The History Podcast: The Arrest – Episode 1, “The Lawyer”

BBC Radio 4 | Released: December 1, 2025
Host/Narrator: Philippe Sands

Episode Overview

This first episode of The Arrest series sets the stage for the historic and frantic attempt to bring notorious Chilean dictator Augusto Pinochet to justice. Through the perspectives of key legal protagonists, it retraces the days leading up to Pinochet’s shocking arrest in London in October 1998—a watershed moment in international human rights law. The episode focuses particularly on lawyer Juan Garces, his dogged quest for accountability, and the emergence of universal jurisdiction as a tool against impunity.

Key Discussion Points & Insights

1. The Night of the Arrest (01:06–05:31)

• Setting: Friday, October 16, 1998: Scotland Yard officers arrive at the London Clinic, where Pinochet is recovering from surgery; they hold a warrant for his arrest on grave human rights charges.
  • Quote:
    "The man they're coming to see believes himself to be above the law. Former Chilean President Augusto Pinochet arrived in London from Santiago a couple of weeks earlier."
    (Philippe Sands, 01:35)
• Backdrop of Pinochet in London: Pinochet is depicted as leading a comfortable and public life, enjoying the city’s offerings, with little indication he expects arrest.

2. Juan Garces: The Relentless Lawyer (05:31–07:49)

• Discovery and Action:
  In Spain, lawyer Juan Garces, tipped off that Pinochet is visiting London, realizes this might be the long-awaited opportunity for justice.
  • Quote:
    "So I immediately began to prepare a request for the court. I worked all of Saturday and Sunday in my office, in my home, all by myself."
    (Juan Garces, 05:31)
• Hurdles:
  Over a national holiday weekend, Spain's courts are closed, and time is running short. Garces must act fast.

3. Decades of Impunity in Chile (07:49–11:00)

• Lack of Accountability:
  Garces recounts years of failed attempts at justice in Chile, with tens of thousands of lawsuits by victims’ families left unaddressed.
  • Quote:
    "The door was closed, absolutely closed. The informal association of all the victims who had been seeking justice in Santiago had formulated more than 20,000 lawsuits between 1973 and 1996. 20, 30,000. Only one or two had been accepted."
    (Juan Garces, 07:49)
• Pinochet’s Protections:
  Pinochet built layers of legal immunity for himself, including a self-issued amnesty and becoming a senator for life under Chile’s constitution.

4. The Spanish Legal Gambit and Universal Jurisdiction (11:00–14:40)

• Personal Stakes:
  Garces’s long involvement—both as a survivor of the 1973 coup and an advocate for Allende’s legacy.
• Legal Breakthroughs:
  Interview with prosecutor Carlos Castrosana, who, in parallel with Garces, began testing universal jurisdiction in Spain.
  • Quote:
    "We wanted to establish another precedent to protect human rights. Tell him, well, terrorism, OK, but also genocide and torture, crimes against humanity."
    (Carlos Castrosana, 13:01)
• First Successes:
  Prosecutions of Argentine junta leaders opened the door. The Spanish Attorney General’s stance:
  • Quote:
    "He was a conservative man, but he was honest. And he said, well, we cannot go in history having been those who abandoned the Spanish victims. We need to do something."
    (Carlos Castrosana, 13:31)
• Turning of the Tide:
  In 1996, Garces approaches Castrosana, urging him to apply the same legal strategy to Pinochet as to the Argentine dictatorship case.
  • Quote:
    "And he told me, I've been 25 years waiting for someone to do what you have just done in Argentina... So please do it also with Pinochet."
    (Castrosana recounting Garces’s plea, 14:29–14:37)

Notable Quotes & Memorable Moments

• On years of legal struggle:
  "They all trusted me. Those who lived in Spain and those who lived in Chile, they trust me completely."
  (Juan Garces, 11:00)
• On the unique legal position in Spain:
  "The case about the leaders of the Argentine dictatorship was filed and it took off."
  (Philippe Sands, 13:46)
• Personal connection:
  Garces’s presence in the presidential palace during the 1973 coup underscores the personal stakes and historical gravity of his mission.

Important Timestamps

• 01:06 – 05:31: Scene-setting: Pinochet’s arrest in London.
• 05:31 – 07:49: Garces’s scramble to begin legal proceedings.
• 07:49 – 11:00: Context: Failed justice in Chile, Pinochet’s amnesty/immunity.
• 11:00 – 14:40: The Spanish legal strategy, cast of legal players, emergence of universal jurisdiction.

Conclusions & Preview

The episode illustrates the convergence of legal innovation and personal perseverance in seeking justice for state crimes, framing the arrest of Pinochet as a turning point for international criminal law. Through Garces’s story and the advent of universal jurisdiction in Spain, the groundwork is laid for one of the most consequential legal cases since Nuremberg. The stage is set for exploring the next steps in this high-stakes, real-world legal drama.