Cautious reaction in Chile to Straw's ruling

Britain's ruling that former Chilean dictator Gen Augusto Pinochet is medically unfit to stand trial in Spain on torture charges…

Britain's ruling that former Chilean dictator Gen Augusto Pinochet is medically unfit to stand trial in Spain on torture charges was greeted with caution by followers and opponents alike.

"We won't be laying out the red carpet just yet," said a spokesman at the Pinochet Foundation in Chile. "The decision still has to be ratified." Ms Mireya Garcia, spokeswoman for the Relatives of the Disappeared, said that she still hoped that British Home Secretary, Mr Jack Straw, might send Gen Pinochet to Spain, "where he will have excellent medical treatment".

Tuesday's ruling opened the way for Gen Pinochet to end his house arrest in London and return to Chile, probably at the end of next week. A final decision must be announced within seven days, subject to representations by Spain and other countries seeking the former dictator's extradition.

The British decision is expected to have an impact on next Sunday's presidential election runoff, where Socialist Party candidate Mr Ricardo Lagos faces right-wing hopeful Mr Joaquin Lavin after a dead heat in the first round last December.

READ MORE

Mr Lagos is counting on the support of defeated Communist Party candidate Ms Gladys Marin, who secured 230,000 votes in the first round, more than twice the number of votes which separate the two candidates. "Lagos and Lavin did their best to neutralise the Pinochet effect," said Mr Tomas Moulian, a Chilean political analyst. "Lagos didn't attack Lavin over his connections to Pinochet and Lavin backed the government line on the case," he said.

A number of Marin voters, annoyed at Mr Lagos's low-key approach to the Pinochet extradition case, may cast a "punishment vote" against Mr Lagos, himself a former exile during Gen Pinochet's regime.

Mr Lavin, a former Pinochet adviser, said that the vote on Sunday "has to do with which of the two candidates has the better platform for resolving Chile's problems".

The two candidates, however, have almost identical electoral platforms, pledging to maintain the market economy and make an increased effort to orient social spending toward the country's neediest sectors.

The crucial issue of whether Gen Pinochet will stand trial at home will depend on Chilean judge Juan Guzman, who is prosecuting 55 lawsuits against the retired general.

Judge Guzman has announced his intention to conduct further medical tests on Gen Pinochet in Chile to determine his ability to stand trial. He has made considerable advances in tying Gen Pinochet to specific murders committed during his rule (1973-1990), evidence which will determine whether the judge can remove the general's right to immunity due to his status as a life senator.

If he is successful, Gen Pinochet's age will be irrelevant, as Chilean law states that the only citizens exempt from trial are the insane.

"Everyone has said that Pinochet must be returned to Chile to be tried," said Mr Hernan Montealegre, a leading Chilean human rights lawyer. "Now will be the moment to see if their word is true."

Ms Patricia Verdugo, a Chilean historian, had her doubts. "Pinochet is a cunning fox who might just return to Chile, climb into a convertible and tour Santiago as a returning hero. After all, he believes he was kidnapped in London, so a celebration would be in order."