News Release Issued by the Internat (r)

[moe@xxxxxxxxxxxxx]

Subject: News Release Issued by the International Secretariat of Amnesty

International *
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Dear Netters,
                      The following press release from AI is very
interesting from the legal and international perspective.

Sincerely,

Julien Moe
-----
* News Release Issued by the International Secretariat of Amnesty
International *
News Service 205/98
AI INDEX: AMR 22/10/98
21 OCTOBER 1998

UK/Chile

Legal procedures into Augusto Pinochet's crimes against humanity must
not become a political issue

The arrest of Chile's former general, Augusto Pinochet, is a positive
step in ensuring justice for the families of victims of gross human
rights violations committed under his regime, but it is crucial that
investigations are not hampered by political considerations, Amnesty
International said today.

The human rights organization is today re-issuing a report on the
international community?s responsibility regarding crimes against
humanity which examines the question of universal jurisdiction.

As a result of the initiative taken by the Spanish courts (Audiencia
Nacional) to investigate human rights violations against Spaniards in
Chile during the 1973 to 1990 military government of General Augusto
Pinochet, the report released last May highlighted the international
legislation which reinforces the Spanish Court?s initiative; it sets out
the principles of universal jurisdiction; and the international
obligation to investigate and to impart justice to those found guilty of
crimes against humanity.

"In the name of those principles we welcome the legal initiatives by the
Spanish judges --and the steps taken by the UK authorities -- to
cooperate with this vital initiative which sets an important precedent
in the fight against impunity," Amnesty International said.

"It is only when Augusto Pinochet answers for the thousands of
"disappearances", executions, torture and arbitrary detentions committed
under his regime that a clear message will be sent to all those who
abuse their position: gross human rights violations will not be
tolerated under any circumstances."

International cooperation must be coupled by other governments seeking
clarification from the Chilean authorities on their own nationals that
might have been victims of human rights violation. In addition,
governments should facilitate efforts by their own citizens in their
search for justice. International cooperation must not be marred by
political considerations.

"Action by the international community against impunity is critical.
Investigation of human rights violations and prosecution of those
responsible have been seriously hindered in Chile because of the
application of the Amnesty Law of 1978 -- in reality a self-amnesty law
--passed by the military government of General Pinochet," Amnesty
International said.

"This breakthrough against impunity is not just a bilateral issue -- it
concerns the international community as a whole."

"The crimes investigated in the case against Augusto Pinochet constitute
crimes against humanity, and as such are subjected to the principles of
universal jurisdiction. Futhermore, in the light of the seriousness of
these crimes, the issue of the diplomatic immunity of Augusto Pinochet
is irrelevant," the organization added.

The armed forces under Augusto Pinochet?s command implemented systematic
and large-scale repression, exerting absolute control over the resources
of the State and using these to commit human rights violations, passing
repressive laws, denying victims judicial remedies, using the judicial
system to persecute oponents, placing society in a situation of total
defencelessness and generating an atmosphere of terror among the
population.

These crimes against humanity committed through State terrorism
activities, according to international law, are subjected to the
principles of universal jurisdiction. Also, the Organic Law of the
Judiciary and the Spanish Penal Code contain provisions granting
jurisdiction to the Spanish judges to try these crimes.

The UK victims of Augusto Pinochet's military regime are also awaiting
justice. "Now is the time for the UK government to make a public
commitment on the cases involving its own citizens. Equally, the Spanish
government should continue supporting the Spanish judges in their legal
proceedings," Amnesty International said.

Background
The human rights violations recorded in Chile during the government of
General Augusto Pinochet (1973 to 1990) -- which include thousands of
cases of torture, extrajudicial execution and "disappearance" --
constitute crimes against humanity. These crimes were committed by the
intelligence services -- Directorate of National Intelligence (DINA) and
the National Information Centre (CNI) -- which reported to President
Augusto Pinochet.

The Truth and Reconciliation Commission (Comisión Rettig) -- which has
extensively documented the human rights violations committed during the
dictatorship -- stated that these crimes were committed through the
practice of State terrorism.

The judges from the Spanish National High Court (Audiencia Nacional),
Baltazar Garzón and Manuel García-Castellón, have been investigating
human rights violations against Spaniards in Chile during the 1973 to
1990 military government of Augusto Pinochet. In mid-October 1998 the
judges filed a commission rogatoire (official petition) with the UK
authorities to question former General Augusto Pinochet. On 17 October
the UK authorities ordered his arrest.

For further information, please refer to Amnesty International report:
The international community?s responsibility regarding crimes against
humanity: Trials in Spain for crimes against humanity under military
regimes in Argentina and Chile (29 May 1998, AI Index: AMR 03/01/98.)
ENDS.../
Amnesty International, International Secretariat, 1 Easton Street,
WC1X 8DJ, London, United Kingdom