The Telegraph (UK)
(Filed: 14/01/2004)
A legal attempt to try to have Zimbabwean president Robert Mugabe arrested and extradited to Britain to face torture charges has failed.
President Robert Mugabe
Human rights campaigner Peter Tatchell was told that his application at London's Bow Street Magistrates Court could not succeed because under common law Mugabe has absolute immunity to prosecution as a head of state.
Mr Tatchell was trying to exploit international laws which led to the arrest of former Chilean dictator Augusto Pinochet, when he visited London for an operation in 1998.
The move could have meant that Mugabe could have been sent to Britain from more than 100 countries with which Britain has an extradition treaty.
These include Switzerland, France, Malaysia, Thailand and South Africa - all nations which Mugabe has visited in the last year.
The judge said Mr Tatchell had "argued persuasively" that the doctrine of state immunity was not one which sat comfortably with the state obligation under international law to prosecute grave crimes of universal jurisdiction.
Mr Tatchell, who has twice tried to carry out a citizen's arrest on Mugabe, alleged that Mugabe had, while in office, intentionally authorised, condoned and acquiesced in the infliction of severe pain on another person between Sept 29 1998 and Jan 7 2004.
Mugabe had also conspired with others to commit torture, breaching Section 134 of the Criminal Justice Act 1988, which incorporates the UN Convention Against Torture 1984 into UK law, it was claimed.