`Satisfied' Garzon now set to present new details

The British House of Lords ruling on the Gen Pinochet extradition to Spain has pleased both pro- and anti-Pinochet factions here…

The British House of Lords ruling on the Gen Pinochet extradition to Spain has pleased both pro- and anti-Pinochet factions here, but both sides agree that it will be many months, probably well into the new millennium, before any final decision is reached.

As they have done so many times in the past, hundreds of Chilean victims, their families and human rights defenders assembled in Madrid's central Puerta del Sol in pouring rain to listen to the announcement on radio and TV sets. An enormous cheer rang out when the decision came through: some wept with joy and others opened bottles of champagne to celebrate.

Speaking for Amnesty International, Mr Cesar Diez described the findings as a landmark case. "Of course we are disappointed they found obstacles in the case, but it confirms the rule of international justice and shows that heads of state do not have a licence to kill and torture."

Mr Baltasar Garzon, the judge who requested Gen Pinochet's extradition, returned to his office at the Madrid court with a smile on his face shortly after the decision was announced. Although he never comments on his cases, he let it be known that he was satisfied with the findings.

READ MORE

The new ruling excludes many of his charges against Gen Pinochet, because the alleged crimes occurred before September 1988. At least four subsequent charges of conspiracy to torture, and some 42 cases of kidnap or disappearances, remain extraditable. It is believed that Mr Garzon hopes to be able to present further details on some of these cases and possibly call on backing from other countries to strengthen his case.

Mr Juan Garces, a Chilean lawyer who has worked closely with Mr Garzon, welcomed the House of Lords findings. "It looks to the future and confirms that British justice has taken away from Pinochet the mantle of impunity he had granted himself at gunpoint, and now he can be tried as a common criminal."

Mr Garces believes the restrictions placed on some of the murder and torture cases do not cover the 1,200 people who disappeared under the dictatorship. "Cases of disappearance are not subject to time limits. They remain open until the body is discovered, which is when they become cases of murder."

Mr Jorge Martin, the brother of one of those disappeared, who was himself a political prisoner in Chile, celebrated the decision. He said: "We are very happy, although we regret they have placed limits on his extradition. It is good that Pinochet's Boeing will be flying back to Chile without him. We are not demanding his blood, only justice, and we believe that justice is already being done. He has been deprived of his freedom for five months, and this is part of his punishment."