Junior's Work Aids Pinochet Legal Case

While British police detained former Chilean dictator Augusto Pinochet last Friday, a Harvard student has been working to get him extradited to Spain for questioning.

Micah S. Myers '00, who spent 10 weeks last summer in Spain helping to lay the legal groundwork for the case, is an intern with the Spanish legal firm, Astorga y Garcs, that initially brought the complaint against Pinochet.

Myers, who has since returned to the U.S. to start his junior year, conducted research and worked with legal documents central to the case. Now, Myers is largely responsible for writing an English translation of documents in the case and investigation.

Pinochet held power in Chile for 17 years after effecting a coup of Salvador Allende's Marxist government on Sept. 11, 1973. Thousands of people died and disappeared during Pinochet's rule.

Pinochet was commander-in-chief of the army when he wrested control of Chile and a general until last March.

Two Spanish judges are responsible for the petition against the Chilean ex-dictator. According to Myers, the present writ of indictment sent to London only covers the kidnapping of a leftist Chilean leader, Edgaro Henriquez--a crime allegedly committed under Pinochet.

If he is extradited to Spain, however, the full charges of genocide, kidnapping and crimes against humanity will be brought against Pinochet.

The Spanish law firm represents the families with grievances against Pinochet, The Association of Spanish Progressive Prosecutors and a left wing political party.

Myers said the Spanish judges are also investigating the assassinations of two former Allende officials on American soil. But the facts in the investigation of Pinochet are even closer to home.

In 1973, Charles Horman '64, an American writer and filmmaker, was arrested and killed under the Pinochet regime.

His story was the focus of a book

by Thomas Hauser, The Execution of Charles Horman: An American Sacrifice, which accused the United States government of complicity in his death. This work inspired the 1982 film Missing, starring Jack Lemmon.

Pinochet was made a lifelong senator--with diplomatic status--by a new constitution his government drafted, and, under the terms of diplomatic immunity, Chile is protesting his arrest.

Great Britain, however, remains adamant.

"The idea that such a brutal dictator as Pinochet should be claiming diplomatic immunity I think for most people in this country would be pretty gutwrenching stuff," Trade Secretary Peter Mandelson said in an interview with the BBC Sunday.

Detlev F. Vagts '48-'49, a professor of international law at Harvard Law School, described international conventions that have enlarged the jurisdiction of crimes against humanity.

"All states have an obligation to prevent crimes against humanity," he said. "[But] dictators would find it uncomfortable to come to us, because we allow class actions suits...for individuals whose rights were violated."

Pinochet was not in London for official business but, instead, to undergo surgery.

"Official business is really the key to the diplomatic immunity argument," Myers said, explaining why the immunity might not protect Pinochet.

But Spain also has a particular interest, Myers said, in investigating the alleged murder of 30 to 40 Spaniards by Chilean security forces during Pinchot's years as head of state.

Myers said he reacted with surprise and satisfaction to the news of Pinochet's arrest last week.

While his work in this case is far from complete, Myers predicted that it will have a prominent position in international legal history.

"This precedent shows that the international community is no longer willing to overlook human rights violations simply because the people who committed them continue to have influence in their home countries," Myers said.ReutersUP IN ARMS: Supporters of General Augusto Pinochet display signs during a protest outside the residence of the Spanish ambassador in Santiago yesterday.

by Thomas Hauser, The Execution of Charles Horman: An American Sacrifice, which accused the United States government of complicity in his death. This work inspired the 1982 film Missing, starring Jack Lemmon.

Pinochet was made a lifelong senator--with diplomatic status--by a new constitution his government drafted, and, under the terms of diplomatic immunity, Chile is protesting his arrest.

Great Britain, however, remains adamant.

"The idea that such a brutal dictator as Pinochet should be claiming diplomatic immunity I think for most people in this country would be pretty gutwrenching stuff," Trade Secretary Peter Mandelson said in an interview with the BBC Sunday.

Detlev F. Vagts '48-'49, a professor of international law at Harvard Law School, described international conventions that have enlarged the jurisdiction of crimes against humanity.

"All states have an obligation to prevent crimes against humanity," he said. "[But] dictators would find it uncomfortable to come to us, because we allow class actions suits...for individuals whose rights were violated."

Pinochet was not in London for official business but, instead, to undergo surgery.

"Official business is really the key to the diplomatic immunity argument," Myers said, explaining why the immunity might not protect Pinochet.

But Spain also has a particular interest, Myers said, in investigating the alleged murder of 30 to 40 Spaniards by Chilean security forces during Pinchot's years as head of state.

Myers said he reacted with surprise and satisfaction to the news of Pinochet's arrest last week.

While his work in this case is far from complete, Myers predicted that it will have a prominent position in international legal history.

"This precedent shows that the international community is no longer willing to overlook human rights violations simply because the people who committed them continue to have influence in their home countries," Myers said.ReutersUP IN ARMS: Supporters of General Augusto Pinochet display signs during a protest outside the residence of the Spanish ambassador in Santiago yesterday.