The possibility that Gen Augusto Pinochet could face prosecution in Britain if Spain decides to drop its request for extradition sparked outrage among the Conservatives yesterday.
Amid claims that the Spanish authorities are close to agreeing a deal with Chile's foreign minister, Mr Juan Gabriel Valdes, to drop its extradition request for the former Chilean dictator, the Crown Prosecution Service (CPS) has said Gen Pinochet could face prosecution in Britain if the police decide to launch an investigation into allegations of torture.
The question mark over Gen Pinochet's future should Spain drop its extradition request raises the possibility of extradition requests from France and Switzerland, put on hold during the British legal proceedings, being reactivated. Furthermore, the human rights group Amnesty International has lodged a request with the Metropolitan Police Commissioner, Sir Paul Condon, to investigate the disappearance in Chile of a British citizen, Mr William Beausire, in 1975.
"As with any investigation the police would have to look into the complaint and present us with a file," a spokeswoman for the CPS said. "We would then have to decide whether there was sufficient evidence for prosecution. At the moment this is hypothetical. We are still moving towards extradition proceedings in September."
Reports yesterday suggested that in the event of the Spanish extradition request being withdrawn, the Home Secretary, Mr Jack Straw, would be legally obliged to order the police to investigate allegations made against Gen Pinochet.
The Conservatives said the prospect of a British-led case against Gen Pinochet was "an outrage". The Shadow home secretary, Ms Ann Widdecombe, has written to Mr Straw, asking him to clarify the matter: "Jack Straw has never raised this possibility at all. It does not seem to have formed part of the Government's considerations. It is just one more muddle in a massively mishandled incident."
The Home Office has denied that Mr Straw could be forced into that position. "It is all very inaccurate. The Home Secretary has no power to bring a private prosecution, that is a matter for the Director of Public Prosecutions. And he has no power to order the police to investigate. He can only give guidance to the police authority for the Metropolitan Police as to overall aims and objectives," a spokesman said.
AFP adds: A French appeals court in early July ordered the resumption of an investigation against Gen Pinochet for crimes against humanity.
The inquiry concerns the murder in Chile of two French nationals - Mr Henri Ropert, killed in 1973, and Father Andre Jarlan, a priest shot to death in 1984 in his home on the outskirts of Santiago.
According to court documents, Gen Pinochet's state police killed Mr Ropert, a French national and the son of the personal secretary to President Salvador Allende, when he was 20.