Britain Is Ordered to Share Pinochet Report

Britain’s High Court ruled Tuesday that four countries seeking the extradition of Gen. Augusto Pinochet are entitled to see a medical report that found the former Chilean dictator unfit to stand trial.

On those orders, the Home Office hand-delivered the report to the embassies of Spain, Belgium, Switzerland and France, which want Pinochet to face charges for human rights abuses committed during his 17-year military regime.

The appeals court ruled that Home Secretary Jack Straw had been wrong to keep the medical report secret when he announced last month that he was inclined to send the 84-year-old home on grounds of ill health.

The governments have a week to review the report and make comments to Straw, who will then decide whether Pinochet is free to board the Chilean air force plane that is waiting at a British air base to fly him back to Chile.

Human rights groups hailed the decision by a panel of three judges as a victory for fairness and openness in legal proceedings.

It was a short-term setback for Pinochet, who wanted the records to remain confidential but opted not to challenge the ruling, which could clear the way for his release if the governments find the report convincing.

“We have been told by Straw this is an open-and-shut case,” said Richard Stein, a lawyer representing Belgium in the latest challenge. “If what Straw says is right, [a release] is the most likely outcome. It will give Straw strength rather than weakness” in his argument.

A ruling against Belgium most likely would have been appealed to the Law Lords, Britain’s highest court, a step that could have prolonged the legal process for many more weeks.

The Belgian government didn’t want to give up on trying Pinochet without first examining the medical evidence, which it sought on behalf of Belgian citizens who said their family members were killed or tortured by Pinochet’s government.

In reading the decision, Lord Justice Simon Brown said: “It is high time the decision was taken. Sen. Pinochet has spent quite long enough in this country.”

Pinochet was arrested at a London medical clinic in October 1998 on a warrant from a Spanish magistrate seeking his extradition for crimes relating to the death and disappearance of more than 3,000 of his political opponents during his 1973-90 rule.

He has been under house arrest since then at a mansion outside London while his lawyers have fought the governments and human rights groups seeking his extradition.

Pinochet’s supporters say that he is suffering from a range of ailments, including severe depression and the effects of three minor strokes, and that his health is failing quickly.

Belgium and the human rights groups argued that his medical report was a legal document in a legal proceeding and, therefore, could not be kept secret.

The judges concurred, saying that “fairness demanded” that Straw should disclose the contents of the report under conditions of strict confidentiality to the governments seeking Pinochet’s extradition.

In Brussels, Belgian Foreign Minister Louis Michel said the decision was an important step for international justice.

Human rights campaigners were equally delighted, although they will not have access to the medical records.

“Today’s ruling is a victory for fairness, transparency and the rights of Pinochet’s victims,” said Reed Brody of Human Rights Watch, one of the six groups seeking release of the report to the governments.

“There is no question the man is not a strapping young soldier anymore. The question is whether or not he is mentally fit to instruct his lawyers . . . and to understand the evidence,” Brody said. “One way or another, justice will be served. Either he really is unfit and he will go home, or he is not and he will face extradition.”

Straw has the discretion to release Pinochet on humanitarian grounds. If he does allow Pinochet to go free, opponents have another chance to seek a judicial review of his decision.

Spain and Belgium have indicated that they will not contest Straw’s decision. It is unclear whether the Spanish judge seeking Pinochet’s extradition will have access to the medical report and, if so, could press a request for a second medical exam.