>From the excellent Guardian website a serious legal challenge by Pinochet's
lawyers which hopefully is invalid, but illustrates the wide spread of the
battle lines in global civil society over his case (the Spanish judge was
no mere maverick), and surprise, surprise, once again, the influence of the
tobacco companies.
Chris Burford
London.
>>>>>>>>>>>>>>>>>>>>
Saturday December 5, 1998
Pinochet challenges Law Lord
Lawyers allege bias in ruling
By Jamie Wilson and Burhan Wazir
Lawyers acting for General Augusto Pinochet are seeking to overthrow the historic House of Lords ruling against the former Chilean dictator on the grounds that the wife of one of the Law Lords works for Amnesty International.
They are believed to be seeking the annulment on the grounds that Gillian Hoffman, the wife of Lord Hoffman - who cast the deciding vote that found Pinochet was not immune from prosecution - is an administrative assistant with the Human Rights organisation in London.
Pinochet is wanted by the Spanish authorities on charges of genocide, torture and terrorism, and ordering the murders or "disappearances" of 3,178 people.
Last night Chilean sources disclosed that submissions sent to the Home Office by Kingsley Knapley, the solicitors acting for Pinochet, claim that Lady Hoffman's position at Amnesty questions the validity of the ruling. They are believed to suggest that Lady Hoffman's relationship with Amnesty could give the appearance of bias.
It is understood the submissions claim Pinochet's supporters did not object to Lord Hoffman sitting on the panel as they had been unaware of his wife's link to Amnesty.
The Home Secretary has until next Friday to decide whether to issue "an authority to proceed" which would allow Spain's formal request for extradition to be heard.
Mr Straw has spent the last week studying various submissions from interested parties, including the Chilean government, the Spanish authorities and human rights groups including Amnesty International.
Leading human rights lawyer Geoffrey Robertson QC, last night said that any suggestion of bias in the Law Lord's ruling was "preposterous".
"Pinochet's lawyers were given ample opportunity to object to any of the judges before the hearing. Besides Lords Hoffman and Nicholls basically accepted the arguments of the Crown Prosecution Service not wider submissions made by human rights groups," he said.
The submissions from Pinochet's lawyers to the Home Secretary, which are also believed to argue that the 83-year-old former dictator should be allowed to return to Chile on compassionate grounds, were lodged with the Home Office this week.
Last night a spokesman for Amnesty ridiculed the suggestion that Lord Hoffman could have in any way been influenced by his wife's position.
"If the Pinochet legal team have got to the stage where they are now pursuing this, they are clearly grasping at straws.
"Gillian Hoffman is an administrative assistant at our international office in London. She has had no involvement in our policy or campaigning on the Pinochet case whatsoever.
"To suggest that this had any influence on Judge Hoffman's legal decision is a very serious and unsubstantiated allegation.
"Pinochet's people are not able to deny the crimes he has committed so they are reduced to this type of innuendo and conspiracy theory to try to defend him," the spokesman added.
Lord Hoffman was unable to be contacted last night.
Pinochet is due to make his first public appearance since his arrest in October at a bail hearing at Bow Street magistrates court next Friday.
The 83-year-old former dictator is currently staying in a rented house on the exclusive Wentworth estate in Surrey.
It is understood that among those helping to pay the general's substantial bills is Carlos Carceres, president of the Chilean subsidiary of British American Tobacco (BAT), the international tobacco corporation. Mr Cerceres is also on the board of directors of the Pinochet Foundation, a pro-Pinochet vehicle to dispense scholarships to the children of military men. The foundation is now leading the fight to defend the former dictator instead.
Last night, Michael Perdeaux, director of consumer affairs for BAT said: "The funding being given to General Pinochet's case is being given by a Chilean subsidiary of BAT. The donations are being administered in a purely personal capacity that have little to do with the company."
© Copyright Guardian Media Group plc.1998