Immunity ruling presents government with dilemma

The decision by the British Law Lords that the Chilean senator-for-life Gen Augusto Pinochet cannot enjoy immunity for his actions…

The decision by the British Law Lords that the Chilean senator-for-life Gen Augusto Pinochet cannot enjoy immunity for his actions when head of state has surprised many in Spain and presented the government with an embarrassing dilemma.

While officially maintaining its distance from investigating magistrate Baltasar Garzon's application for the extradition of the former Chilean dictator, the government is believed to have been secretly banking on the judgment going the other way to permit him to return discreetly home.

The conservative Prime Minister, Mr Jose Maria Aznar, stated his concern that the decision could upset the budding democracy in Chile. "We have always stressed our support for the democratic process in Chile," he said.

Mr Aznar refused to be drawn on his personal opinions but said that he would "respect the judicial process". But his Attorney-General has not been so circumspect, and has expressed his opposition to Mr Garzon's extradition request.

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Mr Garzon has a policy of never commenting on any case in progress, but an aide confirmed that there was a mood of "contained satisfaction" in his office. There was no news as to whether the magistrate intended to apply for permission to interrogate Gen eral Pinochet in London, but he is known to be working "around the clock" to finalise his case to ensure it is absolutely watertight with no possibility of the rejection of the extradition on any technicality.

There is considerable concern in Madrid financial circles: Spain is the third largest foreign investor in Chile and is likely to become the second by the end of this year.

The Banco de Santander, which has large interests in Chile, reported that there have been massive withdrawals from accounts since the detention of Gen Pinochet. Banco Bilbao Vizcaya recently purchased the Chilean bank BHIF for $23.5 million and is concerned about its business in Chile. There are fears too about the future of a Franco-Spanish consortium which has a contract to sell two submarines to the Chilean navy, which could be in jeopardy, as could the possible sale of three frigates from Spanish shipyards.

Reuters adds from Moscow:

Russian legal experts hailed the British Lords' decision, but the Foreign Ministry took a more neutral stance, saying it was up to Britain to decide whether to act against Gen Pinochet.

"I think it's a correct decision," said Mr Mikhail Arutyunov, President of the Moscow-based International Assembly for Human Rights Protection. "No dictator or leader should be allowed to commit widespread crimes or mass terror," said Mr Arutyunov, a former member of parliament. "He came to power as a result of a coup, but the main thing was not how he came to power but the violence he committed later."

In Bonn, German citizens who say they were mistreated in Chile during Gen Pinochet's rule said they were delighted by the decision.

"It's wonderful to see that there is still justice," said Mr Werner Simon (70), from Dusseldorf, who has filed charges against Gen Pinochet in Germany for assault.

Mr Simon was a small businessman and trade union organiser in Chile when he was arrested and tortured for 39 days on a prison ship in 1973. He still suffers from the effects of beatings and burns.