World

Pinochet Wins A Round

December 17, 1998 / 6:28 AM EST / AP

Britain's highest court on Thursday set aside its decision that Gen. Augusto Pinochet has no immunity from arrest and ordered a new hearing because of a judge's ties with the human rights group Amnesty International.

The decision by the House of Lords means that a panel of judges will hold another hearing next month on the former Chilean dictator's claim to immunity under British law.

It was the first time the Lords had overturned a decision by their own tribunal and marks a setback in Spain's efforts to extradite the 83-year-old general to face charges of murder and torture.

Announcing the unanimous decision, Lord Justice Nicolas Browne-Wilkinson, head of the Lords' tribunal that heard the complaint, said the Amnesty-affiliated judge "did not disclose his links" and should not have sat on the first panel.

"I am satisfied that the earlier decision of this house cannot stand and must be set aside," Browne-Wilkinson said.

He said detailed reasons for the decision would be given in the New Year, but that it was "essential that the parties should know where they stand as soon as possible."

Pinochet, who was arrested Oct. 16 while recovering from back surgery, cannot leave the country and remains under police guard at a rented mansion in Wentworth, 20 miles west of London.

Citing the maxim that justice must not only be done but seen to be done, Pinochet's lawyers complained during a two-day hearing this week that Lord Justice Leonard Hoffmann -- one of the majority in the Lords' 3-2 ruling Nov. 25 against Pinochet -- is the director of Amnesty's fund-raising arm.

In addition, Hoffmann's wife, Gillian, has worked since 1977 at the group's London headquarters.

"These facts had not been disclosed to the parties," Browne-Wilkinson said.

Amnesty has been a prime mover in a campaign to have Pinochet brought to trial for murder, torture, and other gross human rights abuses committed by his secret police during his 1973-90 rule after he overthrew the government of elected Marxist President Salvador Allende.

The 83-year-old general was due next month to start fighting the Spanish extradition warrant at a London magistrate's court. But that move will likely be on hold because of the new Lords' hearing.

An official Chilean report says some 3,000 people were murdered or disappeared at the hands of his secret police.

The Spanish government's lawyers called the complaint about Hoffmann a desperate attempt to free Pinochet after his lawyers failed to persuade Home Secretary Jack Straw, the British Cabinet member with the final say in extradition proceedings, that the judge was biased.

Straw gave the go-ahead Dec. 9 for proceedings to start.

On Wednesday, lawyers for Amnesty told the judges -- none of whom took part in the first hearing -- that neither Hoffmann nor his wife played any role in the campaign to have Pinochet brought to tral.