What is meant by “unjust or oppressive?
” In examining whether extradition would be “unjust or oppressive,” the British courts regularly return to the test that Lord Diplock set out in Kakis v. Government of Cyprus. “‘Unjust’ I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, ‘oppressive’ as directed to hardship of the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration.” If the Divisional Court upholds the Magistrate’s decision, can Pinochet appeal? If leave is granted, General Pinochet may take his habeas corpus petition to the House of Lords. Although some lawyers assert that he may do this as of right, without seeking leave to appeal, Magistrate Bartle’s decision indicates otherwise. What happens when Pinochet’s appeals are exhausted? The matter returns to Home Secretary, Jack Straw, who will make a final decision on extradition. If Straw ultimately decides to extradite General Pinochet, Pinochet ca
