The Decision of the Lords: a Clouded

The FIDH recognizes with great satisfaction, the
ruling delivered by the House of Lords on 24th
March, 1999, partially confirming the preceding
decision of the same jurisdiction, dated 25th
November 1998, which had been invalidated the
following 17th December. The new decision
legitimately refuses, by a large majority, General
Augusto Pinochet the benefit of immunity.

It confirms the advance of International Law in the
realm of the fight against impunity and responds to
the requirement of justice for victims.

The FIDH receives with reservation the ruling of the
House of Lords in which it had restricted the
extradition of General Augusto Pinochet to Spain to
the sole acts of torture that he committed after
1988. The FIDH considers that these acts of torture
are part of a larger category of crimes against
humanity, committed by imprescribable nature.

The FIDH recalls that in any case, this restriction
has no impact on the other grounds invoked by the
Spanish judge, Balthazar Garzon, used to justify his
extradition request with international warrants
against General Pinochet, in particular the crime of
terrorism and the crime of disappearance, the latter
being considered a continuous crime.

The FIDH asks the British authorities to proceed
rapidly in extraditing General Augusto Pinochet to
Spain, so that he can be judged following the
compaints lodged against him.

The FIDH underlines, on the other hand, that several
procedures have been started in other European
Countries in regard to General Pinochet with
extradition requests made, and reiterates its request
to the British authorities to follow up on these
demands.

Finally, the FIDH recalls that 18 complaints are in
the course of being examined in Chile, directed not
only at General Pinochet, but also at Chilean military
officers for crimes against humanity, hoping that
soon, the investigation of these complaints will not
be hindered.

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