to the Government of South Africa
We request that the extradition of Chilean citizen Jaime Yovanovic Prieto be refused, for the following reasons:
1. Because the case is political in nature: the death of General Urzúa occurred in the context of the democratic fight of the Chilean people against the dictatorship of General Pinochet, which is agreed upon in global public opinion up to this day.
2. Because the death penalty is available in this case against the accused: even though the death penalty was abolished in the civil legislation, it can still be applied by the military tribunals, a fact denounced by the human rights organization Amnesty International.
3. Because the case will take place in the Second Military Tribunal in Santiago de Chile and up to this time, as is widely known, the Chilean military tribunals do not offer the necessary guarantees of impartiality, the right to defense and the protection of the human rights of detained persons.
4. Because the accused, Jaime Yovanovic Prieto, was not present during the murder of the general nor did he participate directly or indirectly in the said action. His name became involved in the affair through Jorge Palma Donoso, who provided the accused´s name after being severely tortured and who later denied knowing Yovanovic.
5. Because in international jurisprudence in relation to the Chilean military courts, the principle of reasonable doubt has been applied in the cases of other persons prosecuted for having acted against the Pinochet dictatorship, as occurred in the case of Patricio Otràz in which the Swiss government denied extradition, and the case of Claudio Molina in which the Argentinian government likewise refused extradition.
6. For humanitarian reasons: Jaime Yovanovic, 55 years old, is in grave health as a result of the torturing he received from the Pinochet military regime while he was in prison in 1973-74. It is impossible for him to move around without taking medication, and furthermore he is almost entirely deaf as a result of the torture.
7. Because even Pope John Paul II, while aware that Yovanovic was accused of the general´s murder, refused to hand him over to the Chilean authorities after he sought diplomatic asylum in the Papal Nunciate in Santiago.
For all of these reasons we request, in addition to his extradition being refused, that Jaime Yovanovic Prieto be unconditionally released and offered political asylum.
