The Pinochet Papers The Case of in Spain and Britain

Edited by Reed Brody and Michael Ratner

KLUWER LAW INTERNATIONAL THE HAGUE- LONDON - BOSTON Table of Contents

Foreword ix

PARTI COMMENTARIES

1. Introduction - The Beginning of the End of Immunity and Impunity of Officials Responsible for 3 Sir Nigel Rodley

2. The Case of Augusto Pinochet 7 Reed Brody

3. The Spanish Proceedings 23 Richard J. Wilson

4. The Lords' Decision in Pinochet III 33 Michael Ratner

PART II DOCUMENTS AND MATERIALS

5. Spanish Request to Question General Pinochet, 14 October 1998 55

6. Spanish Request to Arrest General Pinochet, 16 October 1998 57

7. The First Provisional Arrest Warrant, 16 October 1998 61

8. Letter to Home Secretary from Pinochet's Lawyers seeking cancelation of the First Provisional Warrant, 21 October 1998 63 9. Letter to Crown Prosecution Service from Pinochet's Lawyers objecting to request for a second provisional warrant, 22 October 1998 65

10. The Second Provisional Arrest Warrant, 22 October 1998 67

11. Decision of the High Court of Justice for England and Wales, 28 October 1998 71 vi Table of Contents

12. Order of the Criminal Chamber of the Spanish Audiencia Nacional affirming Spain's jurisdiction, 5 November 1998 95

13. Hearing - Excerpts from Legal Submissions, November 1998 109 a) Case for the Appellants (Crown Prosecution Service) 109 b) Case for the Respondent (Pinochet) 115 c) Outline of Submissions by Arnims Curaie 123

14. Decision by the Appellate Committee of the House of Lords, 25 November 1998 ("Pinochet /") 127

15. Authority to Proceed by Secretary of State Jack Straw, 9 December 1998 181

16. Reasons for Authority to Proceed by Secretary of State Jack Straw, 9 December 1998 183

17. Decision by the Appellate Committee of the House of Lords, 15 January 1999 (lead opinion of Lord Browne-Wilkinson) ("Pinochet ir) 189

18. The Spanish Extradition Request [excerpts] 203

19. Statement of Ambassador Roberto Garretön, 12 January 1999 211

20. Excerpts of Proceedings before the Appellate Committee of the House of Lords in Pinochet III 219 21. Letter from Foreign and Commonwealth Office, 21 January 1999, on the question of the recognition of Pinochet as Head of State 243

22. Submissions in Reply by Human Rights Watch, 3 February 1999 247

23. Speeches to the House of Lords, 24 March 1999 (Summary of Report of the Appellate Committee) 251 24. Decision by the Appellate Committee of the House of Lords, 24 March 1999 ("Pinochet IIP) 255

25. Representation of Human Rights Watch to Secretary of State Jack Straw, 7 April 1999 363

26. Second Authority to Proceed by Secretary of State Jack Straw, 15 April 1999 373

27. Reasons for Second Authority to Proceed by Secretary of State Jack Straw, 15 April 1999 375 Table of Contents vii

28. Order of the Third Section of the Criminai Chamber of the Spanish Audiencia Nacional affirming the pre-trial detention of General Pinochet, 24 September 1999 383

29. Judgment in the Bow Street Magistrates' Court, The Kingdom ofSpain v Augusto Pinochet Ugarte, 8 October 1999 397

30. Letters between the Home Office and Pinochet's Lawyers, 5 November - 30 November 1999 405

31. Press Statement by Secretary of State Jack Straw regarding Pinochet's medical tests, 11 January 2000 411

32. Responseof Judge Baltasar Garzön to Jack Straw, 13 January 2000 413

33. Decision of the High Court of Justice for England and Wales, R v Secretary of State for Home Department, exparte The Kingdom ofBelgium, 15 February 2000 417

34. British Medical Report on Augusto Pinochet 447

35. Comments of Spanish Doctors on British Medical Report, 18 February 2000 461

36. Letters from the Home Office to the Spanish, Belgian, Swiss and French Ambassadors announcing the termination of extradition proceedings, 2 March 2000 465

37. Statement of Secretary of State Jack Straw in the House of Commons, 2 March 2000 [excerpts] 481

PART III APPENDICES

38. Excerpts of Statutes and Treaties 487 a. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 487 b. UK State Immunity Act 1978 490 c. Vienna Convention on Diplomatie Relations 1961 493 d. UK Extradition Act 1989 494 e. UK Criminai Justice Act - Section 134 498 f. European Convention on Extradition 1957 499

39. Chronology 501

About the Contributors 505