§ Mr. WareingTo ask the Attorney-General what representations he has received in respect of possible private prosecutions being taken out against General Pinochet; what his response has been; and if he will make a statement. [67970]
The Attorney-GeneralOn 26 October 1998, I received an application from Winstanley-Burgess, Solicitors, acting for a number of individuals who complained of acts of torture in Chile in the period 1973–1990. The application was of Law Officer consent to prosecute Augusto Pinochet for offices of torture contrary to section 134 Criminal Justice Act 1988. By letter dated 28 October 1998, Winstanley-Burgess were advised that I had considered their application and had declined to grant consent on the basis that the application revealed insufficient admissible evidence for there to be a realistic prospect of a conviction.
On 26 October 1998, I received an application from Bindman & Partners, Solicitors, acting for a number of individuals who alleged that they had suffered criminal offences in Chile at a time when Augusto Pinochet was in power. The application was for Law Officer consent to prosecute Augusto Pinochet for offences of torture, contrary to section 134 Criminal Justice Act 1988, and for hostage taking, contrary to the Taking of Hostages Act 1982. By letter dated 28 October 1998 Bindman & Partners were advised that I had considered their application and had declined to grant consent on the basis that the application revealed insufficient admissible evidence for there to be a realistic prospect of a conviction.
Bindman & Partners have on a number of occasions renewed their application for Law Officer consent to prosecute Augusto Pinochet with further material. To date, their applications have been declined on the same basis as before. Their latest application is under consideration.
532WIndividuals have communicated with me and my office concerning a prosecution of Augusto Pinochet in this jurisdiction. Replies have been limited to factual explanations of the decision making process and the state of any application for Law Officer consent to a prosecution.