Decision
1. The complainant is Mr. Marcos Roitman Rosenmann, a Spanish citizen of
Chilean origin and professor of Sociology, at present residing in Madrid. He is
represented by counsel. He alleges violations by Spain of articles 8, paragraph 4, 9,
paragraphs 1 and 2, 13 and 14 of the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment. Spain is a party to the
Convention, and gave the declaration under article 22 on 21 October 1987.
The facts as submitted by the complainant
2.1 The complainant claims that he was subjected to torture in Chile following the
coup d'état of September 1973. On 4 July 1996, a group of alleged torture victims
filed a complaint pursuant to the applicable provisions on actio popularis (arts.
19.1 and 20.3 of the LO del Poder Judicial, arts. 101 and 270 of the Ley de
Enjuiciamiento Criminal, acción popular, art. 125 of the Spanish Constitution)
with the Juzgado Central de Instrucción de Guardia de la Audiencia Nacional,
requesting that criminal proceedings be opened against the former Chilean Chief of
State, General Augusto Pinochet, for violations of human rights allegedly
committed in Chile between September 1973 and March 1990, including violations
of articles 1, 2, 4 and 16 of the Convention. On 7 May 1997 the complainant
appeared before the Audiencia Nacional and gave testimony as a witness of torture
in Chile.
2.2 On 16 October 1998 General Pinochet, who had travelled from Chile to the
United Kingdom for medical treatment and was convalescing in London, was
placed under detention by United Kingdom police authorities pursuant to a warrant
issued on the basis of the criminal proceedings opened in Spain. After more than
16 months of legal, political and diplomatic actions, the United Kingdom Home
Secretary allowed General Pinochet to return to Chile on 2 March 2000.
2.3 The complainant states that Spain has extraterritorial jurisdiction over crimes
committed against Spanish citizens anywhere in the world, and that, accordingly, it
had the right and the obligation to request the extradition of General Pinochet from
the United Kingdom, in order to try him before the Spanish courts because of
crimes
committed
against
Spanish
citizens
in
Chile.
2.4 On 8 October 1999 the Bow Street Magistrates Court in the United Kingdom
decided that General Augusto Pinochet could be extradited to Spain. General
Pinochet filed a writ of habeas corpus with the High Court, which was scheduled
for a hearing on 20 March 2000. In the meantime, the Home Office, on its own
initiative, ordered a medical examination of General Pinochet, which took place on
5 January 2000. On the basis of the results of this examination, the Home Secretary