By Tito Drago
MADRID, Jan 26 2000 (IPS)

An agreement between the governments of Chile, Spain and Great Britain improves the chances for former dictator Augusto Pinochet’s prompt return to his home country, as official statements made Wednesday in London and Madrid seem to indicate.

A legal representative of British Home Secretary Jack Straw laid out the government official’s reasons behind leaning toward releasing Pinochet. Meanwhile in Madrid, the Spanish Foreign Ministry confirmed it would not appeal such a decision.

Pinochet has been detained in London since his arrest Oct 16, 1998 on a warrant issued by Spanish judge Baltasar Garzón, who intends to try the former general for human rights crimes that occurred during his dictatorhsip (1973-1990).

Cases of more than 3,000 people who were killed or “disappeared” under Pinochet’s rule have been legally recorded by the Chilean government. Several involved individuals of dual European-Chilean nationality, prompting charges against the elderly former dictator in Spain, France, Belgium and Switzerland.

Straw, responding to a request by the Chilean government, ordered a health exam of the accused and, based on the medical report, which he has maintained secret, stated Jan 11 that he was “inclined” to call off the extradition proceedings, release Pinochet and allow him to return to Chile.

Judge Garzón, British legal authorities, and the attorneys representing the individual Spanish cases could legally challenge the decision before the High Court of London, according to instructions coming from Straw himself.

But the Spanish government has told the British legal authorities, which represent the Kingdom of Spain, to refrain from appealing any decision made by Straw on the case.

The Belgian government and Amnesty International, in conjunction with five other non-governmental organisations, presented appeals in London in an attempt to prevent Pinochet’s release. Judge William Cage, of the High Court, began deliberations on their presentations Wednesday.

Straw’s spokesman used the Spanish government’s clear-cut instructions against seeking an appeal as his principal argument in explaining the Home Secretary’s position.

If Spain, the only country that may file an appeal, has already decided against doing so, it does not make sense to decide on whether to allow an appeal, indicated the lawyer. Present for these stataements was a representative of the British legal authorities, but only as an observer, due to the orders from Madrid.

José María Aznar, president of the Spanish government, emphasised during a press conference that “Spain will actively work so that nothing even remotely disturbs” its relations with Chile.

The communique from the Foreign Ministry affirms the Spanish government “has not prohibited anything for the British legal authorities. It has limited itself to formally reiterating its decision not to appeal” Straw’s final decision.

Such a ruling, says the document, “belongs exclusively to the British Home Office. For this reason, Spain is committed to respecting it.”

The Spanish government has explained that it will not appeal the ruling and “has promised as much to Chile, which could not accept any other position, as it would have serious negative consequences for our foreign relations.”

Judge Garzón reiterated Monday to the British legal authorities that they must challenge Straw’s ruling. But they act in name of the Kingdom of Spain, making it unlikely they would go against explicit instructions coming from the Spanish Foreign Ministry.

Judge Cage will continue taking statements Thursday, and his ruling is expected after Friday. If he upholds Straw’s decision, the Home Secretary would immediately give the order to release Pinochet, closing the extradition process.

If he admits the appeals coming from Belgium and the human rights organisations – also unlikely because they are not party to the extradition proceedings – Pinochet would undergo a new medical examination in the presence of independent psychiatric and forensic specialists.

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