Sugarman on The Hidden Histories of the Pinochet Case 1

David Sugarman, Lancaster University Law School, has published The Hidden Histories of the Pinochet Case 1. Here is the abstract.

Although states are in certain circumstances legally obliged to arrest acting or former heads of state for crimes committed while they were in office, their governments often chose not to. The 1998 arrest in London of General Augusto Pinochet, Chile’s former dictator, by a Spanish magistrate on charges of egregious human rights crimes, and the 16-month battle to extradite him to Madrid was the first time that a former head of state had, while travelling abroad, been arrested on charges of genocide and crimes against humanity, and where a claim to immunity was rejected by a national court. Surprising almost everyone, this drama caught the world’s imagination. Never have the conduct and decisions of the UK’s Home Secretary, the Law Lords, and Amnesty International generated such international attention. The whole episode constituted the most intensive, high-profile litigation of its kind ever undertaken. Hugely controversial, it gave a massive fillip to human rights movements and galvanized victims, their loved ones, activists, and lawyers into action. Its cause célèbre status was magnified when Lord Hoffmann, who delivered the deciding vote when the case first came before the Law Lords, did not disclose in public his links with Amnesty International, an intervenor in these proceedings, thereby opening the way for the case to be reheard. Pinochet’s release on health grounds by Home Secretary Jack Straw, then rising from his wheelchair on landing in Santiago to wave at jubilant supporters, further magnified the notoriety of the case. Weaving together a variety of sources – including a unique set of interviews with key judges, lawyers and other actors involved conducted during or shortly after the case – this article provides what I believe to be the most comprehensive behind-the-scenes account to date of the legal proceedings in London. The story that emerges is full of coincidence and unpredictable decisions - a story with many plots and protagonists, victims, villains, and heroes. It reveals much that is new about the law and politics of the case. It illuminates the role of personal views and judicial creativity in top courts, the ways in which law operates in practice, and its promise and limitations. My hope is that the article will change the way we think about the Pinochet case.

Download the article from SSRN at the link.