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Judge in UK Says Kissinger
Arrest Not 'Presently' Justified



Compiled By GayToday

London, England--Refusing Peter Tatchell's application for an arrest warrant against Henry Kissinger, Judge Nicholas Evans said yesterday that he was not "presently" able to draft a "suitably precise charge" based on the evidence submitted.

"This leaves open the possibility that he might issue a warrant in the future if I can produce stronger evidence against Kissinger", said Mr. Tatchell.

"It is now my intention to liaise with human rights lawyers and organizations in the United States, in order to obtain further evidence and witnesses. I hope to come back to court in a few months time and make a new application for Mr. Kissinger's arrest".

"I brought this case because the Director of Public Prosecutions, David Calvert-Smith, has refused to prosecute Mr. Kissinger.

"Henry Kissinger was the chief architect of the indiscriminate U.S. bombing of Vietnam, Laos and Cambodia from 1969-73, which resulted in three million civilians being killed, injured or made homeless. His actions are war crimes under the Geneva Conventions Act 1957. "It is the respon

sibility of the DPP to enforce the law without fear or favour. No one is above the law, not even Henry Kissinger. He may have escaped arrest this time, but my bid to have him prosecuted continues. Three million civilians are crying out for justice", said Mr. Tatchell.

Judge Nicholas Evans's judgement, Bow Street Magistrates Court, 24.4.2002:

"Despite Mr. Tatchell's representations to the contrary, I am satisfied that proceedings can only be instituted by or on behalf of the DPP...(but) it is within the power of this court to issue a warrant for Mr. Kissinger's arrest for an offence said to be contrary to Section 1 of the 1957 Act (Geneva Conventions), even though proceedings for such an offence shall not be instituted except by or on behalf of the DPP.

"However, in the light of DPP's letter dated 23 April 2002, in which the Director says: 'I do not intend to institute proceedings for a prosecution in this case', it would seem quite pointless my issuing a warrant even if I were so minded.

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"I ought not to issue any summons / warrant unless I can draft a suitably precise charge. I can not presently do this on the information provided.

"Mr. Tatchell has made his application courteously and with obvious sincerity. I do not doubt the strength of feeling in him and many others that justice requires that Mr. Kissinger should face the allegations made against him in a court of law", concluded Mr. Evans.



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