AI Index: AMR 22/000/2002 (Public)
News Service No: 72
23 April 2002
Chile/UK: UK shirks its obligation to cooperate in human rights investigation
On the eve of Henry Kissinger's visit to the United Kingdom, Amnesty
International today criticized the reported refusal of the UK Home Office
to cooperate with requests by French and Spanish judges to question the
former US Secretary of State as a witness concerning widespread and
systematic human rights violations -- amounting to crimes against humanity
-- committed in Chile under the military government of Augusto Pinochet.
Spanish National Court judge Baltasar Garzón and French judge
Sophie-Helene Chateau, who are investigating cases of human rights
violations committed in Chile, each filed a commission rogatoire (an
official request for information) requesting permission of the UK
authorities to question Henry Kissinger as a witness for his knowledge of
the secret operation known as "Operation Condor".
The request of the Spanish and French judges is based on the mutual
obligations of European countries under the European Convention on Mutual
Assistance in Criminal Matters between the Member States of the European
Union, of which the UK, Spain and France are parties.
"UK, French and Spanish nationals were among the thousands of victims
of human rights violations committed under Plan Condor, and the UK
authorities should cooperate with the Spanish and French judges in their
investigations into these violations," Amnesty International said.
"By questioning Henry Kissinger, investigating judges could obtain
important information to advance the long quest for truth and justice," the
organization added, urging the UK authorities to fulfil their obligations
under international law by granting permission to question him.
As well as being a violation of the UK's obligation under the
European Convention, the reported refusal by the Home Office to cooperate
with the French and Spanish authorities is inconsistent with its
obligations under general principles of law, which were recognized by the
United Nations (UN) General Assembly in the 1973 UN Principles of
international cooperation in the detection, arrest, extradition and
punishment of persons guilty of war crimes and crimes against humanity.
"This would be a clear indication of the UK government's commitment
to human rights and its determination to cooperate with European Community
member states in human rights issues," Amnesty International concluded.
Background
Operation Condor was a coordinated intelligence operation between the
military governments of Argentina, Bolivia, Brazil, Chile, Paraguay and
Uruguay in the 1970s. As part of the operation, political exiles in any of
these countries were illegally taken and returned secretly to their
countries of origin, where they would be tortured, "disappeared" and often
murdered. The operation was set up in Santiago, Chile; the military
government of Chile and Chilean intelligence had close links with their US
counterparts.
Principle 6 of the UN Principles of international cooperation in the
detection, arrest, extradition and punishment of persons guilty of war
crimes and crimes against humanity declares that "[s]tates shall co-operate
with each other in the collection of information and evidence which would
help to bring to trial [persons against whom there is evidence that they
have committed crimes against humanity] and shall exchange such
information".
William Beausire, a UK-Chilean dual national, was a victim of
Operation Condor. He was abducted in Buenos Aires Ezeiza airport by members
of the Argentine security forces in November 1974, as he was on his way to
France. He was returned to Chile and held in various secret detention
centres where he was tortured. William Beausire is one of the over 1,000
victims of "disappearance" in Chile. Since his "disappearance", his
relatives have been trying to clarify his fate and to achieve justice both
in Chile and abroad.
Public Document
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For more information please call
Amnesty International's press office in London, UK,
on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW.
web:http://www.amnesty.org
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