EXTRADITION AND DIPLOMATIC IMMUNITY

PINOCHET CASE Date Event Summary 1973 - Army general Augusto Pinochet takes over the government of Chile in a violent coup d’etat 1970s and 1980s - For the next 20 years, Pinochet’s regime engaged in ruthless forms of torture, murder, and kidnapping or disappearing of Chilean dissidents 1990 - Pinochet left the presidency, yet remained Commander in Chief of the army 1998 - Pinochet took a Senatorial position for life Late 1998, Pinochet was undergoing medical treatment in London, when a Spanish judge issued a warrant for his arrest Arrested in London and Spanish authorities requested his extradition in charges of crimes against humanity London’s high court ruled Pinochet was immune from arrest and prosecution because he was head of state at time of alleged crimes. Held in custody pending appeal

PINOCHET CASE Time Event Description November 1998 -House of Lords ruled in a 3-2 decision that Pinochet was not entitled to immunity and would have to await the results of extradition hearings -Due to perceived bias in 1st hearing, a second hearing was held and immunity was also denied October 1999 -British court ruled that Pinochet could be extradited to Spain November 1999 -Chilean gov’t asked the British government to determine whether Pinochet was medically fit to stand trial -Doctors examined him and indicated that due to his poor health, he would be unfit to stand trial March 2000 -British gov’t allowed Pinochet to return to Chile August 2000 -Chilean Supreme Court ruled that Pinochet should be stripped of his immunity and stand trial

PINOCHET CASE Time Event Description December 2000 -Pinochet was indicted for crimes against humanity -Court of Appeal threw out the case because the judge had failed to question Pinochet, a requirement under Chilean law -Supreme Court of Chile agreed with this ruling January 2001 - Original judge questioned Pinochet and re-indicted him July 2001 - Lower court decided to halt the prosecution because of Pinochet’s dementia July 2002 -Chile’s highest court supported the lower court decision

Finally…. In 2004, the appeals court in Chile stripped Pinochet of his diplomatic immunity status and ruled the 88 year old former General could be charged with human rights violations - at issue was the fact that Pinochet appeared lucid in TV interviews.