HC Deb 04 November 1998 vol 318 cc578-9W
Sir Nicholas Lyell

To ask the Secretary of State for the Home Department what requests for the extradition of General Pinochet he has received from(a) the Spanish Government, (b) a competent authority in Spain specifying that authority and (c) any other Government or competent authority specifying the same; when each such request was received; and if he will place copies of each in the Library. [58191]

Mr. Straw

I have received no formal request for the extradition of Senator Pinochet from the Spanish Government, or any other government, or from any competent authority in Spain or any other country.

The Metropolitan Police received, on Friday 16 October, via Interpol, a request for the provisional arrest of Senator Pinochet issued by the 5th Magistrates' Court in Madrid. Disclosure of that document is a matter for the Metropolitan Police.

Sir Nicholas Lyell

To ask the Secretary of State for the Home Department what notification, pursuant to section 8 of the Extradition Act 1989, he has received from the Bow Street Magistrate of any provisional warrant issued by the Magistrate for the arrest of General Pinochet; and what consideration he has given or proposes to give to the exercise of his powers under section 8(4) of that Act to cancel any such warrant. [58192]

Mr. Straw

The Extradition Section at the Home Office received notification on 19 October of the first provisional warrant for Senator Pinochet issued on 16 October by the Bow Street Magistrate under section 8(1)(b) of the Extradition Act 1989 and received notification on 23 October of a further provisional warrant issued on 22 October by the Bow Street Magistrate.

I was invited, on 21 October, by Senator Pinochet's legal representatives to exercise my discretionary power under section 8(4) and to cancel the first provisional warrant issued on 16 October. I had taken no decision before legal proceedings were launched in the Divisional Court on 22 October. The Divisional Court, in its judgment of 28 October, dismissed application for leave to move for judicial review of my failure to exercise my discretionary powers under section 8(4) of the Act.