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DATE=10/20/98 TYPE=BACKGROUND REPORT NUMBER=5-41638 TITLE=PINOCHET / INTERNATIONAL LAW BYLINE=BILL RODGERS DATELINE=WASHINGTON CONTENT= VOICED AT: INTRO: BRITAIN'S DETENTION OF FORMER CHILEAN DICTATOR AUGUSTO PINOCHET MAY HELP BREAK NEW GROUND IN INTERNATIONAL HUMAN RIGHTS LAW BY MAKING IT HARDER FOR THOSE ACCUSED OF CRIMES AGAINST HUMANITY TO ESCAPE JUSTICE. V-O-A'S BILL RODGERS REPORTS ON THE DETENTION'S LEGAL IMPLICATIONS. TEXT: BRITAIN IS HOLDING GENERAL PINOCHET AT THE REQUEST OF SPAIN, WHICH WANTS TO EXTRADITE HIM TO ANSWER QUESTIONS ABOUT HUMAN RIGHTS VIOLATIONS COMMITTED AGAINST SPANISH NATIONALS AND OTHER FOREIGNERS DURING HIS 17-YEAR MILITARY RULE OF CHILE. BRITISH AUTHORITIES DETAINED THE FORMER DICTATOR (FRIDAY 10/16) AT A LONDON HOSPITAL, WHERE HE HAD UNDERGONE BACK SURGERY. IN RECENT YEARS, IT HAS BECOME MORE COMMON FOR NATIONS OR INTERNATIONAL TRIBUNALS TO REACH ACROSS NATIONAL BORDERS TO APPREHEND THOSE SUSPECTED OF GENOCIDE, TORTURE AND OTHER CRIMES AGAINST HUMANITY. ACCORDING TO MANY HUMAN RIGHTS MONITORS AND LEGAL SCHOLARS, THE DETENTION OF GENERAL PINOCHET FURTHER STRENGTHENS THIS TREND IN INTERNATIONAL HUMAN RIGHTS LAW. JOEL SOLOMON OF HUMAN RIGHTS WATCH EXPLAINS. ///SOLOMON ACT/// THAT'S WHERE THE VERY IMPORTANT STEP FORWARD IS TAKING PLACE IN THIS CASE BECAUSE INTERNATIONAL LAW DOES RECOGNIZE THAT FOR CRIMES AGAINST HUMANITY ANY COUNTRY HAS JURISDICTION OVER THOSE CRIMES. MANY, MANY YEARS AGO WE SAW A SIMILAR CONCEPT IN PIRACY WHERE ANY COUNTRY COULD TRY A PIRATE EVEN IF THE COUNTRY BRINGING THE PIRATE TO COURT DIDN'T SUFFER THE ACTS OF THAT PARTICULAR PIRATE. LATER WE SAW THESE PRINCIPLES IN THE NUREMBERG TRIALS. SO THIS IS SOMETHING THAT HAS BEEN AROUND AS A CONCEPT FOR QUITE AWHILE, BUT IT'S NEW THAT THE SPANISH GOVERNMENT IS APPLYING IT AND THAT'S WHY IT'S SUCH AN IMPORTANT STEP FORWARD. ///END ACT/// GENERAL PINOCHET, WHO RELINQUISHED POWER IN 1990, TRAVELLED TO BRITAIN WITH A DIPLOMATIC PASSPORT. HIS LAWYERS ARE CLAIMING DIPLOMATIC IMMUNITY TO CONTEST HIS ARREST AND POSSIBLE EXTRADITION TO SPAIN. BUT THE 1961 VIENNA CONVENTION ON DIPLOMATIC RELATIONS WOULD SEEM TO EXCLUDE THE FORMER DICTATOR. THE CONVENTION SAYS DIPLOMATIC IMMUNITY IS NOT DESIGNED TO PROTECT AN INDIVIDUAL, BUT TO ENSURE THE FUNCTIONING OF DIPLOMATIC MISSIONS. LEGAL EXPERTS NOTE GENERAL PINOCHET WAS NOT ON DIPLOMATIC BUSINESS WHEN HE TRAVELLED TO LONDON. BUT EVEN IF HE IS SUCCESSFUL IN FIGHTING EXTRADITION, JOEL SOLOMON OF HUMAN RIGHTS WATCH BELIEVES AN IMPORTANT PRECEDENT HAS BEEN SET. ///SOLOMON ACT/// I THINK THAT THE MESSAGE WILL REMAIN NO MATTER WHAT THE OUTCOME OF THE PINOCHET DETENTION. THE MESSAGE WILL REMAIN THAT DICTATORS CANNOT EXPECT SAFE-HAVEN ABROAD JUST BECAUSE THEY'VE BEEN ABLE TO CARVE OUT SOME SAFE HAVEN AT HOME. AND THAT WILL BE POSITIVE NO MATTER WHAT HAPPENS WITH GENERAL PINOCHET. ///END ACT/// GENERAL PINOCHET, WHO LED A MILITARY COUP THAT OVERTHREW AN ELECTED MARXIST GOVERNMENT IN 1973, IS ACCUSED OF PRESIDING OVER A BLOODY DICTATORSHIP. SOME THREE-THOUSAND PEOPLE WERE KILLED IN CHILE AND HUNDREDS OF OTHERS DISAPPEARED DURING HIS RULE. HOWEVER, GENERAL PINOCHET WAS GRANTED IMMUNITY FROM PROSECUTION UNDER CHILE'S CONSTITUTION WHICH WAS DRAFTED AND ADOPTED WHILE HE WAS IN POWER. (SIGNED) NEB/WFR/JO 20-Oct-98 4:00 PM EDT (2000 UTC) NNNN Source: Voice of America .