New Pinochet Sign-on Letter

New Pinochet Sign-on Letter
(January 20, 2000)
Produced by the Institute for Policy Studies

Letter to Spanish President Jose Maria Aznar: Sign On Now!

British Home Secretary Jack Straw formally acknowledged on Wednesday that the Kingdom of Spain has the right to file an appeal for judicial review if he decides to end extradition proceedings against Augusto Pinochet. The Home Secretary said that he is acting in a 'quasi-judicial' capacity rather than using discretionary political authority to make his decision. The Crown Prosecution Service (CPS), representing Spain, has stated that there are clear grounds for filing this appeal given the apparent irregularities in Straw's handling of Pinochet's medical exams.

Spain, France, Belgium and Switzerland togther with a wide range of human rights organizations and US Representatives have criticized Straw's handling of the medical exams. No representative from the prosecution was allowed to be present when the exams were conducted and the parties to the case have not been allowed access to the final medial reports. Straw has not articulated the legal standard used to determine that Pinochet is 'unfit to stand trial'. Many point out that only Pinochet's mental health should be considered for ending the extradition proceedings, including his ability to understand the charges against him and to participate in his own defense. Chilean Judge Juan Guzmán, who oversees the nearly 60 cases filed in Chile against Pinochet , told the Argentine press today that his sources suggest that Pinochet is in 'perfect metal healt'.

Judge Baltasar Garzón has already requested that the CPS pursue the judicial review appeal. However, Spanish Foreign Minister Abel Matutes has stated that Spain will not formally transmit any appeal to Straw's pending decision. Spanish lawyers Juan Garcés and Manuel Murillo, representing the prosecution team for the case against Pinochet , emphasized in a press conference on Wednesday that this is a judicial matter and insist that the political authorities should therefore not interfere.

We encourage you to add your name as a representative of an organization or as an individual to the following letter that will be sent to Spanish President José María Aznar and cc'd to Spanish Foreign Minister Abel Matutes. Unfortunately, we do not know when Jack Straw will announce his final decision, although he has said that he will give parties to the case 24-hour notice. We apologize for the short notice, but must ask that all signatures be received no later than Sunday, January 23, 2000; if Straw does not give notice by this date, we will continue collecting signatures.

Excmo. Sr. D. José María Aznar
Presidente del Gobierno Español
Complejo de La Moncloa
28071 - Madrid
España/Spain
Fax: 011-34-1-390-0356

Dear President Aznar,

We are writing to urge you to allow justice to take its course in the ongoing proceedings against Chilean General Augusto Pinochet. We commend your government for transmitting the representation submitted by Judge Baltasar Garzón to British Home Secretary Jack Straw earlier this week. We are concerned, however, by the statement made by your Minister of Foreign Affairs, Sr. Abel Matutes, that his office will not transmit Judge Garzón's appeal, should Minister Straw decide to end extradition proceedings.

As you know, Judge Garzón has requested that the British Crown Prosecution Service (CPS), representing Spain, pursue all possible avenues for ensuring Gen. Pinochet's extradition, including an appeal for judicial review of the Home Secretary's decision. The CPS has indicated that irregularities surrounding recent medical exams could serve as clear grounds for judicial review, but will only pursue the appeal if so instructed by the Spanish government. Home Secretary Straw himself acknowledged yesterday that the Kingdom of Spain has the right to file for judicial review because he considers his judgement to be 'quasi-judicial' rather than discretional.

Given that there is currently a criminal legal case pending in the Spanish tribunals, the decision to appeal belongs exclusively to the courts, and in this particular case, to Judge Garzón, the magistrate overseeing the case against Pinochet. We urge you to respect the constitutional independence of the judicial branch of the Kingdom of Spain and formaly transmit Judge Garzon's request to the British authorities immediately.

Sincerely,