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)
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Source: Voice of America
.