Philippe Sands KC's Work with Chilean Victims of Pinochet
Context: Pinochet's Regime
Augusto Pinochet's dictatorship (1973–1990) was marked by systematic torture, forced disappearances, and the killing of political opponents. An estimated 40,000 victims suffered under his regime.
Legal Milestones
1. Pinochet's Arrest (1998–2000)
Sands helped shape arguments for Pinochet's arrest in London under Spain's universal jurisdiction warrant. Key achievements:
- Pioneered use of the UN Convention Against Torture
- Challenged head-of-state immunity
- House of Lords ruled extradition legal
2. Civil Claims & Reparations
Sands represented victims in lawsuits seeking accountability:
- Bypassed Chile's 1978 Amnesty Law using "continuing crimes" argument
- Used declassified documents to prove systemic abuse
Lasting Impact
This work created three revolutionary changes:
- Established universal jurisdiction precedent 🌍
- Inspired Chile's later convictions of Pinochet associates
- Proved dictators could face consequences after leaving power
Quotes from Sands
"The Pinochet case taught us that justice doesn't recognize borders – torture victims deserve their day in court, wherever the perpetrator may hide."
Key Legal Legacy
Established that jus cogens crimes (torture, genocide) override:
- Domestic amnesty laws
- Diplomatic immunity claims
- Statutes of limitations
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