The History Podcast – "The Arrest: 4. The Warrant"

BBC Radio 4 | December 4, 2025
Host: Philippe Sands
Featured Guests: Judge Baltazar Garzon, Nicholas Evans

Overview

In this episode of "The History Podcast," Philippe Sands narrates the dramatic and frantic legal maneuvers on Friday, October 16, 1998, that led to the arrest warrant for former Chilean dictator Augusto Pinochet. The episode brings listeners inside the last-minute efforts of Spanish Judge Baltazar Garzon and the subsequent critical decisions made by UK duty magistrate Nicholas Evans, in one of the most significant cases in international justice.

Key Discussion Points & Insights

1. The Urgency to Act Before Pinochet's Departure

• Timing and Stakes: Judge Garzon receives word that Pinochet is preparing to fly back to Chile the next morning, with the court closing in less than an hour ([01:28]-[02:03]).
  • "It's a quarter to two on the afternoon of Friday 16th October 1998, and he has just been told by fax that Augusto Pinochet is preparing to leave London" — Philippe Sands [01:28]

2. Obstacles in the Court

• Locked Files and Empty Office: Most staff have left for the weekend. The critical "Operation Condor" file is inaccessible because the responsible employee has already gone ([02:43]-[03:11]).

  • “I can't because the filing cabinet is locked and the employee who normally looks after it was gone.” — Judge Garzon [02:43]

• Moment of Doubt and Decision: Garzon contemplates the impossibility of the task but feels the responsibility to act.

  • "I put my hands on my head, and I said, well, what do I do now? The normal one was to leave... Pinochet would fly back to Chile and the total immunity he enjoyed there, the opportunity to question him would be gone." — Judge Garzon & Philippe Sands [03:11]-[03:39]

3. The Decision to Issue the Warrant

• Garzon's Resolve: Despite immense risks, Garzon commits to issuing the warrant.
  • “All of a sudden, and it was like that all the victims were represented... I had the possibility of trying at least to detain Pinochet. And then I said, well, I issue an arrest warrant.” — Judge Garzon [03:57]
  • “It was crazy, but I thought the only alternative is to write an arrest.” — Judge Garzon [04:24]
  • “It was a leap into the void…” — Judge Garzon [04:54]

4. Crafting the Arrest Warrant

• Working from Memory: With key documents locked away, Garzon writes from memory, ensuring he wouldn’t regret not trying ([06:03]-[06:19]).

  • "Then, from memory, I start writing..." — Judge Garzon [06:03]

• Detail and Evidence: Garzon lists victims and cites a 1991 human rights abuses report, including Spanish UN worker Carmelo Soria ([06:19]-[06:59]).

• Collaboration with Assistant: The clerk types up the warrant under pressure ([07:05]-[07:29]).

  • “‘Don Baltazar, do you know what you’re doing? Are you sure?’ I say, ‘You shut up and write.’” — Judge Garzon [07:17]

• Evading Bureaucratic Obstacles: The required prosecutor’s signature is unattainable as the office has closed; Garzon documents efforts to comply ([08:19]-[08:37]).

5. Transmission to London and UK Response

• Arrival at Scotland Yard: The warrant arrives after UK courts have closed, so the police turn to duty magistrate Nicholas Evans ([09:19]-[09:41]).

• Nicholas Evans' Perspective: Evans, unfamiliar with the detailed history but aware of the urgency, begins researching Pinochet's case ([10:08]-[10:22]).

  • “I obviously I'd heard the name Pinochet, but I didn't really have a very clear understanding about any of the history..." — Nicholas Evans [10:08]

6. The Legal Challenge: Framing an Extradition Offence

• Dual Criminality: The extradition request must cite a crime recognized in both Spain and the UK ([11:44]-[11:55]).
• Struggles with Charges: Torture and genocide are complicated; Evans opts for “murder” as the most straightforward charge that fulfills legal requirements ([11:55]-[13:39]).
  • "This was the very first time I'd ever, ever come across torture as a potential crime... burglary, theft, murder, I can cope with those, but this is just a different thing." — Nicholas Evans [11:55]

7. The Final Act: Authorizing the Arrest

• Evans Signs the Warrant: The authorization is dated and signed, clearing London police to arrest Pinochet before his flight ([14:21]-[14:29]).
  • “With this document, the police in London are now authorised to arrest Augusto Pinochet, Chile's former president. But they will have to act quickly.” — Philippe Sands [14:29]

Notable Quotes & Memorable Moments

• On Taking a Stand:

  • “I know myself, and I knew that in my life I would never forgive myself for not having tried that action.” — Judge Garzon [06:03]

• On Pressure and Duty:

  • “‘Don Baltazar, do you know what you’re doing? Are you sure?’ I say, ‘You shut up and write.’” — Judge Garzon [07:17]

• On Legal Risk:

  • “The most likely thing was that it would be a failure and the attacks on me would have been ferocious. It was a leap into the void in the sense that Pinochet is not just anybody.” — Judge Garzon [04:54]

• On Facing the Unfamiliar:

  • "Burglary, theft, murder, I can cope with those, but this is just a different thing." — Nicholas Evans [11:55]

Key Timestamps

• [01:28] — Garzon learns of Pinochet’s imminent departure.
• [03:11] — Garzon faces the decision point: act or let Pinochet go.
• [03:57] — Garzon resolves to issue the arrest warrant.
• [06:03] — Garzon starts writing from memory.
• [07:05] — Collaboration and urgency with Garzon’s clerk.
• [08:37] — Procedural workaround with the missing chief prosecutor.
• [09:41] — Nicholas Evans is introduced as the duty magistrate.
• [10:08] — Evans learns about the case and stakes.
• [11:55] — Framing a legally valid extradition offence.
• [14:21] — Evans signs the warrant, authorizing Pinochet’s arrest.

Tone and Language

The tone of this episode is urgent, tense, and reflective—with Judge Garzon and Nicholas Evans candidly recounting the immense pressure and moral adversity of their respective decisions. Philippe Sands’ narration imbues the episode with gravity, emphasizing both the procedural hurdles and the stakes for international justice.

This summary captures the pivotal countdown to one of international law’s landmark moments, spotlighting the human decisions behind legal history.