Until such a process takes place and the medical evidence examined in court he should be extradited to face trial in Spain

Until such a process takes place and the medical evidence examined in court, he should be extradited to face trial in Spain."There is no release for the mental and physical pain which many of the foundation's Chilean clients suffer from following their torture by the Pinochet regime."The wife of a Chilean who disappeared under General Pinochet's regime last night vowed to continue the struggle, saying: "We have lost the battle but we have not lost the war."Mercedes Rojas, 49, who now lives in London, has not seen her husband Oscar since he was arrested in Chile in 1982, aged 35 She said: "For him, and others like him, we must go on. I prefer to wait a few hours and consider the exact context of the decision."But for the families of those who died or were tortured while General Pinochet was in power, the news that their campaign may have failed was greeted with dismay.Since his arrest anti-Pinochet protesters have relentlessly trailed, and verbally hounded the general, many with hands stained red to symbolise his regime of torture, as he moved through the British legal process.Carlos Reyes, a spokesman for Chile Democratico, which represents Chileans living in exile, said: "We are reacting with horror."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."Helen Banber, director of the Medical Foundation for the Care of Victims of Torture, said: "Any decision by Jack Straw to release General Pinochet on health grounds should be subject to immediate judicial review. It's bad news for human rights and bad news for the victims of Pinochet's dictatorship.''The Spanish lawyer Joan Garces, who was closely involved in building Judge Garzon's case for extradition, was surprised last night to hear that Mr Straw was "minded" to free the general."It contradicts what we understood from the Home Office, that they were to spend several more days in considering the medical report before making a decision."Mr Garces added: "For the moment we cannot make any comment Let's wait and see. There are pending cases against the general in Chile, but it is not possible that we put him up for judgment," Mr Palma said.In Spain the lawyer Carlos Slepoy, who spent years gathering testimonies from General Pinochet's victims that forms the bulk of Judge Baltazar Garzon's indictment of the former dictator, said last night: ''Pinochet may be ill, but he can be looked after and cared for in hospital: he shouldn't be allowed to escape justice."This is a very serious decision that the British government has taken. It is a pity that the Home Secretary couldn't have made a clear-cut decision."It has never been in the interests of justice that General Pinochet should be tried in Europe - this has always been a matter for Chile."Lord Lamont continued: "I am in no doubt that he could not have stood a trial on health grounds but he should never have been detained in the first place."In Santiago, Congressman Andres Palma, a veteran politician from the Christian Democrat party, said that the news of Britain's statement was quick to spread."There is a sense of relief that a show trial in Spain has been averted," he said."Pinochet should now be allowed back to Chile where he can retire and take time to reflect on his actions."Britain is a democratic and humanitarian country."We all can see the man's ill health. Last night Lady Thatcher said: "I would trust the Home Secretary's judgement.

He is a very fair man." She has said that General Pinochet's assistance during the Falklands conflict was responsible for saving the lives of many British military personnel.Equally supportive was the former Tory Chancellor, Lord Lamont of Lerwick ,who said that the decision was "long overdue". He said: "If Jack Straw really has decided that General Pinochet should not be extradited that is good but long overdue news. Human rights campaigners said that they may have "lost the battle but we will win the war" last night, but there was no hiding the satisfaction for the supporters of General Augusto Pinochet. The man at the centre of the affair - General Pinochet - used a spin doctor to reveal that he was "delighted".Patrick Robertson, the former dictator's public relations adviser, said: "On the basis of the news tonight, we are delighted that the Home Secretary has recognised the case that we have been making, namely that the personal, legal and political basis of the Spanish government's extradition case against Senator Pinochet does not stand up to scrutiny."His staunchest, and most high-profile allies have included Baroness Thatcher, who visited him and campaigned for his release on numerous occasions. Human rights campaigners said that they may have "lost the battle but we will win the war" last night, but there was no hiding the satisfaction for the supporters of General Augusto Pinochet. The Home Office said General Pinochet had rejected a request for the medical report to be sent to the countries requesting his extradition.. His lawyers have already appealed an 8 October ruling by a London magistrate that he can be extradited to Spain. A hearing is scheduled to begin on 20 March.Mr Straw must ultimately decide whether to extradite General Pinochet to Spain or allow him to return home.

Even if Mr Straw were to agree to release the General due to health concerns, the Spanish prosecutor could appeal that ruling, further prolonging the general's enforced stay in England.The Home Office statement added: "The Home Office is writing to the Crown Prosecution Service as representatives of the Kingdom of Spain and to the Government of Chile, informing them of the above matters and inviting them to make representations. Letters are also going to France, Belgium and Switzerland who have outstanding extradition requests."Human rights groups Amnesty International, the Caring for Victims of Torture Foundation, the Redress Trust, the Association of Disappeared Persons in Chile and Human Rights Watch are also being invited to make representations. According to an official report by the civilian government that succeeded General Pinochet, 3,197 people, including Spanish citizens, were killed or disappeared after he seized power in a 1973 coup.Since his arrest, General Pinochet has waged an aggressive fight to block his extradition. General Pinochet underwent seven hours of tests at Northwick Park Hospital, London, last week to assess his fitness to be extradited.The tests were ordered by the Home Office after an appeal by Chile to allow the 84-year-old senator home on humanitarian grounds. It is claimed he has suffered a series of strokes and his health is deteriorating.The former dictator appeared frail as he arrived at the hospital from the rented house on the Wentworth Estate, Surrey, where he is under 24-hour guard, and was carrying a walking stick.The General has been under detention in Britain since his arrest in a London hospital nearly 15 months ago on a Spanish warrant seeking to try him for alleged human rights abuses committed during his 17-year rule. "We have many examples that these things are happening now in Chile."After nearly 15 months of legal wrh may prevent him being extradited to Spain on charges of human rights abuses.Jack Straw, the Home Secretary, has said he is "minded" to release the former Chilean dictator after recent medical tests showed he was unfit to stand trial.Subject to a legal challenge from the Spanish government, the General could be free to leave Britain within the next 14 days, said the Home Office.In a statement, the Home Office said the "unequivocal and unanimous" conclusion of a four-strong medical team who examined General Pinochet on 5 January was that he was "at present unfit to stand trial, and that no change to that position can be expected".It added: "In the circumstances, the Secretary of State is minded, subject to any representations he may receive, to take the view that no purpose would be served by continuing the present extradition proceedings and that he should therefore decide not to extradite Senator Pinochet."The surprise announcement came after initial medical reports showed the former Chilean head of state, facing charges in Spain of human rights abuses, was fit to stand trial.In its statement, the Home Office said that the Chilean Embassy made representations to the Government on 14 October that General Pinochet's health had deteriorated.Mr Straw ordered a team of "eminent" doctors to assess the senator.

Former Chilean dictator General Augusto Pinochet may face prosecution in his homeland if he escapes extradition to Spain and is allowed to go home, as Britain proposes, according to Chile's ambassador in London. Many changes have been made in Chilean law since the closing days of the Pinochet regime, when the dictator passed a wide-ranging law giving himself immunity from prosecution, the ambassador Pablo Cabrera said."The law in Chile (now) allows the people and the tribunal to strip off immunity, as has been done already with another senator for other reasons," Cabrera told BBC Radio. Former Chilean dictator General Augusto Pinochet may face prosecution in his homeland if he escapes extradition to Spain and is allowed to go home, as Britain proposes, according to Chile's ambassador in London. Submissions must be made within the next seven days, according to the Home Office.Carlos Reyes, a spokesman for Chile Democratico, which represents Chileans living in exile, said his reaction was one of "horror" and he would be making urgent appeals to the Home Secretary "I feel choked For 25 years, thousands of families have been suffering. The whole country is suffering the consequences of his regime To know that he is escaping justice is unbelievable.". According to an official report by the civilian government that succeeded General Pinochet, 3,197 people, including Spanish citizens, were killed or disappeared after he seized power in a 1973 coup.Mr Straw must ultimately decide whether to extradite General Pinochet to Spain or allow him to return home. Even if he was to agree to release the general on health grounds, the Spanish prosecutor could challenge that ruling, prolonging his enforced stay in England.