§ Mr. WinnickTo ask the Secretary of State for the Home Department if he will make a statement on the application for the extradition of General Pinochet from the United Kingdom. [55754]
§ Mr. StrawSenator Pinochet was arrested on 16 October 1998 on the basis of a provisional warrant issued under section 8 of the Extradition Act 1989 by the Bow Street Magistrate, in response to a request transmitted to the United Kingdom police via Interpol, from the Spanish authorities. Under the European Convention on Extradition, the Spanish authorities have 40 days—until 25 November in this case—to submit a formal extradition request. If the deadline is not met, Senator Pinochet will be discharged.
I will consider the formal extradition request against the requirements of the Extradition Act 1989. I must decide whether to issue an Authority to Proceed, exercising my discretion under the Act. I will consider, among a range of issues, whether the offences are extradition crimes; whether the request is properly authenticated; whether the offences are of a political character; and any compassionate circumstances. This will not be a political decision; I am exercising my statutory responsibilities.
If I decide to issue an Authority to Proceed, the Spanish request will pass to the United Kingdom courts, where it will be considered, in the first instance, at Bow Street Magistrates' Court in a committal hearing, with routes of appeal to the Divisional Court and the House of Lords. If the request passes through the court stages, it reverts to me to take a final decision on surrender, again governed by the Extradition Act 1989. If I decide not to issue an Authority to Proceed, Senator Pinochet will be discharged.
Senator Pinochet's legal representatives have now lodged a writ of habeas corpus against his detention. The hearing has been adjourned until Monday 26 October.
§ Mr. WinnickTo ask the Secretary of State for the Home Department if he will list the charges against General Pinochet contained in the extradition application by the Spanish judicial authorities. [55757]
§ Mr. StrawThe formal extradition request for Senator Pinochet, which must be submitted by the Spanish authorities within 40 days of his arrest, will contain particulars of the offences of which he is accused under Spanish law. These will be converted into equivalent charges under English law when the formal request is considered. The provisional warrant issued by the Bow Street Magistrate on 16 October for Senator Pinochet's arrest cites the offence of murder; I will re-examine this in the light of the formal extradition request.
§ Mr. WinnickTo ask the Secretary of State for the Home Department on what date General Pinochet last arrived in the United Kingdom. [55755]
§ Mr. WinnickTo ask the Secretary of State for the Home Department on(a) how many occasions and (b) what dates General Pinochet has visited the United Kingdom in the last five years. [55756]
§ Mr. StrawI understand that Senator Pinochet has visited the United Kingdom five times in the last five years. In addition to his current visit, I understand that he visited in February and June 1994, October 1995 and October 1996.