Britain & Pinochet’s Escape From Justice

On March 2, 2000, Augusto Pinochet walked falteringly across the tarmac at RAF Waddington in Lincolnshire and boarded a Chilean air force jet, marking his final steps on British soil.

The former dictator had just been declared unfit to stand trial by Britain’s home secretary, Jack Straw, and was allowed to return to Chile with immediate effect.

Pinochet had spent the previous 16 months on house arrest in Britain, awaiting the outcome of a Spanish extradition request for human rights violations committed under his regime.

Between 1973 and 1988, Chilean state agents were responsible for over 3,000 deaths or disappearances and tens of thousands of cases of torture and political arrests. The Spanish extradition request for Pinochet included charges of murder and torture.

The U.K. government’s decision to allow Pinochet to escape justice was consequently met with outrage, particularly after the despot seemed to show miraculous signs of recovery upon his arrival in Santiago.

Many suspected that a political agreement had been reached to allow Pinochet to return to Chile under cover of a contentious medical report, which claimed he was unable to instruct his lawyers.

Recently declassified files now indicate how the legal process had been complicated by a secret deal made with Pinochet by Margaret Thatcher during the 1980s. 

Thatcher, the files suggest, had promised the dictator medical assistance in Britain in return for Chile’s military and intelligence support during the Falklands War in 1982.

The documents further show how the idea to release Pinochet on health grounds had been discussed at length behind closed doors, with the Chilean authorities pushing a “humanitarian” solution to the crisis.

Jeremy Corbyn MP, a prominent supporter of the campaign to see Pinochet extradited, commented:

“All the time there was pressure to allow Pinochet to go back… This concoction about his health was developed and we were told that he was a man who was losing his memory, age was taking over, and he would not be fit to face trial.”

‘Embarrassing if This Came Out’

The warrant for Pinochet’s arrest was executed just before midnight on Oct. 16, 1998, at the London Clinic, a private hospital in England’s capital.

It was issued so late into the night because “intelligence stated Pinochet was planning to leave the hospital and the country imminently,” a declassified Metropolitan Police briefing notes.

British plain clothes officers stationed at the hospital were also “discreetly armed” to prevent Pinochet’s “assisted escape from police custody” into the nearby Chilean embassy.

As the police officers executed their legal duties, news of Pinochet’s detention began to reach Whitehall, sparking frenzied internal discussions forecasting a potential political firestorm.

One of the most remarkable dispatches was sent to then U.K. Prime Minister Tony Blair from his principal private secretary, John Holmes, on the day of Pinochet’s arrest.

“You should be aware that the Spanish authorities have asked for the extradition of General Pinochet, who is currently in London undergoing medical treatment,” Blair was informed.

“The position is rather more complicated than it might seem,” Holmes continued. “Apparently we have an understanding with him from the past, because of our cooperation with the Chileans against Argentina at the time of the Falklands crisis, that we would help him with medical treatment in London.”

Holmes observed ominously: “It would obviously be embarrassing if all this came out.”

Fearing Argentine expansionism, the Pinochet regime had provided Britain with military and intelligence support during the Falklands war in return for lucrative arms deals which included the sale of Hawker Hunter jets and Canberra photographic reconnaissance aircraft.

Several files on the Chilean regime’s support to Britain during the war remain classified by the U.K. Ministry of Defence and Foreign Office.

Despite these complications, Holmes remained cautiously optimistic about the Pinochet case. “This might all come to nothing, with luck,” he told Blair.

Holmes added: “The Home Office share my view that it is best if the extradition request goes nowhere,” seemingly betraying Jack Straw’s initial position on the matter.

‘Compassionate Grounds’

Holmes’ optimism was misplaced. 

Pinochet was moved into house arrest while the British courts deliberated on how to proceed with the extradition request. The House of Lords made an historic ruling that former heads of state could not enjoy immunity from prosecution for the most serious international crimes.

Throughout this period, the Chilean authorities consistently pressed the U.K. government to release Pinochet on “humanitarian” grounds while emphasising that U.K.-Chile relations would be damaged should Pinochet be extradited, the declassified files show.

In November 1998, Chilean Foreign Minister José Miguel Insulza met with British ministers inside Downing Street, informing them that his government “wanted to argue for release on compassionate grounds.”

Pinochet was “an 83-year-old sick man” and “should be released” for health reasons, he declared.

Insulza further noted how “Chile had better relations with the U.K. than they had with any other European country for 150 years” and that these relations would be damaged by any decision to approve Pinochet’s extradition.

The president of Chile’s Senate, Andrés Zaldívar, also lobbied the U.K. government on freeing the former dictator on compassionate grounds.

In early December, Zaldívar told Blair that the Senate had given him “unanimous backing” in pressing for Pinochet’s release, emphasising how “political and humanitarian factors” should be used to refuse extradition.

The Chilean authorities’ arguments were in some respects supported by internal legal advice supplied to Blair and Straw.

On Nov. 27, 1998, Cabinet Minister Charles Falconer informed Downing Street that Straw’s decision on extradition should have regard to issues including “Pinochet’s health” and “the effect on other countries… if they felt their former leaders might be at risk in this way.”

Falconer, who is married to the daughter of Britain’s former ambassador to Chile, David Hildyard, added: “The merit of dealing with it now is that return now would probably be easier than after a long court battle in which the atrocities were detailed, and Pinochet lost.”

‘Extreme National Danger’

It wasn’t just the Chilean authorities lobbying for Pinochet’s release.

Margaret Thatcher wrote to Blair on Nov. 25, 1998, to declare how “the right decision now is to act swiftly to release him to return home.”

Pinochet was “an old, sick man who on compassionate grounds alone should be spared what the future would otherwise hold,” she said. Referring to the Falklands War, Thatcher added that it could “only do this country’s reputation harm if it is known that those, like Senator Pinochet, who were our close friends in times of extreme national danger can subsequently expect to be treated in this way.”

Even the Vatican weighed in.

Within weeks of Pinochet being arrested, the Holy See’s foreign secretary-equivalent wrote to Blair to emphasise his conviction “that all the requisites exist for a humanitarian gesture in favour of an 83-year-old man who is sick and who had gone to London for a serious operation.”

By mid-1999, the combined pressure on the U.K. government to release Pinochet appeared to be bearing fruit when a deal was concocted among Chile, France, Spain and the U.K. for Straw to scotch the extradition request and “return Pinochet home on ‘humanitarian grounds.’”

U.K. Foreign Secretary Robin Cook reportedly told his Spanish counterpart Abel Matutes that he would “not let him [Pinochet] die in Britain,” to which Matutes responded: “I will not let him come to Spain.”

After Pinochet returned to Chile, he became the subject of scores of legal cases relating to human rights abuses and corruption. He was never sentenced, however, and died in 2006.

John McEvoy is co-directing a forthcoming documentary about Britain’s role in the rise of Pinochet. You can support the film’s crowd-funder here.