Issues Of Human Rights At A Clash With Aspects Of Presidential Immunity.

Introduction: Case study of public international law and issues of human rights at a clash with aspects of presidential immunity. In Pinochet case stands as a vital instrument for purposes of the criminality dichotomy in International Human Rights Law. Worthy taking note of the discussion shall initially underscore the facts of what transpired in the case of R v Magistrate Stipendiary, Expert Pinochet. The case needs deeper understanding of the political background the backdrop which the aftermath's proceedings were based. Augusto Pinochet was a former president of Chile who had ceased power from Allende Salvador through coupe de tat in 1973-1990. Allende Salvador is said to have committed suicide. It has been furthered by some scholars that perhaps Pinochet's predecessor opted to committee suicide to escape the anticipated torture, inhuman and brutal treatment the followed the aftermath of his downfall. The toppling of his government became more evident Pinochet a ringleader of the military junta declared himself head of fascist movement and later president of Chile. Commentators assert that, after successfully overthrowing the communist regime, Pinochet then embarked on yet another political mission of prosecuting and torturing. R. Burbach and Sonia Cardenas content that torture was occasioned psychologically and physically to the remnants of Salvador's regime. This was partly inspired by the desire to replace socialism with fascism a process which has been contended to have inflicted unbearable ordeals of suffering to civilians. Up to now, the terrific times of (1973-1988) not only left painful memories of misery and grief the remain evident in the lives witnessing survivors but also tainted Chile with bloodshed and monuments of massacred civilians who were laid to rest in peace. Despite this perceptive the discussion shall not on the other hand overlook the polemical contentions of N. Roht-Arriaza which from observations of Sonia Cardenas suggest that too much punitive actions of International law must to leave room for transitional justice, this emerging school of international law shall be explored later in the proceeding discussions under amnesty. With the accumulated public discontent, continued press censorship, unchecked suppression of political freedoms and speech. In aggregate the prevailing situation in Chile at the time sowed seeds of public disorder. And indeed this culminated into a public outcry whose efforts surely yielded fruits from late 1988s. As Chileans vehemently disproved their military regime through staging continuously uprisings against Pinochet's regime, until it reached the point when he was left without option but to accept a plebiscite in 1988. He was voted out of presidency and power finally left power in 1990.

Post-amnesty period, London visit, extradition and immunity of Pinochet: During his visit and arrangement to secure medical treatment in Britain, an arrest warrant from while he was in hospital and his eventual extradition to Spanish authorities was issued against Pinochet to U.K. This was extradition application was made following the alleged conspiracy in aiding the torturous acts. Which acts were linked to abduction of the Movement of the Revolutionary Left leader (a political movement in Argentina) in April 1976 and therefore required to face charges for this counts. Soon another arrest was issued with respect to the torture of civilians by his government acts which lasted from 1973 until 1990 when he handed over power. The inhuman and degrading nature of these actions has been condemned as they amounted into breaches of the 1984 UN Convention against torture. Having said that, it is worth mentioning that all the three countries involved (namely, U.K, Spain and Chile by the time of these proceeding had become members to above UN Convention. Of course the later part of significance will underscore the For the purposes analysing the legal and technical question of international law, less attention is to be apportioned to the political and historical significance of this case. The political background of which has already been explained the earlier part if this discussions. Required the The case of Pinochet has had a number of significant to the importance to international human right law. These include the following.

Concept of Universality to international law offences: Spain as a State Party to Convention is vested with powers under the UN Convention against torture, to take such measures necessary to establish its jurisdiction over the offences referred to under article 4 of the same Convention. It could therefore be argued that since Spanish Citizens had been affected as the victims of Pinochet's torturous acts during the time when he was still president, Even though the former dictator has been granted Chilean amnesty as a matter of enhancing transitional justice and harmonious political transition, to Spain it was still considered appropriate to bring him to books for a legal verdict.