The torture charges made against Gen Augusto Pinochet did not match the definition handed down in judgments by the European Court of Human Rights, the extradition hearing against the former Chilean dictator was told in London yesterday. However, there were indications during the day that the general's legal team believes it will lose the case at this stage.
On the third day of the proceedings at Bow Street Magistrates' Court, Mr Clive Nicholls, QC, for Gen Pinochet, said he did not approve of the tactics described in the bulk of the 34 torture charges and one charge of conspiracy to torture made against him.
"Senator Pinochet does not contend to condone any of the conduct described in these charges," Mr Nicholls said. "The conduct described in some of the charges cannot be, and does not amount to, torture. They may amount to inhuman and degrading treatment, but that is another matter."
Mr Nicholls compared some of the torture charges to practices employed by the British army during the interrogation of suspects in Northern Ireland in the 1970s, including placing a hood over someone's head to disorientate them, subjecting them to loud noises and depriving them of food and sleep.
Mr Nicholls pointed out that while the European Commission on Human Rights considered such treatment caused psychological injury, it had rejected the argument that the tactics amounted to torture.
Furthermore, he said there was nothing to sustain the allegation that Gen Pinochet was engaged in a campaign of "widespread and systematic torture" after December 8th, 1988, when Chile, Spain and the UK signed the Convention Against Torture.
He also argued that the prosecution statement that Gen Pinochet had inflicted ongoing torment on the families of the "disappeared" in Chile could not be sustained.
"It would have to be show that Senator Pinochet intended to cause severe pain and suffering to the relatives of those who disappeared. There are no particulars of conduct to show that this was the intention of any of those involved, let alone Senator Pinochet," Mr Nicholls said.
On Tuesday, Mr Alun Jones QC, for the Spanish government, described defence documents claiming a political bias in the case against Gen Pinochet as "shabby and underhand". Mr Nicholls branded these remarks as "inflammatory" and said there were no circumstances to justify the use of offensive language that Mr Jones knew would receive wide publicity. In a remark indicating Gen Pinochet's legal team believes it will lose the case at this stage, Mr Nicholls said his team would reserve legal argument about political motivation to a possible later High Court hearing.
Meanwhile, Ms Lucia Pinochet said last night her husband was in a "very, very depressed state".
Speaking at a reception in a west London hotel for more than 70 of the former dictator's supporters, she said Gen Pinochet found it "inconceivable" he should be arrested in Britain, the country he regarded as the symbol of justice.
Reuters adds: Spain yesterday signalled its willingness to co-operate with Chile's attempt to have the United Nations' top court decide whether a Spanish judge has the right to prosecute Gen Pinochet.