Holding high officials accountable

British Home Secretary Jack Straw recently ruled that former Chilean leader Augusto Pinochet is physically incapable of standing trial and therefore unable to be extradited to Spain to face charges of crimes against humanity. Not only public opinion is divided on this latest legal ruling, but jurists worldwide are equally divided as well on whether the frail and ailing Chilean senator should stand trial.

On one hand all persons accused of committing crimes are entitled to a fair trial. This means that they should be fit enough physically and mentally to withstand rigors of trials in which their innocence or guilt would be determined. On the other hand what is at stake in the projected trial of Pinochet goes beyond his innocence or guilt. The legal issues pertaining to his trial are complex and far-reaching.

The determination of these legal issues would establish new precedents and benchmarks for holding heads of state and high government officials accountable for their actions or inactions while they were in office. What should determine the issue of whether Pinochet is healthy enough to stand trial is the very court of law that is intended to try him at the end of the day and not the executive branch of the government.

-- The Jordan Times, Amman