Legal implications in brief

by MichaelP

PINOCHET DECISION by House of Lords announced half an hour ago.

Of a body of 7 judges (Law Lords), one decided that Pinochet enjoys complete immunity, 6 decided that he enjoys NO immunity for matters of torture alleged to have happened after 1988 - which was the date on which the brits adopted an international convention on torture as a matter of brit law. Only one of the six seems to have NOT cared about the 1988 limit.

So the matter now goes back to the brit. Home Secretary to decide if the Spanish request for extradition refers to any post 1988 torture - he can decide that there is enough reason to allow extradition under the new guidelines and his decision can be appealed back to the Lords. His original decision to extradite has to be reexamined under the new guidelines

But there is still a chance of appealing today's decision to the Euro court, and, in addition, if/when Pinochet reaches Spain that judiciary may well find a way to examine the complete list of Pinochet's alleged crimes.

The Lords decision only applies to the Extradition case. Other charges can be added in Spain.

The Pinochet lawyers are now likely to go back to the high court to seek a judicial review against the "authority to proceed" given by Jack Straw on November 9th 1998.

If this decision is not overturned by the High Court, then the case goes back in front of Graham Parkinson, the chief Metropolitan stipendary magistrate where a committal hearing will be heard under Section 9 of the Extradition Act 1989 to decide whether the extradition can proceed.

If Graham Parkinson decides in favour of Extradition, General Pinochet can appeal again against that decision to the High Court to seek a writ of Habeas Corpus. If again he is unsuccessful, the case goes back in front of the British Home Secretary who makes a final decision (although that case can be subject again to a judicial review...

Sorry it's complex but it is...

The decision about extradition has been thrown back to a politician. He doesn't have to try Pinochet ; but what he must do is to examine the Spanish allegations to determine if any facts are alleged which add up to a claim that Pinochet caused torture to have happened after 1988. [But that's only my opinion !!]

There will be 200 pages of "Opinions" of these 7 LawLords available in an hour or two.