The British government announced last night that it wanted to release Chilean ex-dictator Gen. Augusto Pinochet for health reasons, marking the probable beginning of the end to a hugely controversial diplomatic and legal wrangle.
The surprise announcement - although it is not a final ruling - followed independent medical tests carried out on the 84-year-old general last week at a north-west London hospital.
The "unequivocal and unanimous" conclusion of the four leading doctors who examined him was that Pinochet was "at present unfit to stand trial, and that no change to that position can be expected", a Home Office statement said.
The statement added that British Home Secretary Jack Straw was "minded . . . 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". Spanish authorities want Pinochet to face court on charges of human rights abuses during his 1973-1990 dictatorship.
However, a final decision will only be made after representations from the Spanish and Chilean governments, human rights groups and from Belgium, France and Switzerland, which have outstanding requests for extradition.
The news of Gen. Pinochet's likely release was greeted warmly by his supporters last night, but human rights groups condemned the announcement.
Ms Helen Bamber, who is head of the pressure group Medical Foundation for the Care of Victims of Torture, said any decision by Straw to release Pinochet on health grounds should be subject to immediate judicial review.
Mr 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."
Pinochet has been detained since his arrest at a private London hospital at Spain's request on October 16th, 1998.
An intense and complex legal wrangle ensued, with the initial court ruling in Pinochet's favour. But others since then, including the House of Lords, the highest court in Britain, concluded he should be extradited.
The case came to a climax last October when a central London court also ruled in favour of extradition on 34 charges of torture and conspiracy to torture during the last two years of his rule.
However, Pinochet's legal team has insisted for months that the senator's health was rapidly deteriorating, and following representations by the Chilean government, Straw agreed to independent medical tests to assess his fitness for trial. Pinochet underwent seven hours of tests on January 5th. Straw has discretionary powers to order Pinochet's release on humanitarian grounds once the legal process is completed.
The Home Office statement said Spain and Chile were being informed of the developments and were being asked to make representations.
Similar letters are being sent to France, Belgium and Switzerland, and to human rights groups such as Amnesty International, the Redress Trust and the Association of Disappeared Persons in Chile. Representations must be submitted within seven days. Straw will make a statement to parliament when the case is finally concluded.
The Home Office said Pinochet had refused a request for the medical report to be sent to the countries requesting extradition.
Reacting to last night's statement, Argentine human rights lawyer Mr Carlos Slepoy, who aided the Spanish investigation of Pinochet, said the health problems reported by the British government should not lead to his release.
If Pinochet was unfit for trial now, proceedings should be suspended but he should remain held under house arrest until his condition improved, Mr Slepoy, who is based in Madrid, said.
"What justice demands is that Pinochet be tried. He is accused of horrible crimes," he added. Pinochet's Spanish prosecutor, Judge Baltasar Garzon, was not available for comment.
A source at Madrid's High Court - where Garzon holds a seat - said the British decision appeared hard to challenge.
"If it's a health problem, there are no legal or procedural arguments that can be made," the source said.