This open letter is distributed to the 450.000 members of the International Journalist Federation - IFJ in Brussels - and the 50 major global newsmedia
including those in the United States.
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FOREIGN PRESS FOUNDATION -
Editor H.J.J.M. Ruyssenaars -  forpressfound@netscape.net -
The Netherlands -

Subject : KISSINGER NEEDS A FAIR TRIAL !

April 25th - 2002 OPEN LETTER TO :

THE DIRECTOR OF PUBLIC PROSECUTIONS : DAVID CALVERT-SMITH -
CROWN PROSECUTION SERVICE HEADQUARTERS, 50 LUDGATE HILL,
LONDON?EC4M 7EX
GREAT BRITAIN


CONC.: YOUR DUTY UNDER S.10 OF THE PROSECUTION OF OFFENCES ACT, TO OFFER
GUIDANCE ON THE DECISION TO PROSECUTE, AND THE SELECTION OF APPROPRIATE CHARGES.

Dear Sir,

for the past forty years the undersigned has worked as foreign correspondent for major global media, including the BBC and CBS. As such I was accredited
in Chile in 1971, and worked as Latin America correspondent until being declared "Persona non Grata" by the military junta of General Augusto Pinochet in July 1974.

Like many others, the Foreign Press Foundation's correspondents have been following the "Kissinger case" for the past 35 years. Personally I've seen the results of Mr. Henry Kissinger's "foreign policy" during the war in Vietnam, Cambodia, in Latin America etc. Between 1987 until 1997 I was correspondent in North-West Africa and the Middle East. Declared "Persona non grata" 5 times in East and West.

Lately - here in the Netherlands at Kamp Zeist - I've followed the Lockerbie Trial, which according to the official United Nations observer - and Kofi Annan's special envoy - Professor H. Köchler : "had absolutely nothing to do with Justice". To many "Justice" is not only a legal text but a social cornerstone, they still write it with a Capital. Professor Köchler stated officially - even in the unwilling western media - that the Lockerbie Trial
was a perfect example of a : "Show process in the best Soviet Union and East German manner". And afterwards - with few exceptions - the silence of the
lambs reigned and Justice was shamed.

I'm writing to you because according to the Code it is your duty : " to offer guidance on the decision to prosecute, the selection of appropriate
charges, and the representations to be made on either way offences." Your latest refusal to prosecute Henry Kissinger did not surprise us, even if we correspondents outside Great Britain maybe look upon your deliberations with different - sometimes more objective - eyes.

We are very disappointed and have difficulty in understanding your position and decision not to prosecute Mr. Kissinger. Even when taking the British
political position into account ; the present "fellow travelling" with the United States. We still thought - at least some optimists among us - that British Justice would not bow to political wishes from abroad. Or is this done : " In the Interest of the Nation", which allows everything...?

We have read the following :

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.

end quote.

We know that you have the "Power to discontinue".

There are many reasons why a prosecution may be discontinued, for example, the evidence may be insufficient or may have been obtained illegally, witness statements may not be reliable or the case may lack witnesses. It may also be that the evidence does not support the contention that the defendant actually
committed the offence.

So, Your Honour, now we would like your help : could you please in normal language and as a normal human being explain why you did not issue a warrant
for Mr Kissinger's arrest ? Even if the United States Library of Congress is filled with incriminating documents ? Evidence confirming Mr. Kissinger's abominable role on the world scene ? Many of us for decades also have seen and reported on war crimes from different armed conflicts and do not understand your refusal to prosecute Mr. Kissinger.

It can not be that you want to confirm the impression that British Law is subject to political pressure ? Like the Lockerbie Trial showed the "value" of Scottish jurisdiction...?

According to our opinion the following is strange : You - as well as we - know that - to give one fact : "Henry Kissinger was the chief architect of the indiscriminate US 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."

We know as well as you do that it's your duty and responsibility "to enforce the law without fear or favour."

We have lost the conviction that "No one is above the law, not even Henry Kissinger.", and thus are asking for an honest answer to the question : Why did you take the decision not to issue a warrant for Kissinger's arrest ?

We hope you're blessed with children. But wonder if you have no fear nor understand that in the nearby future they will ask the same questions as the families of the victims of Mr. Kissinger's actions : why did you refuse to
act and at least legally sort out the case ?

According to the overwhelming evidence and in accordance with International law, Mr. Kissinger should be tried in court, like Milosevic et al. in The Hague or anywhere else where Justice still exists and judges follow the book of law and know what Justice is...

Crown Prosecutors must be fair, independent and objective. They must not let their personal views of the ethnic or national origin, sex, religious beliefs, political views of the offender, victim or witness influence their
decisions. They must also not be affected by improper or undue pressure from any source.

Refusal to give Mr. Henry Kissinger a fair trial is only understandable if political pressure is taken into account, and at present that impression is given concerning British practice of law. We do not think that is the impression you want to make. Because this is what people expect from you :

To contribute to the reduction both of crime and the fear and to increase public confidence in the criminal justice system by fair and independent review of cases and by firm, fair and effective prosecution at court.

So, why your decision not to prosecute mr. Kissinger ?.

Awaiting your reply, we meanwhile remain,

for the Foreign Press Foundation

H.J.J.M. Ruyssenaars - Editor

The Netherlands  fpf@chello.nl