr Reyes said: "I am in total shock at this decision. It appears that the
Law Lords have ruled that anyone who is concerned with human rights could
be biased in this case. Many of the lawyers who are working for Pinochet
are concerned with human rights. It is completely wrong.

"It seems to me that this could be a way out for Pinochet. From the very
beginning I believed justice would be done and would be seen to be done.
Now I am not so sure."

Amnesty International chairman Andy McEntee said: "We are disappointed in
terms of the time and effort expended and in terms of having to come back
and do it all over again.

(PA)



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