Former Chilean dictator Augusto Pinochet enjoyed his first few days of freedom at the weekend after 16 months of custody and house arrest in Britain. Many human rights campaigners and those who suffered at his hands in Chile after the 1973 military coup will be in despair. It would have been better if at some time after military rule ended that Pinochet had been brought to justice to answer the allegations against him for the atrocities that undoubtedly took place while he headed the military government.
But at least people concerned about human rights can take solace in two important developments in those 16 months.
The first is that it is now recognised in Britain and several European countries at least that there is no immunity for former heads of state from human-rights charges. The Pinochet case is another step in a growing internationalisation and universality of the recognition and enforcement of human rights and the punishment of those who breach them.
Secondly, the fact that Pinochet was accorded meticulous adherence to the rule of law by those who wanted to bring him to justice is an important example of how atavistic desires for vengeance must be put aside lest the justice system of the world sink to his level. It is an example of the importance of applying principles of law and justice universally. However unpalatable it might be, it was better that Pinochet be returned home than for the British or Spanish justice system to put on trial a man who is obviously mentally unfit to understand the charges being put to him. The medical reports on Pinochet make it plain that he was unable to defend any application to extradite him to Spain and unfit to stand trial there if extradited.
Just legal systems do not try and punish people who are suffering mental conditions such that they do not understand the proceedings or the nature of the case against them. Pinochet suffers from a condition of progressive deterioration of the frontal lobe of his brain. The world, particularly those concerned about human rights, would like to see the General Pinochet who led the coup and allegedly ordered the killings and the torture brought to justice. They should not want to see the shell of a man – almost a non-man – face punishment for crimes he now no longer knows anything about.
But it would be wrong for those Chileans who have supported Pinochet to rejoice in Britain’s decision or in any way read it as a vindication of the events that occurred after the 1973 coup. To the contrary. The decision is a vindication that the rule of law – not the rule of arbitrary military force – must apply. And the events of Pinochet’s arrest and his being subjected to extradition proceedings is a firm message that there is no succour for murderers and torturers. Far from giving succour to Pinochet’s supporters the events of the past 16 months should fill them with fear, especially those who took part in the atrocities. Let them step outside Chile if they think otherwise.
AND BRIEFLY . . . The Australian Government had little choice but to end the top up of the pensions of Britons in Australia after Britain has repeatedly refused to index their pensions as it does for its pensioners in Europe. Australia indexes the pensions of Australians living in Britain. Pensioner Britons will have to wait for 10 years before being eligible for an Australian pension. If Britons in Australia do not like it, they will have to lobby their own government, or apply to become Australians.