counterblast

So, Jack Straw, the former student radical, is minded to free the former Chilean dictator General Pinochet, a man who is, as our American cousins would say it, an indicted felon. Straw's grounds are that no purpose would be served by allowing the extradition to Spain on charges of gross human rights violations. Well, shame on you, Home Secretary.

This arrogant and cruel man, who only months ago defied the jurisdiction of British courts, is now too 'frail' and incapable of facing a potential trial in Spain. The irony of Mr Straw basing his decision on humanitarian grounds cannot but make me cringe with a mixture of disbelief and righteous anger.

Of course, Jack Straw had prepared us for something like this by refusing to prosecute other recent cases and by agreeing to medical tests on Pinochet. It is no surprise, therefore, that a panel of 'eminent' physicians decided the former dictator was 'too ill' to face a trial.

I am, perhaps, luckier than most as my elderly father, who is the same age as Pinochet, is still alive and I can make some comparisons.

My father, a responsible, law abiding, middle class professional of moderate social and political views saw the efforts of a lifetime at bringing up a well-constituted family crumble when the 1973 coup in Chile brought in the brutal military dictatorship. His children endured persecution, detention and exile.

He endured the humiliation of being arrested, along with his wife, mother-in-law and daughter, and questioned by security personnel. His career was curtailed, his pension rights diminished. A quiet man, he stomached the suffering and gave thanks we all survived. He continued working until diabetes, high blood pressure, memory loss and a tired, old body stopped him in 1999.

Pinochet, on the other hand, became the sole autocratic ruler, directed the repression personally through daily interviews with his security chief, and showed no mercy to opponents. His family acquired wealth beyond their wildest dreams and a measure of power that still strangles the development of democracy in Chile.

His subordinates killed, tortured, raped and 'disappeared' thousands of defenceless men, women and children. Thousands were arrested, almost a million went into exile. Pinochet refuses to acknowledge the abuses, denies us the possibility of finding and burying our dead, and continues to prevent the growth of an authentic democracy, free from military tutelage.

His supporters, both at home and in the UK, have maintained this was a matter for Chile to deal with. Well, their turn is coming. Mr Straw has seen to that. His call for representations to be made before the final decision must be seen as a way of avoiding defeat at a possible judicial review by the High Court. He needs to show he acted fairly and legally.

But is his decision fair or legal? While Pinochet may be experiencing the common ailments of old age, he is by no means a poor old soul. Furthermore, international jurisdiction over crimes against humanity is now truly established. All reasonable people know Pinochet's return can only mean a return to impunity.

What matters in the end are two developments from the Pinochet case. Firstly, and perhaps most importantly for the future of human rights, the arrest and subsequent legal case against the former dictator set a clear precedent in terms of the duties and responsibilities of the international community in relation to crimes against humanity.

The Pinochet case demonstrated such human rights violations can be prosecuted anywhere in the world. This is a great triumph for civilisation and a major defeat for dictators and criminals acting on behalf of the state against their own citizens.

Secondly, Pinochet's arrest started a chain of events in Chile which have enabled the prosecution of hundreds of cases of human rights abuses, more than 50 against Pinochet himself. More than a dozen senior military officers who held major positions in the dictatorship are now in detention or on bail.

So, Jack Straw is minded to set Pinochet free. Thankfully, Judge Garzon, Amnesty International, the Medical Foundation for the Victims of Torture, Redress International, the Relatives of the Dead and Disappeared, the torture victims, their families and countless millions around the world are minded to keep struggling for truth and justice in Chile. Shame on you, Jack Straw.

Oscar R Mendoza was arrested by Chilean army personnel at the end of September 1973, tortured and detained until May 1975. He arrived in Scotland as a refugee and has lived in the Glasgow area ever since. His is the official spokesperson for Chile Democratico (Scotland), the national organisation of Chileans in exile in the UK.

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