Pinochet Arrest in Chile

According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.

 

Because of Pinochet's ill health, the kidnapping charges against him may never come to trial.  If they do come to trial, they will most likely be heard under Chilean law and procedure in a Chilean court, rather than under international law in an international tribunal.  Nevertheless, the American Convention on Human Rights and the International Covenant on Civil and Political Rights, treaties to which Chile is a party, set standards for fair trials to which Chile is bound as a matter of international law.  The standards include such things as the right to be presumed innocent until proven guilty, the right to prepare and present a defense personally or by counsel, the right to cross-examine witnesses and not to be compelled to testify against himself.

 

Pinochet returned to Chile from the United Kingdom in March of this year, when British authorities found that he was too frail to be extradited to Spain for trial on charges of crimes against humanity.  The British House of Lords had held that he was subject to such extradition for some of the alleged crimes committed during his rule in Chile.

 

As a matter of related interest, the Statute of the International Criminal Court (ICC) contains provisions on crimes against humanity that might be relevant to Pinochet's case, should the Statute enter into force.  The ICC Statute applies to conduct of the sort charged against Pinochet if the state on whose territory the conduct occurred, or the state of the accused's nationality, is a party to the Statute or accepts the Court's jurisdiction over the crime.  The Statute provides that "enforced disappearance of persons" is a crime against humanity "when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack."  High government officials would not be immune from prosecution.  Human rights groups have alleged that Pinochet ordered or approved the "disappearances" of political opponents on a broad scale during his regime in Chile.

 

The Statute of the International Criminal Court requires 60 ratifications before it enters into force.  As of November 29, 2000, 23 countries had ratified it.  Chile has signed it, but has not yet ratified it.

 

For further background, see ASIL Insights, "The Pinochet Arrest and Possible Extradition to Spain" (October 1998) and "Possible Indictment of Pinochet in the United States" (March 2000).

 

About the Author:

Frederic L. Kirgis is Law School Association Alumni Professor at Washington and Lee University School of Law.  He has written a book and several articles on United Nations law, and is a member of the Board of Editors of the American Journal of International Law.According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.

 

Because of Pinochet's ill health, the kidnapping charges against him may never come to trial.  If they do come to trial, they will most likely be heard under Chilean law and procedure in a Chilean court, rather than under international law in an international tribunal.  Nevertheless, the American Convention on Human Rights and the International Covenant on Civil and Political Rights, treaties to which Chile is a party, set standards for fair trials to which Chile is bound as a matter of international law.  The standards include such things as the right to be presumed innocent until proven guilty, the right to prepare and present a defense personally or by counsel, the right to cross-examine witnesses and not to be compelled to testify against himself.

 

Pinochet returned to Chile from the United Kingdom in March of this year, when British authorities found that he was too frail to be extradited to Spain for trial on charges of crimes against humanity.  The British House of Lords had held that he was subject to such extradition for some of the alleged crimes committed during his rule in Chile.

 

As a matter of related interest, the Statute of the International Criminal Court (ICC) contains provisions on crimes against humanity that might be relevant to Pinochet's case, should the Statute enter into force.  The ICC Statute applies to conduct of the sort charged against Pinochet if the state on whose territory the conduct occurred, or the state of the accused's nationality, is a party to the Statute or accepts the Court's jurisdiction over the crime.  The Statute provides that "enforced disappearance of persons" is a crime against humanity "when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack."  High government officials would not be immune from prosecution.  Human rights groups have alleged that Pinochet ordered or approved the "disappearances" of political opponents on a broad scale during his regime in Chile.

 

The Statute of the International Criminal Court requires 60 ratifications before it enters into force.  As of November 29, 2000, 23 countries had ratified it.  Chile has signed it, but has not yet ratified it.

 

For further background, see ASIL Insights, "The Pinochet Arrest and Possible Extradition to Spain" (October 1998) and "Possible Indictment of Pinochet in the United States" (March 2000).

 

About the Author:

Frederic L. Kirgis is Law School Association Alumni Professor at Washington and Lee University School of Law.  He has written a book and several articles on United Nations law, and is a member of the Board of Editors of the American Journal of International Law.According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.

 

Because of Pinochet's ill health, the kidnapping charges against him may never come to trial.  If they do come to trial, they will most likely be heard under Chilean law and procedure in a Chilean court, rather than under international law in an international tribunal.  Nevertheless, the American Convention on Human Rights and the International Covenant on Civil and Political Rights, treaties to which Chile is a party, set standards for fair trials to which Chile is bound as a matter of international law.  The standards include such things as the right to be presumed innocent until proven guilty, the right to prepare and present a defense personally or by counsel, the right to cross-examine witnesses and not to be compelled to testify against himself.

 

Pinochet returned to Chile from the United Kingdom in March of this year, when British authorities found that he was too frail to be extradited to Spain for trial on charges of crimes against humanity.  The British House of Lords had held that he was subject to such extradition for some of the alleged crimes committed during his rule in Chile.

 

As a matter of related interest, the Statute of the International Criminal Court (ICC) contains provisions on crimes against humanity that might be relevant to Pinochet's case, should the Statute enter into force.  The ICC Statute applies to conduct of the sort charged against Pinochet if the state on whose territory the conduct occurred, or the state of the accused's nationality, is a party to the Statute or accepts the Court's jurisdiction over the crime.  The Statute provides that "enforced disappearance of persons" is a crime against humanity "when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack."  High government officials would not be immune from prosecution.  Human rights groups have alleged that Pinochet ordered or approved the "disappearances" of political opponents on a broad scale during his regime in Chile.

 

The Statute of the International Criminal Court requires 60 ratifications before it enters into force.  As of November 29, 2000, 23 countries had ratified it.  Chile has signed it, but has not yet ratified it.

 

For further background, see ASIL Insights, "The Pinochet Arrest and Possible Extradition to Spain" (October 1998) and "Possible Indictment of Pinochet in the United States" (March 2000).

 

About the Author:

Frederic L. Kirgis is Law School Association Alumni Professor at Washington and Lee University School of Law.  He has written a book and several articles on United Nations law, and is a member of the Board of Editors of the American Journal of International Law.