Daily Press Briefing
WEDNESDAY, DECEMBER 9, 1998
Briefer: JAMES B. FOLEY
QUESTION: What's your response to the Jack Straw decision on the extradition process --
MR. FOLEY: Well, first of all - and this is important - we have not received or, indeed, reviewed the text of the home secretary's decision. We understand from press reports that he ruled that the crimes were extraditable, that the extradition request was properly authenticated, and that there were not sufficient compassionate circumstances to deny authority to proceed with consideration of Spain's extradition requests.
Now, under British law, this matter may be subject to further judicial review, and we certainly respect the British legal process.
As our statements have made clear, the United States values both the principles of accountability and justice, as well as those of democracy and the rule of law in Chile.
QUESTION: Do you think this decision could be accelerated in some way the declassification of documents by the United States?
MR. FOLEY: I think it's important to understand that in effect this decision is in many senses merely the start of what's going to be a continuing legal process on this issue in the United Kingdom. I'd refer you to UK authorities, who might be able to tell you just how long this possibly could be drawn out. But my understanding is there are many stages to come.
As I said, the home secretary's decision is subject to judicial review. In any event, the case is now going to be going to the courts for extradition proceedings. There are multiple rights of appeal at every stage of the extradition process. At the end of that process, if he's found extraditeable, the home secretary would have a final decision as whether to actually send him to Spain or not. That decision by the home secretary also is subject, potentially, to judicial review.
So this is a potentially lengthy process that has only begun, in effect, today. It doesn't, to answer your question specifically, therefore, influence directly the speed at which we're able to proceed with our review of documents in this area. Let me just reiterate what Secretary Albright said recently - that the State Department will continue declassifying and making available documents in this area; and we will do so as rapidly as possible as part of an Administration-wide coordinated effort. That effort is underway, although we do not yet know how long it is going to take.
QUESTION: Last week you said that the Spanish judge hasn't requested any documents. Has he requested any documents - have you received a new call requesting more documents from him?
MR. FOLEY: The Spanish judge requested documents in the past and we have furnished those. I'm not aware that there's been a new request.
QUESTION: (Inaudible) - December 4 via Interpol on the Foreign Affairs Ministry has submitted you all a request for further information about --
MR. FOLEY: Well, that's news to me, and I'll look into it for you to see if I have any information for you. But we will treat that as seriously as we've treated previous requests from the Spanish judicial authorities.
In the meantime, we are beginning to proceed with our own review of documents with a view toward seeing which documents we'll be able to release in the interest of shedding light on the human rights abuses that occurred in Chile.
QUESTION: The Spanish judge Baltasar Garzon apparently reported that he's also requested to interview Michael Townley, former agent of the Dina. Is that something that the State Department would be open to?
MR. FOLEY: I didn't hear - who is he?
QUESTION: Michael Townley -- he was a former agent of the secret police under Pinochet. He reportedly has requested an interview with him as well. Is that something you --
MR. FOLEY: I have no information on that.
QUESTION: I don't understand the statement that you made that the United States values justice - I'm paraphrasing - the United States values justice and as well as democracy and the rule of law. Are you saying that there's a possible contradiction between those values - justice and democracy?
MR. FOLEY: No, I think Spokesman Rubin has addressed this issue at length in the last few weeks. We believe there are different - and not necessarily conflicting - principles at stake in this whole case. They involve the principle of accountability and the rule of law and the pursuit of justice, and they involve respect for the Chilean political process, which produced a transition from authoritarian rule - a rule characterized by serious human rights abuses -- to democracy. We respect all of those principles, and we respect Chile's decisions in this area.
QUESTION: When do you think the US is going to be willing to take a position on the extradition - when in this process?
MR. FOLEY: Well, first of all, I indicated, we have not seen the decision; we have not studied the decision. I'm not aware of official reactions yet from the governments of Chile or commentary from the governments of the United Kingdom and Spain. So certainly it's very premature for the United States to comment at length.
As I said, this is just the start of a continuing legal process that could take some time; and really nothing, in effect, in terms of the making of law, making of international law, potentially has been decided at this stage. So it's really not relevant for the United States to comment at this stage on the case.
QUESTION: (Inaudible) - no precedent has been set in terms of international law. Are you saying that because of the appeals process?
MR. FOLEY: Yes.
QUESTION: Okay, so you're not saying that this decision in and of itself doesn't set a precedent?
MR. FOLEY: I'm saying that the question of whether under the Spanish extradition request, Mr. Pinochet is extradited by the United Kingdom to Spain, is not a settled matter. This is going to be a lengthy process as I understand it.
QUESTION: And what would be your concerns - or should I say, what precedent is it you would be concerned about being set in this case?
MR. FOLEY: I'm not in a position to comment on the possible implications of the case when, as I indicated, we're not at a point yet where anything definitively has been decided.
QUESTION: I'm confused now. You said the State Department will continue declassifying and making available documents - how does this square with the back-track last week on releasing documents and just reviewing them rather than releasing them? Will you release them, or will you just review them, or are you --
MR. FOLEY: Well, the Spokesman certainly drew a distinction between conducting the review and making the declassification decision; but by past practice, we certainly have done both. We have reviewed documents and we've declassified and released them. I don't want to predict -- and he was careful, therefore, to draw the distinction what the specific decisions may be. We're talking about potentially thousands and perhaps many more documents. So, it's just hypothetical at this point. Our record is such that we have reviewed and we have declassified and we have released documents in this area previously, and we're hoping to be able to do so again in furtherance of the Secretary's commitment.
QUESTION: How seriously are you taking the request that the American citizens -- members of these families - people were killed - Americans killed in Chile, asking the United States Government to initiate a judicial process, I guess, against Pinochet?
MR. FOLEY: Well, you're talking about a particular case - the Letelier and Moffitt case. We sympathize with the pain and anguish of the victims relatives, who were on Capitol Hill this week. While the Pinochet case raises many complex issues, the Administration has taken steps to play a constructive role, as I've indicated, in terms of our commitment, to review documents with a view towards declassifying and releasing them.
With respect to the Letelier and Moffitt murders in Washington, we believe that, as a violent, criminal act on US soil against victims that include US citizens, that that bombing merits special attention by the United States. The FBI and the Department of Justice have pursued this case vigorously over many years to bring to justice those responsible. We support those efforts fully.
We note that several people have been convicted in connection with that murder, including two Chilean intelligence officers, who are currently serving sentences in Chile. We have made clear for years our condemnation of human rights abuses by the Pinochet regime, both within and outside Chile. We understand that the Letelier-Moffitt investigation is open. We fully support efforts that may be made by the Justice Department to pursue the case further. We would be supportive of any decision by the Justice Department, as I said, with respect to further investigation and, if appropriate, prosecution. I would refer you, however, to the Justice Department for further comments on this ongoing investigation.
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