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Vol 21 No 10 Oct/Nov 2016

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The Pinochet Papers

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ISBN13: 9789041114044
ISBN: 9041114041
Published: June 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £197.00



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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.

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Contents:
Foreword. Part I: Commentaries.
1. Introduction -- The Beginning of the End of Immunity and Impunity of Officials Responsible for Torture; N. Rodley.
2. The Case of Augusto Pinochet; R. Brody.
3. The Spanish Proceedings; R. Wilson.
4. The Lords' Decision in Pinochet III: A Legal Analysis; M. Ratner. Part II: Documents and Materials.
5. Spanish Request to Question General Pinochet, 14 October 1998.
6. Spanish Request to Arrest General Pinochet, 16 October 1998.
7. The First Provisional Arrest Warrant, 16 October 1998.
8. Letter to Home Secretary from Kingsley Napley seeking cancellation of the First Provisional Warrant, 21 October 1998.
9. Letter to Crown Prosecution Service from Kingsley Napley objecting to request for a second provisional warrant, 22 October 1998.
10. The Second Provisional Arrest Warrant, 22 October 1998.
11. Decision of the High Court of Justice for England and Wales, 28 October 1998.
12. Order of the Criminal Chamber of the Spanish Audiencia Nacional affirming Spain's jurisdiction, 5 November 1998.
13. House of Lords Hearing K Excerpts from Legal Submissions, November 1998.
14. Decision by the Appellate Committee of the House of Lords, 25 November 1998 (`Pinochet I').
15. Authority to Proceed by Secretary of State Jack Straw, 9 December 1998.
16. Reasons for Authority to Proceed by Secretary of State Jack Straw, 9 December 1998.
17. Decision by the Appellate Committee of the House of Lords, 15 January 1999 (lead opinion of Lord Browne-Wilkinson) (`Pinochet II').
18. The Spanish Extradition Request `excerpts'.
19. Statement of Ambassador Roberto Garreton, 12 January 1999.
20. Excerpts of Proceedings before the Appellate Committee of the House of Lords.
21. Letter from Foreign and Commonwealth Office, 21 January 1999, on the question of the recognition of Pinochet as Head of State.
22. Submissions in Reply by Human Rights Watch, 3 February 1999.
23. Speeches to the House of Lords, 24 March 1999 (Summary of Report of the Appellate Committee).
24. Decision by the Appellate Committee of the House of Lords, 24 March 1999 (`Pinochet III').
25. Representation of Human Rights Watch to Secretary of State Jack Straw, 7 April 1999.
26. Second Authority to Proceed by Secretary of State Jack Straw, 15 April 1999.
27. Reasons for Second Authority to Proceed by Secretary of State Jack Straw, 15 April 1999.
28. Order of the Third Section of the Criminal Chamber of the Spanish Audiencia Nacional affirming the pre-trial detention of General Pinochet, 24 September 1999.
29. Judgment in the Bow Street Magistrates' Court, The Kingdom of Spain -- v- Augusto Pinochet Ugarte, 8 October 1999.
30. Letters between the Home Office and Pinochet's Lawyers, 5 November - 30 November 1999.
31. Press Statement by Secretary of State Jack Straw regarding Pinochet's medical tests, 11 January 2000.
32. Response of Judge Baltasar Garzon to Jack Straw, 13 January 2000.
33. Decision of the High Court of Justice for England and Wales, R v Secretary of State for Home D