The Pinochet Decision
Why Britain Should Extradite Pinochet

  • According to Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the United Kingdom is a party - U.K is under an international obligation to try or extradite persons accused of the horrible crimes.

  • As a party to the European Convention on Human Rights, the United Kingdom also has an obligation to ensure access to justice for the victims of General Pinochet's crimes.

    Why Is It Essential To Extradite Pinochet?

  • The international community has a greater long-term interest in making it clear to those who if they embark on crimes against humanity.

  • Returning the general to Chile would deprive his victims in Spain, France and Switzerland of their right to a remedy.

  • Human rights violations committed under General Pinochet's command amount to crimes against humanity.

  • International law - as well as the prevention of future atrocities - demands the prosecution of those responsible for crimes against humanity.

    Why Chile Won't Prosecute Pinochet

  • Pinochet would continue to enjoy impunity on returning to Chile.

  • Self-amnesty declared by Chilean military in April 1978 covers the period when most of the worst abuses took place, from the coup in September 1973 to March 1978.

  • Chilean Supreme Court upheld the amnesty above international human rights law.

  • General Pinochet will not be indicted, prosecuted or punished in Chile for human rights crimes committed after the period covered by the self-amnesty.
  • Human Rights Watch rejects the notion that any head of state, current or former, can be immune from prosecution for such serious crimes. The notion that torture and murder could be construed as acts in "public capacity" ignores the fact that they are completely illegitimate -- illegal, under international law, the domestic law of the U.K., Chile, and just about everywhere else.

    Pinochet Case a Milestone
    (New York, March 2, 2000) -- Human Rights Watch said today that the arrest of Augusto Pinochet represented a permanent advance in the cause of human rights, despite the decision by British Home Secretary Jack Straw to allow him to return to Chile. The group also called on the Chilean parliament to block a proposed constitutional reform that would give permanent immunity from prosecution to all former heads of state.
    New Obstacle to Pinochet Prosecution
    (New York, February 21, 2000) -- Human Rights Watch today condemned a proposed constitutional reform in Chile that would give permanent immunity from prosecution to all former heads of state. The Chilean parliament is expected to pass the new measure by the end of March.
    U.K. Ruling on Pinochet Praised
    (London, February 15, 2000) -- Human Rights Watch today welcomed a U.K. High Court ruling that Home Secretary Jack Straw should divulge details of the medical examination of the former Chilean dictator Augusto Pinochet to the four states that are seeking his extradition. Human Rights Watch called on Straw to abide by the ruling and release the medical data.
    U.K. Home Secretary Should Back Justice
    (London, January 31, 2000) -- Human Rights Watch today expressed dismay at being denied the right to question the fairness of the procedure used to assess Augusto Pinochet's fitness to stand trial. It urged British Home Secretary Jack Straw to release to interested parties the medical evaluation of the former Chilean dictator.
    Court Order Sought on Pinochet Medical Judgment
    (London, January 24, 2000) -- Human Rights Watch has joined with five allied organizations to seek a judicial order preventing the British Home Secretary from releasing Augusto Pinochet without certain basic steps of procedural fairness.

    Straw Urged to Reveal Pinochet Data
    (London, January 18, 2000) - Human Rights Watch today urged British Home Secretary Jack Straw to make Augusto Pinochet's medical records available to Spain and the other countries seeking his extradition.

    Pinochet Case a Landmark
    (New York, January 12, 2000) -- Human Rights Watch said today that the arrest of Augusto Pinochet represented a permanent advance in the cause of human rights, despite the fact that a British medical evaluation may prevent Gen. Pinochet's extradition to Spain.

    The Pinochet Extradition: HRW Update #2
    (October 14, 1999) - On October 8, 1999, London Magistrate Ronald Bartle committed General Augusto Pinochet for extradition to Spain where he could stand trial for 34 counts of torture and one count of conspiracy to commit torture. Bartle's ruling was particularly significant for its treatment of the conspiracy charge and of the allegations of "disappearances" by Pinochet's regime.


    Pinochet Decision Hailed
    Human Rights Watch today hailed the decision of a British magistrate to commit Gen. Augusto Pinochet for extradition. The group specifically pointed to the judge's broad rulings on the conspiracy charge and Pinochet's use of "disappearances."
    HRW Press Release, October 8, 1999

    Pinochet Extradition Seen
    As the extradition hearings of Gen. Augusto Pinochet closed today, Human Rights Watch expressed confidence that Magistrate Ronald Bartle would commit the former dictator for extradition.
    HRW Press Release, September 30, 1999

    Pinochet Extradition Hearings "Historic"
    "Pinochet's victims have waited 25 years for this historic moment. For the Crown prosecutors to formally read out the charges of torture and conspiracy against General Pinochet is a measure of vindication for the thousands who were killed, tortured or ‘disappeared' by his regime."

    Reed Brody, Advocacy Director
    HRW Press Release, September 27, 1999

    The Pinochet Extradition: HRW Update #1
    (September 20, 1999) -- On September 27, 1999, formal extradition ("committal") proceedings against Gen. Augusto Pinochet will begin. These proceedings are expected to last about a week. Human Rights Watch, which took part in the Pinochet hearings before the House of Lords, has prepared the following background paper to help untangle some complex legal issues.



    Pinochet Press Archive
    HRW en español


    Updated March 2000
    Related Material
    Human Rights Watch Questions and Answers on The Return of Pinochet to Chile
    March 2, 2000

    CHILE: When Tyrants Tremble: The Pinochet Case
    HRW Report, October 14, 1999

    One Year Later, the 'Pinochet Precedent' Puts Tyrants on Notice
    By REED BRODY
    The Boston Globe, October 14, 1999

    Chile: Ready For Justice
    By JOSÉ MIGUEL VIVANCO
    The New York Times, October 14, 1999

    Judgement on the Extradition Hearing of Gen. Pinochet
    October 8, 1999

    UNITED KINGDOM
    Universal Jurisdiction And Absence Of Immunity For Crimes Against Humanity

    Position paper by Amnesty International on the decision by the House of Lords to open a new hearing on the Pinochet case

    Prisoner Pinochet
    The Dictator and the Quest for Justice

    By PETER KORNBLUH
    The Nation, December 21, 1998

    The Truth About Pinochet:
    Chile's legacy of torture, murder, international terrorism and "the disappeared"

    Pinochet in Chile: Guaranteed Impunity [Analysis of the Chilean Justice System]

    "The Chilean government is trying to portray its judicial system as equal the task of prosecuting Pinochet. But this is just a cynical attempt to get Pinochet back home where he will be safe from justice."

    José Miguel Vivanco
    Executive Director of the Americas Division of Human Rights Watch

    Pinochet's Shadow
    Commentary by Reed Brody

    Justice for Tyrants
    What will make the system of international justice work is multilateral muscle. France, Switzerland and Belgium now have backed up Spain with extradition warrants for Pinochet. The United States needs to state clearly and publicly that it, too, supports the idea of holding tyrants accountable for their crimes.

    By Kenneth Roth
    Thursday, November 26, 1998
    The Washington Post

    For Justice Without Illusions
    The Pinochet case marks a new temper of the times, and a new willingness to use international law against dictators.

    By Kenneth Roth, Newsweek, November 2, 1998