The Pinochet Papers: The Case of Augusto Pinochet Ugarte in Spain and BritainReed Brody, Michael Ratner Martinus Nijhoff Publishers, 2000 M10 12 - 506 páginas The arrest of General Augusto Pinochet in October 1998 was a wake-up call to tyrants everywhere. The two subsequent rulings by the British House of Lords rejecting his claim of immunity forged legal history. This book traces the legal proceedings in the Pinochet case from the investigation in Spain, through the October 1999 ruling by a London Magistrate that Pinochet could be extradited to Spain, to the final decision to release Pinochet for health reasons. By including the full text of the British judicial decisions as well as the arrest warrants, translations of the key Spanish court rulings, excerpts from the legal arguments put forward by all sides, and commentaries by participants in the case and legal scholars, this volume gives the reader an understanding of the factual, political, and legal context of this historic prosecution. |
Contenido
Introduction The Beginning of the End of Immunity | 3 |
Table of Contents | 12 |
The Spanish Proceedings | 23 |
The Lords Decision in Pinochet III | 33 |
Spanish Request to Question General Pinochet 14 October 1998 | 55 |
The First Provisional Arrest Warrant 16 October 1998 | 61 |
The Second Provisional Arrest Warrant 22 October 1998 | 67 |
House of Lords Hearing Excerpts from Legal Submissions | 109 |
Representation of Human Rights Watch to Secretary of State | 363 |
Order of the Third Section of the Criminal Chamber of | 383 |
Judgment in the Bow Street Magistrates Court | 397 |
Letters between the Home Office and Pinochets Lawyers | 405 |
Press Statement by Secretary of State Jack Straw regarding | 411 |
Decision of the High Court of Justice for England and Wales | 417 |
British Medical Report on Augusto Pinochet | 447 |
Comments of Spanish Doctors on British Medical Report | 461 |
Decision by the Appellate Committee of the House of Lords | 127 |
Authority to Proceed by Secretary of State Jack Straw | 181 |
The Spanish Extradition Request excerpts | 203 |
Excerpts of Proceedings before the Appellate Committee of | 219 |
Letter from Foreign and Commonwealth Office 21 January 1999 | 243 |
Statement of Secretary of State Jack Straw in the House | 481 |
Excerpts of Statutes and Treaties | 487 |
Chronology | 501 |
Otras ediciones - Ver todas
The Pinochet Papers: The Case of Augusto Pinochet in Spain and Britain Michael Ratner,Reed Brody Vista previa limitada - 2021 |
Términos y frases comunes
29 September accused acts of torture alleged amnesty appeal apply argument arrest Article Audiencia Audiencia Nacional Augusto Pinochet Ugarte authority to proceed charges Chile Chilean conduct conspiracy to torture constitute crimes against humanity customary international law December decision diplomatic Divisional Court double criminality entitled to immunity exercise extra-territorial Extradition Act 1989 extradition crime extradition proceedings extradition request foreign former head functions genocide Home Secretary House of Lords human rights Immunity Act 1978 immunity in respect immunity ratione materiae international crime issue judge judgment judicial jus cogens Law Lords Lord Browne-Wilkinson Lord Hoffmann Lord Hope Lordships magistrate medical report murder national courts October offence official acts official capacity parties principle prosecution provides public official punishable question regard relation relevant rule second provisional warrant Senator Pinochet September 1988 sovereign immunity Spain Spanish stand trial Statute submission territory torture and conspiracy Torture Convention United Kingdom universal jurisdiction Vienna Convention