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FOR IMMEDIATE RELEASE
MARCH  26, 1999   10:18 AM
CONTACT:  Amnesty International  
Pinochet Case: One Person Tortured Is One Too Many
 
WASHINGTON - March 26 - "Under the Convention against Torture, even a single act of torture gives rise to criminal responsibility before the world," Amnesty International reminded the UK Home Secretary, Jack Straw, as he reviews the case for Augusto Pinochet's extradition to Spain.

"Jack Straw should not forget that, under the Convention against Torture, the United Kingdom is obliged to proceed with extradition or to conduct a trial in the UK," Amnesty International stressed. "The law and not politics should guide his decision."

Despite the legal impediments to bringing Augusto Pinochet to justice on the full range of charges raised by the Spanish extradition request, the fact that thousands of people were victims of crimes against humanity, including torture, murder and "disappearances", during the government of former general Pinochet remains undisputed.

The House of Lords' ruling itself clearly states that "there is no real dispute that during the period of the Senator Pinochet regime, appalling acts of barbarism were committed in Chile and elsewhere in the world: torture, murder and the unexplained disappearance of individuals, all on a large scale."

"Although it is not alleged that Senator Pinochet himself committed any of those acts, it is alleged that they were done in pursuance of a conspiracy to which he was a party, at his instigation and with his knowledge," the ruling continues.

The House of Lords' landmark ruling should not be rendered ineffective by the misleading impression that the remaining charges against Augusto Pinochet -- including one case of torture and certain conspiracies to torture - are somehow 'not enough' to justify his extradition and trial.

The opinion by Lord Hope of Craighead discussed only the three cases after 8 December 1988 -- which were listed in the sample draft charges prepared during the course of the second hearing to assist the House of Lords in understanding what charges in Spain would look like in an English court. It is not a complete list of all the crimes included in the extradition request.

"Now that the House of Lords has reaffirmed the principle that heads of state are not immune from charges of torture, the Home Secretary must not lose sight of the fact that the pain of one human being, the blood of even a single victim, is as worthy of justice as the suffering of thousands," Amnesty International said.

One of the crimes for which the House of Lords' ruled Augusto Pinochet could still be extradited involves the torture to death of a 17-year-old boy, Marcos Quesada Yañez. Arrested by police on 24 June 1989, Marcos is said to have been subjected to severe electric shocks.

Given that at present Augusto Pinochet is covered by parliamentary immunity in Chile -- in his capacity as Senator for life -- and by the provisions of the 1978 amnesty law -- Amnesty International is calling on Jack Straw not to block an avenue for justice left open to victims of human rights violations committed during Pinochet's government.

"The Home Secretary, as he did last December, should let the judiciary examine the cases still pending against the former general," Amnesty International said. "Let the courts decide."

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