Grasping at Jack Straw

Christopher Keith Hall, Amnesty International8217;s legal advisor said that it was not only tyrants butdemocratic governments, who had perpetrated some of he worst atrocities their citizens, who would have to be more watchful. The ruling does not create a precedent but gives teeth to international human rights law that has developed since the Second World War, and has been influenced by the atrocities committed during the Pinochet regime.

Barrister Geoffrey Robertson, an expert in international law, said the decision marked a shift in international relations from diplomacy to the rule of law. 8220;This decision shows that courts, unlike some governments, are prepared to take the torture and genocide conventions seriously,8221; he said.

8220;In the past, diplomats were trusted with making arrangements for torturers to leave the scenes of their crimes with amnesties in their pockets and their Swiss bank accounts intact. This shows international law is now strong enough to act as a real threat.8221;

It now remains with Jack Straw, himself a barrister, to decide whether under British law Pinochet must be extradited toSpain, or whether there are compassionate grounds on which he should be let go. He has requested an additional week, until December 9, to deal with the case.

Straw and the British government stand to face a barrage of criticism either way. If Pinochet is allowed to return to Chile, Britain8217;s ethical8217; foreign policy will receive yet another drubbing. Besides, the decision is bound to be subject to a judicial review given that Britain is a signatory to UN conventions on torture and hostage taking, both crimes that General Pinochet is accused of.

If Straw allows the extradition to proceed he will mire Britain in a diplomatic wrangle with Chile, which both governments are keen to avoid especially since Pinochet is supported by the US.

There is no real quick fix. Switzerland, France and Belgium have also issued warrants for Pinochet8217;s arrest, and Sweden has also declared its intention to issue one. These will come into effect if the Spanish application fails.

Straw may find himself studying case aftercase if he should decided against one. This will prolong the focus on the British government 8212; which has been at the forefront of the international war crimes tribunals set up for Rwanda and Bosnia 8212; and its commitment to the exercise of international human rights law in general.

But, the extradition process in Britain is also notoriously slow. And going by previous cases Pinochet could be stuck in Britain for as long as a couple of years. If Straw decided to allow the case to proceed it will return to the Bow Street Magistrates Court.

Through this process, Pinochet8217;s lawyers can request repeated adjournments in order to present more evidence or examine the other side8217;s evidence. If the magistrate does finally decide to remand Pinochet to custody to await extradition, he can, under English law, make an application for release on grounds of unlawful detention 8212; habeas corpus. Repeated applications for habeas corpus have delayed other extraditions.