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On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.

In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings. By a decision of 25 November 1998, the House of Lords in a 3:2 majority held that Pinochet was not entitled to immunity from criminal proceedings and could therefore be extradited.

The accused, Mr. G., was a citizen of Vanuatu Islands, while he previously resided in India. An arrest warrant was issued against him by the First Special Court in Alipore, Kolkata (India) on allegations of stealing 108,400,000 Indian Rupees (approximately € 2,143,000) from the Allahabad Bank in 1994 and 1995. G. was arrested at Munich Airport on 15 December 2002.

On 30 April 2003, the Munich Higher Regional Court approved the extradition of G. to India because there was no risk that he would not be treated in accordance with international standards, more specifically, that he would not be subjected to torture or ill-treatment. In addition, the Court held that the expected punishment of life imprisonment was not ‘absolutely unreasonable’ having in mind the amount of money stolen by Mr. G.

The Federal Constitutional Court upheld the decision to extradite G. to India, in particular because there was no evidence suggesting that he would be subjected to torture.

East Timor was occupied by Indonesia from 1975 until it achieved independence in 2002. Throughout this time, the Indonesian Armed Force (TNI) and numerous militia groups perpetrated a nationwide campaign to terrorise the civilian population, particularly independence supporters.

Soares was a village-level commander in the TNI, in command of Timorese members of the TNI. In April 1999, he and other TNI members encountered a group of anti-resistance supporters. The three that did not manage to escape were taken away on the orders of Soares and repeatedly beaten with iron bars, machetes and knives and burned with hot belt buckles. One victim died, a second succeeded in escaping, and a third was released following the intervention of a family member. Soares was convicted of the crimes against humanity of murder, torture and persecution and sentenced to 11 years’ imprisonment. His was the first trial of a TNI member by the Special Panels for Serious Crimes. 

Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesians who favoured continued occupation and the Timorese who favoured independence. Following the referendum of 1999 in which an overwhelming majority of Timorese voted in favour of independence, hostilities escalated between the Indonesian Armed Forces and associated militias, and the independence supporters.

In the context of these hostilities, the Accused (a member of the Sakunar militia) intentionally stabbed a suspected independence supporter and watched as two other militia members proceeded to stab and stone the victim who died as a result of his wounds. The Accused pleaded guilty to the crime of murder as a crime against humanity, and the Court sentenced him to 5 years’ imprisonment. 

Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesians who favoured continued occupation and the Timorese who favoured independence. Following the referendum of 1999 in which an overwhelming majority of Timorese voted in favour of independence, hostilities escalated between the Indonesian Armed Forces and associated militias, and the independence supporters.

In the context of these hostilities, the Accused (a member of the Sakunar militia) intentionally stabbed one victim and severely beat another victim who was tied to a tree in plain view of other villagers. The Accused pleaded guilty to both charges and the Court sentenced him to 5 years’ imprisonment. His defence, that he was coerced into committing the crimes due to a fear of his superiors, failed to convince the Court, as he was not in imminent danger of death.