DATE=03/29/99
TYPE=U-S OPINION ROUNDUP
NUMBER=6-11214
TITLE=GENERAL PINOCHET'S FUTURE
BYLINE=ANDREW N. GUTHRIE
TELEPHONE=619-3335
DATELINE=WASHINGTON
EDITOR=ASSIGNMENTS
CONTENT=
INTRO: THE RETIRED ARMY GENERAL WHO LED THE CHILEAN GOVERNMENT
FOR MORE THAN A DECADE, AUGUSTO PINOCHET, CONTINUES TO STIR
CONTROVERSY AS HE WAITS FOR A POSSIBLE EXTRADITION TO SPAIN.
THAT DECISION IS STILL UP TO THE BRITISH GOVERNMENT AFTER THE
LATEST IN A SERIES OF RULINGS ABOUT THE GENERAL'S FUTURE. IN
THIS COUNTRY, THE CASE -- AND THE BROADER QUESTION OF HOW, OR
WHETHER, FORMER DICTATORS SHOULD BE HELD ACCOUNTABLE FOR THEIR
WORST ACTIONS, WHEN THEY TRAVEL ABROAD -- ARE THE SUBJECT OF
DEBATE.
WE GET A SAMPLING NOW FROM _________________ IN TODAY'S U-S
OPINION ROUNDUP.
TEXT: GENERAL AUGUSTO PINOCHET RULED CHILE WITH AN IRON HAND
FROM 1973 UNTIL 1990, AFTER LEADING A MILITARY COUP THAT OUSTED
AND THEN KILLED DEMOCRATICALLY-ELECTED PRESIDENT SALVATORE
ALLENDE.
DURING HIS 17 YEAR-RULE, MANY OPPONENTS OF THE GOVERNMENT WERE
TORTURED, AND SEVERAL THOUSAND DISAPPEARED, AND WERE PRESUMABLY
KILLED BY CHILE'S SECRET POLICE. LAST OCTOBER, GENERAL PINOCHET,
NOW A SENATOR FOR LIFE IN CHILE'S LEGISLATURE, WENT TO LONDON FOR
MEDICAL TREATMENT. SPAIN FILED AN EXTRADITION ARREST WARRANT FOR
HIM, CHARGING CRIMES AGAINST SPANISH CITIZENS IN CHILE DURING HIS
RULE. IN RESPONSE, THE BRITISH PLACED THE 83-YEAR-OLD GENERAL
UNDER HOUSE ARREST WHILE THEY PONDERED WHAT TO DO.
WHEN A LOWER COURT RULED THAT GENERAL PINOCHET COULD NOT FACE
EXTRADITION TO SPAIN, THE MATTER WAS REFERRED TO THE HOUSE OF
LORDS, BRITAIN'S HIGHEST LEGAL AUTHORITY. LAST WEEK, THE LAW
LORDS -- A GROUP OF LAWYERS AND FORMER JUDGES IN THE UPPER HOUSE
-- DECIDED THAT GENERAL PINOCHET CAN BE MADE TO STAND TRIAL FOR
SOME CRIMES COMMITTED DURING THE LATTER PART OF HIS RULE. // OPT
// THE LORDS RULED HE MAY ONLY BE LIABLE FOR ALLEGED CRIMES
COMMITTED A F T E R 1988, THE YEAR BRITAIN SIGNED THE
INTERNATIONAL TREATY AGAINST TORTURE. // END OPT //
NOW THE HOME SECRETARY, BRITAIN'S HIGHEST LAW ENFORCEMENT
OFFICIAL, MUST DECIDE WHETHER TO HONOR THE SPANISH REQUEST, OR
ALLOW THE GENERAL TO FLY BACK TO CHILE. SEVERAL U-S PAPERS HAVE
OPINIONS ON THE MATTER, AND WE BEGIN NEAR THE CENTER OF THE
COUNTRY, IN NEBRASKA, WHERE "THE OMAHA WORLD-HERALD" SAYS IT IS A
"BAD IDEA" TO "JAIL ... THE CHIEF."
VOICE: EXPERTS AROUND THE WORLD HAVE SAID THEY FEAR THAT IF
[GENERAL] PINOCHET ... IS EXTRADITED AND PROSECUTED, ALL
WORLD LEADERS WOULD BECOME VULNERABLE TO BEING TAKEN
INTO CUSTODY ON CHARGES -- REAL OR TRUMPED-UP [SLANG
FOR: PHONY] -- FILED BY OTHER GOVERNMENTS. /// OPT ///
SUPPOSE GEORGE BUSH WAS VACATIONING IN A THIRD WORLD
COUNTRY THAT SECRETLY MAINTAINED GOOD RELATIONS WITH
SADDAM HUSSEIN. IN THE WINK OF AN EYE, [MR.] BUSH
COULD FIND HIMSELF IN PRISON AND ON HIS WAY TO BAGHDAD
FOR TRIAL AS THE ORIGINATOR OF THE GULF WAR. /// END OPT
/// ... THE HOUSE OF LORDS RULING WAS A VICTORY FOR
HUMAN RIGHTS LAWYERS WHO WANT TO BRING FORMER DICTATORS
TO JUSTICE. ... UNFORTUNATELY, A NEW PRECEDENT WOULD BE
ESTABLISHED FOR THE PROSECUTION OF ANY WORLD LEADER
AGAINST WHOM ANOTHER COUNTRY HELD A GRUDGE --
LEGITIMATELY OR NOT. /// OPT /// ... [MR.] PINOCHET HAS
MUCH TO ANSWER FOR. BUT THE COST OF MAKING HIM ANSWER
SHOULD NOT BE THE DENIAL OF IMMUNITY TO OTHER CURRENT
AND FORMER HEADS OF STATE WHEN THEY NEED TO TRAVEL
AROUND THE WORLD. /// END OPT ///
TEXT: "THE PHILADELPHIA INQUIRER" BEGS TO DIFFER, HOLDING OUT
HOPE THAT ALTHOUGH THE "COURT RULING GOES MOSTLY [MR.] PINOCHET'S
WAY ... THERE'S STILL A CHANCE HE'LL STAND TRIAL."
VOICE: EVEN IF HE ENDS UP WITH A LEGAL VICTORY -- IN ENGLAND OR
IN SPAIN -- HE WILL HAVE SUFFERED INCONVENIENCE AND
IGNOMINY FROM THE FIGHT. THAT'S TO THE GOOD. THE U-S
GOVERNMENT OUGHT TO DO ITS UTMOST TO PROVIDE SPANISH
AUTHORITIES WITH DOCUMENTS THAT MIGHT HELP BRING MR.
PINOCHET TO JUSTICE.
TEXT: "THE MIAMI HERALD" FEELS THAT THE BRITISH LORDS' DECISION
WEAKENED THE CASE AGAINST THE GENERAL, BUT FEELS THAT, OVER ALL,
THE EPISODE HAS HELPED GLOBAL HUMAN RIGHTS LAW EVOLVE.
VOICE: THERE ** ARE ** [ITALICS FOR EMPHASIS] SOME CRIMES THAT
SO OFFEND HUMANITY THAT THEY MUST BE PROSECUTED. THAT
SHOULD APPLY WHETHER THE ATROCITIES WERE COMMITTED BY
THOSE ON THE RIGHT OR THE LEFT. IT SHOULD ALSO APPLY
IRRESPECTIVE OF WHETHER AN INTERNATIONAL CONVENTION
OUTLAWING TORTURE HAD BEEN SIGNED BY THE NATIONS
INVOLVED -- AS IS THE SITUATION HERE. THE SAD
REALITY, THOUGH, IS THAT THE WORLD ISN'T QUITE THERE
YET. TYRANTS SUCH AS IDI AMIN, 'THE BUTCHER OF UGANDA,'
ENJOY RETIREMENT IN EXILE. FIDEL CASTRO FREELY TRAVELS,
DESPITE HIS REGIME'S LONG RECORD OF REPRESSION, TORTURE
AND MURDER. ... MAYBE IT'S TOO MUCH TO ASK FOR A WORLD
THAT JUSTLY PUNISHES GROSS HUMAN-RIGHTS VIOLATORS. BUT
SURELY THIS RULING IN THE PINOCHET CASE MOVES US
FORWARD.
TEXT: "THE WASHINGTON POST" HAS THIS TO SAY:
VOICE: WE HAVE INCLINED TO THE VIEW THAT THE ARREST -- HE
THOUGHT IT A KIDNAPPING -- OF THE VISITING GENERAL
PINOCHET IN LONDON COULD BE A MODEL FOR EXTENDING
ACCOUNTABILITY INTERNATIONALLY, AND THEREFORE A
POWERFUL DETERRENT TO FURTHER GROSS ABUSES OF POWER.
BUT THE CLAIMS OF THOSE -- INCLUDING CHILE -- WHO WOULD
RESERVE THE HANDLING OF CRIMINAL FORMER LEADERS TO THEIR
NOW-DEMOCRATICALLY ELECTED, LAW-RULED GOVERNMENTS HAVE
THEIR OWN LOGIC AND APPEAL.
TEXT: "THE WALL STREET JOURNAL," HOWEVER, TAKES A DIFFERENT
VIEW, SUGGESTING:
VOICE: IT IS THE HEIGHT OF HYPOCRISY FOR BRITAIN, WHICH IS
CURRENTLY RELEASING HUNDREDS OF BONA FIDE [EDITORS:
UNDERSTOOD, NOT STATED IRISH REPUBLICAN ARMY] TERRORISTS
FROM PRISON IN THE HOPES IT WILL HELP A POLITICAL
SETTLEMENT IN NORTHERN IRELAND, TO DENY CHILE THE EQUAL
RIGHT TO CONCLUDE THAT THERE ARE SOMETIMES
CONSIDERATIONS MORE IMPORTANT THAN 'JUSTICE.'
TEXT: ON THAT NOTE, WE CONCLUDE THIS SAMPLING OF OPINION ON THE
LATEST DECISION IN THE CONTROVERSIAL CASE OF FORMER CHILEAN
DICTATOR AUGUSTO PINOCHET.
NEB/ANG/JO
29-Mar-99 4:07 PM EST (2107 UTC)
NNNN
Source: Voice of America
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