LONDON -- Britain's highest court Wednesday upheld Gen. Augusto Pinochet's arrest on charges of human rights violations, dashing the former Chilean dictator's hopes of immediately returning home. But the tribunal negated most of the charges lodged by Spain in seeking his extradition.
The general still could end up in the dock, but not for offenses committed before 1988, when Britain signed the International Convention Against Torture. Pinochet surrendered the presidency in 1990 after 17 years of hard-line rule, and he remained in charge of the army for eight more years.The ruling appeared to mark the first time a national court had denied a foreign head of state immunity from prosecution, Lord Chief Justice Nicolas Browne-Wilkinson said. Many experts have suggested successful prosecution of the general would render all world leaders vulnerable to charges filed by other governments.
In a 6-1 decision, a House of Lords tribunal ruled that Pinochet is not entitled to immunity from arrest, despite his status as a former head of state. But it also threw out all but three of the 30 charges in a Spanish warrant seeking his extradition.
The judges said the 83-year-old general can be prosecuted for three counts alleging numerous cases of conspiracy to torture and one case each of torture and murder conspiracy.
Browne-Wilkinson said that due to the substantial reduction in charges, Home Secretary Jack Straw should reconsider whether the extradition request should proceed. Pinochet must stay in Britain during the battle over his extradition.
Immediately after the ruling, Pinochet's lawyers said they would file an appeal Wednesday of Straw's December decision to allow the extradition process to move forward.
Former Conservative Prime Minister Margaret Thatcher, a long-time Pinochet ally, called on Straw to allow Pinochet to return to Chile.
"The law lords have now confirmed that almost all the charges brought against Senator Pinochet are inadmissible," Thatcher said. "In these circumstances, it is quite wrong to keep him here."
Straw's office said he would have no comment.
In Chile, the decision was greeted with elation by both the general's supporters and detractors, each of whom found elements to celebrate.