政治與法律之平衡－－以皮諾契倫敦蒙難為例

Balancing Politics and Law - A Case Study of Pinochet's Detention

智利前總統皮諾契於一九九八年十月十六日於倫敦被警方拘禁。英國警方雖說拘禁係應西班牙法官對皮氏引渡請求必要之司法程序，然其動機實為英國首相布萊爾欲借此案彰顯工黨所標榜的「道德」外交政策，進而爭取人權團體的選票。而英國上議院兩度拒絕皮氏以「前國家元首」之身分享有管轄豁免權的判決不僅對國際間違反人權的獨裁者予以當頭棒喝外，對脆弱的智利民主政治也投下相當的不確定因素。此一事件充分顯示達到法律與政治間的平衡實非易事。

The detention of Augusto Pinochet, Chile's former head of state, by British police in October of 1998, has touched upon profound questions concerning the interplay of international law, foreign policy, and domestic politics. Justice should be carried out, but on whose terms? Pinochet's case sends a clear signal to all dictators, incumbent or retired, that international law has eroded national borders to the point where former heads of state are not guaranteed immunity. However, the case also endangers Chile's peaceful democratic transition because Chileans have to face the problem of the so-called 'authoritarian legacy.' The dilemma for Chile is not only how much justice and forgiveness to strive for but also how much popular sovereignty can be regained. The article shows that finding a balance between law and politics is no easy task.