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 .