After nearly 15 months, former Chilean dictator General Augusto Pinochet may finally be winning his legal fight against extradition to Spain -- thanks not to a court victory, but his health.
British Home Secretary Jack Straw said on Tuesday that an independent medical exam was "unequivocal and unanimous" in finding the 84-year-old general unfit to stand trial, and he is therefore inclined "to take the view that no purpose would be served in continuing the present extradition proceedings."
This opens the door for Pinochet to return home to Chile within weeks, ending his detention on charges of human rights abuses, which activists contend set a universal precedent and put dictators around the world on alert.
PHOTO: AP
The announcement drew immediate reaction in Chile, where a group representing relatives of alleged victims called it a blow to justice, while his supporters declared it was good for both Pinochet and the country.
In Spain, Judge Baltasar Garzon, who launched the extradition case, did not immediately comment, but lawyers working with him said they would continue their fight.
Before Straw makes a final ruling, he has given everyone involved in the case -- including Garzon and Chile -- seven days to submit arguments for his consideration.
Straw also invited France, Switzerland and Belgium, which have extradition requests pending against Pinochet, to respond. They all claim that citizens of their countries, who may in some cases be Chilean exiles, suffered abuses under Pinochet. The Spanish government, which has said it will not challenge Britain's decisions or interfere in the legal process, may also submit papers.
Straw did not say how long he would take after those seven days to rule, but The Guardian newspaper in London quoted unidentified Home Office sources as saying that Straw would act quickly.
Pinochet has been detained in Britain since his Oct. 16, 1998 arrest in a London hospital on a Spanish warrant. He is accused of using torture to intimidate and silence political opponents throughout his 1973-90 dictatorship.
His supporters contend that since his arrest, Pinochet's health has steadily deteriorated.
Pinochet, who remains under police guard in a rented mansion outside London, suffers from diabetes, wears a heart pacemaker and has difficulty walking. His doctors have said he suffered two minor strokes in September.
The Chilean government urged Straw in October to allow an independent medical team to examine Pinochet's health. Straw consented and on Jan. 5, two geriatricians, a neurologist and a fourth doctor spent seven hours examining the former dictator.
"Following recent deterioration in the state of Senator Pinochet's health ... he is at present unfit to stand trial and no change to that position can be expected," the doctors concluded. Their exact medical findings remained confidential.
The announcement cheered Pinochet's supporters, who have been watching the general fight an increasingly difficult legal battle to win his freedom.
Last October, Pinochet lost his case before a London magistrate, who ordered him extradited to Spain. But Pinochet's lawyers appealed and a hearing was scheduled for March 20.
Pinochet was said by friends to be "delighted" by the latest twist in his case, but his family told Britain's Sky News that they would put off celebrations until Pinochet was on a plane home.
"We are a little skeptical about what is going to happen," said Marco Antonio Pinochet, the general's son. "We are not sure he is coming home but we know it is a step forward. We don't feel happy, it's a mix of feelings."
His opponents, meanwhile, expressed dismay at what they see as the now inevitable collapse of their best chance of making the general stand trial.
"We are reacting with horror," said Carlos Reyes, spokesman for Chile Democratico, which repre-sents Chileans living in exile. "I feel choked that this criminal is going to escape justice, especially because we have in Chile people still suffering from his reign of terror who are older than him and in even worse health than he is."
In Chile, where the case has already threatened to divide the country and has soured relations with Britain and Spain, reaction was mixed. Pinochet supporters cheered, while opponents vowed to continue efforts to try Pinochet at home if he is allowed to go free.
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