General Discussion
In reply to the discussion: Top EU official tells Julian Assange: 'Just go to Sweden and answer the questions' [View all]struggle4progress
(118,282 posts)It was a dozen or more years ago now, of course
And the affair was complicated: Spain trying Pinochet for crimes in Chile, for example, potentially involved issues of "universal jurisdiction," which not everyone accepts; moreover, there is a dual-criminality standard for extradition, but changing UK law was held to leave Pinochet immune under UK law for crimes committed prior to 1988
Nevertheless, your "British Courts refused extradition for Pinochet" is flat-out false, and in fact your assertion is contradicted by multiple rulings in the case
The British courts actually ruled that Pinochet could be extradited, but this left the decision to the government. Meanwhile, Chile opposed the extradition, and Pinochet allegedly suffered several minor strokes. The decision being in the government's hands, Jack Straw determined not to extradite Pinochet to Spain, citing his ill-health
Here are a few links
... London's Bow Street Magistrates Court committed Gen Pinochet on the 35 charges he is accused of, which include one of conspiracy to torture and 34 of torture ... In his ruling, Deputy Chief Stipendiary Magistrate Ronald Bartle told the court he was satisfied that "all the conditions are in place which oblige me under the terms of the Extradition Act 1989 to commit Senator Pinochet to await the decision of the Secretary of State" ...
Friday, October 8, 1999
Published at 13:01 GMT 14:01 UK
Way cleared for Pinochet extradition
http://news.bbc.co.uk/2/hi/uk_news/468589.stm
... A foreign ministry official said Chile would ask the International Court of Justice to rule that Spain's judiciary cannot judge him. The spokesman said Chile would begin the proceedings before the end of the year. Gen Pinochet is wanted in Spain on charges of human rights abuses in Chile during his 17 years of strong-arm rule ...
Tuesday, September 28, 1999
Published at 12:08 GMT 13:08 UK
Chile to fight Pinochet extradition
http://news.bbc.co.uk/2/hi/americas/459850.stm
General Augusto Pinochet has been excused appearing at the next hearing in his fight against extradition after a court heard he had recently suffered two minor strokes. The former Chilean dictator was due to attend Bow Street Magistrates Court in London on Friday to hear whether he would be committed to face extradition to Spain for alleged human rights crimes. But sitting at Bow Street on Wednesday, Deputy Chief Stipendiary Magistrate Ronald Bartle granted an application by the 83-year-old's lawyers that he should be excused attendance because of ill-health ...
Wednesday, October 6, 1999
Published at 14:31 GMT 15:31 UK
Pinochet excused court after strokes
http://news.bbc.co.uk/2/hi/uk_news/466961.stm
... Home Secretary Jack Straw is said to be "minded" to release General Pinochet - and not extradite him to face charges in the Spanish courts - after medical reports showed he was not well enough. The Home Office said the "unequivocal and unanimous" conclusion of a four-strong medical team who examined the 84-year-old on 5 January was that he was "at present unfit to stand trial, and that no change to that position can be expected" ...Wednesday, 12 January, 2000, 00:04 GMT
Pinochet 'unfit to face trial'
http://news.bbc.co.uk/2/hi/uk_news/599526.stm