by Foreign Press Foundation - Henk Ruyssenaars April 23 2002, Tue, 2:24am
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HENRY KISSINGER's TRIAL...

Attorney-General to decide on consent to prosecute on Tuesday

The bid to get a warrant for the arrest of Henry Kissinger resumed in Bow
Street Magistrates' Court at 10am , Tuesday, 23 April 2002.

A new hearing is scheduled before district judge Nicholas Evans who, in
1998, was the judge who issued the first warrant for General Pinochet's
arrest.

In court on Tuesday, human rights campaigner Peter Tatchell will submit a legal case arguing that "the Attorney General's consent is not required for an arrest warrant for war crimes under the Geneva Conventions Act 1957".

Meanwhile, the Attorney General has deferred until Tuesday a decision on
whether his consent is required and, if so, whether he will grant Mr Tatchell permission to bring a private prosecution of Mr Kissinger on charges of war crimes in Indochina.

"Kissinger was the architect of a reckless, indiscriminate US war policy that resulted in three million civilians being killed, injured or made homeless", said Mr Tatchell.

In a fax from the Attorney General's office on Monday evening, Mr Tatchell was informed that his request for permission to prosecute Henry Kissinger was "being considered very carefully" and that a decision was expected on Tuesday.

"I am very encouraged that the Attorney General has not immediately rejected
my request. The fact that he is still considering it very carefully suggests that there is some merit in the case I have presented", added Mr Tatchell.

Yesterday (Monday 22 April), district judge Nicholas Evans declined to grant Mr Tatchell a warrant for Mr Kissinger's arrest, on the grounds that a prosecution requires the Attorney General's consent.

Mr Evans told Mr Tatchell: "I am reluctant to issue a warrant against someone the Attorney General would not want arrested".

"Mr Evans conceded that the law was ambiguous and complicated. He invited me to return to court on Tuesday to present further arguments as to why the
Attorney General's consent is not necessary", said Mr Tatchell.

"Section 70 of the International Criminal Court Act 2001 reiterates that the
consent of the Attorney General is required for a prosecution under the
Geneva Conventions Act 1957, but sub-clause (3) states that this does not
apply for offences committed before 1 September 2001. I therefore contend that the consent of the Attorney General is not needed to bring a private
prosecution against Henry Kissinger for war crimes committed from 1969-73",
said Mr Tatchell.

Further information: Peter Tatchell 020 7403 1790

PETER TATCHELL HUMAN RIGHTS FUND

Donations are requested to help fund Peter Tatchell's human rights work, including his future campaigns to use international human rights law to challenge tyrants and torturers. Peter is unpaid and receives no grants.
To continue his human rights work, he depends on donations from friends and supporters.

Please make cheques payable to: "Peter Tatchell Human Rights Fund".

Send to: Peter Tatchell Human Rights Fund, PO Box.35253, London E1 4YE

Web: www.tatchellrightsfund.org Email: info (at) tatchellrightsfund.org

Thank you. Richard Kirker, Treasurer PTHRF

peter (at) petertatchell.net
www.petertatchell.net
www.outrage.org.uk