DATE=10/20/98
TYPE=BACKGROUND REPORT
NUMBER=5-41638
TITLE=PINOCHET / INTERNATIONAL LAW
BYLINE=BILL RODGERS
DATELINE=WASHINGTON
CONTENT=
VOICED AT:
INTRO: BRITAIN'S DETENTION OF FORMER CHILEAN DICTATOR AUGUSTO
PINOCHET MAY HELP BREAK NEW GROUND IN INTERNATIONAL HUMAN RIGHTS
LAW BY MAKING IT HARDER FOR THOSE ACCUSED OF CRIMES AGAINST
HUMANITY TO ESCAPE JUSTICE. V-O-A'S BILL RODGERS REPORTS ON THE
DETENTION'S LEGAL IMPLICATIONS.
TEXT: BRITAIN IS HOLDING GENERAL PINOCHET AT THE REQUEST OF
SPAIN, WHICH WANTS TO EXTRADITE HIM TO ANSWER QUESTIONS ABOUT
HUMAN RIGHTS VIOLATIONS COMMITTED AGAINST SPANISH NATIONALS AND
OTHER FOREIGNERS DURING HIS 17-YEAR MILITARY RULE OF CHILE.
BRITISH AUTHORITIES DETAINED THE FORMER DICTATOR (FRIDAY 10/16)
AT A LONDON HOSPITAL, WHERE HE HAD UNDERGONE BACK SURGERY.
IN RECENT YEARS, IT HAS BECOME MORE COMMON FOR NATIONS OR
INTERNATIONAL TRIBUNALS TO REACH ACROSS NATIONAL BORDERS TO
APPREHEND THOSE SUSPECTED OF GENOCIDE, TORTURE AND OTHER CRIMES
AGAINST HUMANITY. ACCORDING TO MANY HUMAN RIGHTS MONITORS AND
LEGAL SCHOLARS, THE DETENTION OF GENERAL PINOCHET FURTHER
STRENGTHENS THIS TREND IN INTERNATIONAL HUMAN RIGHTS LAW. JOEL
SOLOMON OF HUMAN RIGHTS WATCH EXPLAINS.
///SOLOMON ACT///
THAT'S WHERE THE VERY IMPORTANT STEP FORWARD IS TAKING
PLACE IN THIS CASE BECAUSE INTERNATIONAL LAW DOES
RECOGNIZE THAT FOR CRIMES AGAINST HUMANITY ANY COUNTRY
HAS JURISDICTION OVER THOSE CRIMES. MANY, MANY YEARS
AGO WE SAW A SIMILAR CONCEPT IN PIRACY WHERE ANY COUNTRY
COULD TRY A PIRATE EVEN IF THE COUNTRY BRINGING THE
PIRATE TO COURT DIDN'T SUFFER THE ACTS OF THAT
PARTICULAR PIRATE. LATER WE SAW THESE PRINCIPLES IN THE
NUREMBERG TRIALS. SO THIS IS SOMETHING THAT HAS BEEN
AROUND AS A CONCEPT FOR QUITE AWHILE, BUT IT'S NEW THAT
THE SPANISH GOVERNMENT IS APPLYING IT AND THAT'S WHY
IT'S SUCH AN IMPORTANT STEP FORWARD.
///END ACT///
GENERAL PINOCHET, WHO RELINQUISHED POWER IN 1990, TRAVELLED TO
BRITAIN WITH A DIPLOMATIC PASSPORT. HIS LAWYERS ARE CLAIMING
DIPLOMATIC IMMUNITY TO CONTEST HIS ARREST AND POSSIBLE
EXTRADITION TO SPAIN. BUT THE 1961 VIENNA CONVENTION ON
DIPLOMATIC RELATIONS WOULD SEEM TO EXCLUDE THE FORMER DICTATOR.
THE CONVENTION SAYS DIPLOMATIC IMMUNITY IS NOT DESIGNED TO
PROTECT AN INDIVIDUAL, BUT TO ENSURE THE FUNCTIONING OF
DIPLOMATIC MISSIONS. LEGAL EXPERTS NOTE GENERAL PINOCHET WAS NOT
ON DIPLOMATIC BUSINESS WHEN HE TRAVELLED TO LONDON.
BUT EVEN IF HE IS SUCCESSFUL IN FIGHTING EXTRADITION, JOEL
SOLOMON OF HUMAN RIGHTS WATCH BELIEVES AN IMPORTANT PRECEDENT HAS
BEEN SET.
///SOLOMON ACT///
I THINK THAT THE MESSAGE WILL REMAIN NO MATTER WHAT THE
OUTCOME OF THE PINOCHET DETENTION. THE MESSAGE WILL
REMAIN THAT DICTATORS CANNOT EXPECT SAFE-HAVEN ABROAD
JUST BECAUSE THEY'VE BEEN ABLE TO CARVE OUT SOME SAFE
HAVEN AT HOME. AND THAT WILL BE POSITIVE NO MATTER WHAT
HAPPENS WITH GENERAL PINOCHET.
///END ACT///
GENERAL PINOCHET, WHO LED A MILITARY COUP THAT OVERTHREW AN
ELECTED MARXIST GOVERNMENT IN 1973, IS ACCUSED OF PRESIDING OVER
A BLOODY DICTATORSHIP. SOME THREE-THOUSAND PEOPLE WERE KILLED IN
CHILE AND HUNDREDS OF OTHERS DISAPPEARED DURING HIS RULE.
HOWEVER, GENERAL PINOCHET WAS GRANTED IMMUNITY FROM PROSECUTION
UNDER CHILE'S CONSTITUTION WHICH WAS DRAFTED AND ADOPTED WHILE HE
WAS IN POWER. (SIGNED)
NEB/WFR/JO
20-Oct-98 4:00 PM EDT (2000 UTC)
NNNN
Source: Voice of America
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