Court Orders New Pinochet Hearings
By The Associated Press
LONDON (AP) --
In an unprecedented move, Britain's highest court on Thursday set aside
its own
ruling against
Gen. Augusto Pinochet because a judge failed to disclose his ties to Amnesty
International.
The decision rattled the judiciary and stalled Spain's efforts to extradite the former Chilean dictator.
Responding to
the legal debacle in the House of Lords, the head of Britain's judiciary
said top judges
must be required
to declare any possible conflicts and withdraw from cases where bias might
be
inferred.
``We must make
every effort to ensure that such a state of affairs could not occur again,''
wrote
Lord Derry Irvine,
the Lord Chancellor.
The unanimous
ruling by a five-judge tribunal means that a new House of Lords panel will
rehear
Pinochet's claim
that, under British law, his status as a former foreign head of state gives
him
immunity from
arrest on charges of murder and torture during his 1970-1993 rule.
Pinochet, who
was arrested Oct. 16 while recuperating from back surgery, cannot leave
the country
and remains
under police guard at a rented mansion 20 miles west of London.
Chile, however,
renewed calls for the 83-year-old general to be sent home, suggesting he
could be
tried there
-- even though Pinochet has immunity from prosecution in Chile as a senator
for life and
under laws he
instigated while in office.
Citing the maxim
that justice must be done and also be seen to be done, Pinochet's lawyers
had
complained that
Lord Justice Leonard Hoffmann should not have been allowed to sit in judgment
of
Pinochet because
he is the director of Amnesty International's fundraising arm.
Hoffmann voted
with the majority in the Lords' 3-2 ruling on Nov. 25 holding that Pinochet
does not
have immunity.
In addition to
his role with the human rights group, the judge's wife has worked at Amnesty's
London
headquarters
since 1977.
Amnesty has played
a key role in a long campaign to have Pinochet charged with gross abuses
of
human rights
and also made special representations in the first hearing before Hoffmann
and the other
law lords. But
the group insists that Hoffmann and his wife played no role in its efforts
to try
Pinochet.
Delivering judgment
Thursday, however, Lord Justice Nicolas Browne-Wilkinson noted that
Hoffmann's ties
to Amnesty ``had not been disclosed to the parties'' and said Hoffmann
should have
withdrawn.
``I am satisfied that the earlier decision of this house cannot stand and must be set aside,'' he said.
Hoffmann, 64,
was out of the country and had no comment, his office said. The judge and
his wife
are native-born
South Africans who opposed apartheid and settled in Britain in the 1960s.
Although he has
had a highly successful legal career, the ruling by his fellow law lords
is personally
embarrassing.
It also raised
speculation that the political views and interests of judges -- who are
appointed by the
head of the
judiciary -- will be more closely scrutinized in future.
In New York,
Human Rights Watch said it was ironic that ``a dictator whose clandestine
war
tribunals ordered
the summary execution of hundreds of political opponents is now taking
advantage
of the full
measure of British rule of law.''
Amnesty chairman Andy McEntee noted that ``Augusto Pinochet has very inventive lawyers.''
``They will make this a long case, one that is hard for him to lose,'' McEntee said.
An official Chilean
report says about 3,000 people were murdered or disappeared at the hands
of
his secret police
after Pinochet overthrew an elected Marxist.
In Santiago,
Chilean President Eduardo Frei said Pinochet should ``be allowed to return
to Chile and
let us Chileans
decide on our affairs.''
``This is starting
to look like a legal or judicial soap opera,'' Chilean House Speaker Gutenberg
Martinez said.
The rehearing
in the Lords, probably Jan. 18, means extradition proceedings due to start
in a
magistrate's
court that day will likely be on hold. A British Cabinet minister ruled
Dec. 9 that
extradition
proceedings could start.