The Human Rights Actions Network



Help Extradite Pinochet!

Equipo Nizkor
Derechos Human Rights
Serpaj Europa



Derecho Human Rights congratulates Equipo Nizkor for its work within the
team that succesfully elaborated the necessary work in order to obtein the
detention of Augusto Pinochet Ugarte. This team was composed of the
Salvador Allende Foundation, the Human Rights Secretariat of Izquierda
Unida (second largest left political party in Spain) and Nizkor, as well
as the indispensable collaboration of Amnesty International London. No
matter what happens from now on, we do believe that this fact constitutes
a landmark as for the illegitimation and dissolution of the impunity
models. The provisional unconditional imprisonment of Augusto Pinochet
Ugarte constitutes the beginning of the end of the most perverse symbol of
such a phenomenon. We would like to celebrate it ant to share it with all
the human rights activists and organisms who have direct or indirecly
contributed to this event through his daily and continuous action. And
especially, with those who participated in the first Congress on Impunity
and its Effects on Democratic Processes, held in Santiago de Chile in
December, 1998. But ot is necesary to keep on working and thus, we are
requesting you to take into prior account this urgent action and to study
all forms of collaboration you may consider appropiate; if the
unconditional detention was a necessary step. It is not enough; Augusto
Pinochet Ugarte must be tried for crimes of genocide and terrorism.


Description of facts:

On October 16, 1998 the Investigating Court Number Five of the Spanish
National Criminal Court (Audiencia Nacional) -where the investigation
against the argentinean military who might be criminally responsible for
genocide, terrorist tactics, disappearances and gross human rights
violations perpetrated under their rule is being conducted-, has decreed
a provisional unconditional imprisonment order against AUGUSTO PINOCHET
UGARTE and has also issued an international arrest warrant against him.
Two days after, on October 20, 1998, a second writ was issued disposing
the same but with a much larger legal foundation and further factual

The evidence gathered until now by the Spanish Court reasonabily shows
that  Augusto Pinochet Ugarte has undertaken a series of criminal
activities in coordination with the Argentine military authorities,
among other authorities, and that he has ordered the physical
elimination of persons, tortures, abduction and disappearence, noy only
of Chilean citizens, but also of persons from different nationalities
and in different countries, all of which was implemented through the
action of the Intelligence Services (DINA-Directorate of National
Intelligence) in the frame of what they called the "Operation Condor".
This was the expression chosen by dictators of the Southern Cone to name
the criminal organization, endowed with international range, through
which they conceived and implemented a systematic plan aimed at the
ilegal detention (abductions) tortures, forced displacements of
persons, assassinations, .... against Argentinean, Spanish, British, US,
Chilean and other States' citizens. This intelligence nerwork had its
headquarters in Santiago, Chile, one of its explicit goals being the
elimination of political adversaries in Chile and other countries. This
armed organization took advantage of the military structure and the
usurpation of power, in order to institute a terrorist regime which
subverted the constitutional rule, all of which was perpetrated with
total impunity and in conjunction with similar structures in Argentina.
This acts constitute a crime of genocide, as established in article 607
of Spanish Criminal Code (CP), in  relation with other provisions of the
same Code, and also a crime of terrorism, as established in articles
515, 516, 571, 572 and 577 CP. Article 604 del CP is also applicable as
for the perpetration of torture. But which is even more important to the
Spanish legal foundation is the direct application of a series of
international standards, for this norms are endowed with direct effect
in Spanish domestic law once they have been ratified by the State of
Spain and thus: the Statute of the Nüremberg Court of 1945; the U.N.
General Assembly Declaration of 1946, confirming the principles of the
Statutes and Sentence of the Nüremberg Courts; the U.N. Convention on
the Prevention and Punishment of the Crime of Genocide of 1948; the U.N.
International Covenant on Civil and Political Rights of December 16,
1966; the U.N. Convention against Torture of December 10, 1984; the
European Convention on the Suppresion of Terrorism of January 27,
According to these provisions, also applicable in the United Kingdom,
the crimes of such nature may not be prescribed and their perpetrators
do not benefit neither from diplomatic immunity nor can they obtein
refugee statute or asylum and every country in the world is compelled to
their persecution and to co-operate in the persecution of such crimes
that might be undertaken by other countries.
In compliance with the request of the Spanish Judge the British
Authorities finally detained the accused. The Spanish Judge issued this
request once the popular accusations representing the Human Rights
Secretariat of Izquierda Unida (second Spanish political left party) and
the Salvador Allende Foundation requested him to do so (which has been
possible thanks to the figure known in Spanish Law as "accion popular",
or popular action, which may be brought by any Spanish citizen,
regardless of injury or other standing, in the public's interest).
We have to underline that the Investigating Court Number Six of the
Spanish National Criminal Court was also conducting, an investigation on
the crimes of genocide and terrorism committed under the Chilean
Dictatorship. The Judge in charge of this Court, Garcia Castellon,
issued a writ on September 15, 1998, through which he firmly stated his
competence. However, this Judge ceded this case to Baltasar Grazon's
Court, thus unifying both procedures.
Once the provisional inconditional imprisonment and the international
arrest warrant against Augusto Pinochet had been decreed, the
attorney-general's office presented an appeal against the Court's
Since the very beginning of these cases the Attorney's Office of the
Audiencia Nacional, conducted by Chief Porsecutor Eduardo Fungairiño,
and the Attorney-General's Office, conducted by General Attorney Jesús
Cardenal, have not complied with their obligations as provided by the
Spanish laws; they have even obstructed the process and worked in favor
of the assassins and not of the victims. Both of them are political
appointees named by Aznar's government and in the case of Eduardo
Fungairiño even without taking into account the opinion in contrary from
the Attorney's Council.
Chief Prosecutor Fungairiño is supposed to have written a report in
which he defined the Chilean and Argentine Coups d'Etat as "temporary
interrumptions of the constitutional order" in the name of national
The doctrine that the Attorney's Office of the Audiencia Nacional is
calling upon is the doctrine of the "state of exception", located in the
Franco Prussian war of 1880 and that has lasted to date. This doctrine,
through the so called "doctrine of the sniper", has been introduced into
tha German and French laws and saw its definite application by the Nazi
government, and by their allies all over Europe. According to this
doctrine, democracy, should it exist, can be ordered through exceptional
procedures, amongst which is the coup d'etat, whose aim is the
"ordering" of civil society and the physical elimination of all
opponents. For this it utilises the dialectic friend-enemy, and,
discards for obvious reasons, all ethical values of which the human
rights' rationality is expression. Based on this decisive doctrine, the
Chief Prosecutor of the Audiencia Nacional has tried to file away these
proceedings, and its existence is justified by the criticism against all
legal doctrines based on rational natural law.
Having being detained, the extradition of Augusto Pinochet Ugarte is
ruled by the Spanish Criminal Procedure Code, the British-Spanish
Extradition Treaty of July 22, 1985 and the provisions of the  European
Convention on Extradition of December 13, 1957, ratified by Spain on
April 21, 1982, its additional Protocol of October 15, 1975 and the
principle or reciprocity between both states. It is the Judge in charge
who must address the petition to the Ministry of Justice who, in turn,
must address it to the goverment, the government's role beeing
restricted to its reception and deliverance. This means that the
decision depends only upon the British Authorities, who might oppose
mere "political reasons".

According to this all, a series of actions before the Spanish and
British authorities are requested:

Please, contact the SPANISH AUTHORITIES and Members of the Spanish
Parliament requesting them the following:

1) That the Spanish government dispatchs as soon as possible the
extradition request issued by the Investigating Criminal Court Number
Five of the Spanish National Criminal Court.

2) That the government addresses the Attorney's Office of the National
Criminal Court urging this organism to comply with its founctions as
provided in Spanish laws and to put an end to his attitude in defense of
those responsible of crimes against humanity, including genocide, and of
gross violations of human rights; in particular, to stop obstructing the
initiated process aimed at putting an end to the impunity of Augusto
Pinochet Ugarte, one of the main responsibles for the international
criminal organization known as "Operation Condor", and thus, to comply
with their obligations arising from the international norms of ius
cogens that provide that crimes against humanity, including genocide,
may neither be prescribed, nor pardonned, and are of universal

3) That the government addresses the Chief Prosecutor of the Spanish
National Criminal Court urging him to stop his obstructive attitude on
the grounds of a decisive doctrine -as it has been exposed above- in
opposition to the rationality of human rights, all democratic principles
and the principles of the rule of law.

To the British Authorities and Members of the British Parliament:

1) To agree to the extradition of Augusto Pinochet Ugarte in order to be
tried in Spain for crimes of genocide and terrorism.

2) To act according to the compromises derived from the Human Rights
Foreign Affair Policy of the UK, in the way provided by the European
Convention on the Suppression of Terrorism and the United Nations
Principles, Principles for international cooperation for the
identification, extradition and punishment of the perpetrators of war
crimes and crimes against humanity.

A) SPANISH AUTHORITIES AND MPs: (Autoridades espanholas y
- Presidencia del Gobierno. José María Aznar (Presidence of Government)
Fax: +34.91.549.2739
- Ministra de Justicia. Dña. Margarita Mariscal de Gante y Mirón.
(Ministry of Justice)
Fax: +34.91.390.2268
- Fiscalía General del Estado. D. Jesús Cardenal Hernández.
(Attorney-General's Office)
Fax: +34.91. 319.3317
- Fiscal Jefe del Estado. D. Eduardo Fungairiño. (Chief Prosecutor of
Spanish National Criminal Court)
Fax: +34.91.397.0381
- Presidente del Congreso de los Diputados. D. Federico Trillo-Figueroa
Martínez- Conde. (President of Congress)
Fax: +34.91.429.7138
- Portavoz del Grupo Popular ante el Parlamento. D. Luis de Grandes.
(Popular Party Speaker before the Parliament)
Fax: +34.91.420.2516
- Portavoz de CiU ante el Parlamento. D. Joaquim Molins i Amat. (CiU
Speaker before the P.)
Fax: +34.91.429.6776
- Portavoz del PNV ante el Parlamento. D. Iñaki Mirena Anasagasti
Olabeaga. (PNV speaker before the P.)
Fax: +34.91.429.4623
- Portavoz de Coalición Canaria ante el Parlamento. D. Juan Carlos
Mauricio Rodríguez. (Coalición Canaria speaker before the P.)
Fax: +34.91.369.0515
- Portavoz del Partido Socialista Obrero Español ante el Parlamento. D.
Josep Borrell (Socialist Party speaker before the P.)
Fax: +34.91.429.7860

B) BRITISH AUTHORITIES AND MPs/Autoridades británicas y parlamentarios:
a) Secretary of State for Home Affairs The Rt Hon Jack Straw, MP
Home Office 50, Queen Anne's Gate, London SW1H 9AT
Fax: +44 171 273 3965
b) Secretary of State for Foreign and Commonwealth Affairs The Rt Hon
Robin Cook, MP
Foreign and Commonwealth Office Downing Street London SW1A 2AL
Fax: +44 171 270 3539
c) Cabinet Office The Rt Hon Dr Jack Cunningham, MP Downing Street
London SW1A 2AL
Fax :+44 171 270 0196
d) British Embassy, Madrid, Spain. Fax: +34.91.308.1033
Members of the British Parliament:
e) Chair of Parliamentary Human Rights Group Rt Hon Ann Clwyd, MP House
of Commons London SW1A OAA Fax: +44 171 219 5943
f) Chair of Parliamentary Select Committee on Foreign Affairs Rt Hon
Donald Anderson, MP
House of Commons London SW1A OAA
g) Rt Hon Jeremy Corbyn, MP House of Commons London SW1A OAA Fax: +44
171 219 2328

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The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.