Ex-PMs `may face torture charges'

FORMER PRIME ministers James Callaghan and Edward Heath could be charged over the alleged torture of IRA prisoners in Northern Ireland if the House of Lords decides that the former Chilean dictator, Augusto Pinochet, does not enjoy immunity from prosecution, his counsel stated yesterday.

Such a decision would also open the way for indictments of former United States president George Bush for bombings during the Gulf War, and Ronald Reagan for his administration's support of right- wing Contra terrorists in Latin America, said Clive Nicholls QC.

While five Law Lords decide whether or not General Pinochet has immunity from prosecution in Spain on charges of genocide, terrorism and kidnapping, the Home Secretary yesterday received the formal request for extradition.

The request, from investigating judge Baltasar Garzon, has the official backing of the Spanish government and arrived from Madrid yesterday morning. Jack Straw has two weeks to examine the document and decide whether the extradition process should proceed.

According to senior sources Judge Garzon's 300-page documentation implicates General Pinochet in a total of 3,178 murders or disappearances, the alleged offences having been committed from 1973 when the General carried out a coup against the democratically elected government of President Salvador Allende.

In the House of Lords Mr Nicholls maintained that a possible prosecution abroad would unreasonably inhibit world leaders in the use of power while in office. He said that Baroness Thatcher could have been affected over her policies during the Falklands war if she faced the prospect of extradition to Argentina.

Clare Montgomery, QC, also acting for General Pinochet, noted that an attempt to bring charges against Lady Thatcher for the alleged murder of 600 Argentine sailors who drowned when the HMS Conqueror sank the Argentine cruiser Belgrano during the Falklands conflict failed when Argentine judges ruled that they had no jurisdiction over the British prime minister.

Ms Montgomery told the law lords that crimes against humanity, genocide and torture could not be levelled against General Pinochet because the Spanish charges involved actions which were politically motivated, and thus carried out as acts of state.

On allegations of torture, Ms Montgomery maintained General Pinochet could not be liable because the legislation which incorporated the international convention on torture into English law came into effect only in September 1988, and this could not be applied retrospectively.

General Pinochet's lawyers argue that the only forum he could be tried in would be an international tribunal such as that held at Nuremberg for the trials of Nazi war criminals following the Second World War.