The return of Gen Augusto Pinochet to Chile was plunged into further doubt yesterday by a decision in the High Court in London that could see him remain in Britain for many months.
The development came after three judges converted into a full hearing an application for judicial review of the announcement by the Home Secretary, Mr Jack Straw, that he is "minded" to send the former dictator back to Chile. The application was lodged by Belgium, and six human rights groups. The decision indicates that the groups have an "arguable case" and suggests that it could be some time before a final decision is reached.
Lord Justice Brown, sitting with Mr Justice Latham and Mr Justice Dyson, insisted the reason for their decision was to prevent another tribunal from having to deal with a legal challenge on the issue for a third time.
And adding further weight to indications that Gen Pinochet could remain in Britain for some time, Lord Justice Brown said if the applicants lost their legal battle, they could bring a challenge against Mr Straw's declaration as far as the House of Lords.
A full hearing of the judicial review means that even if the applicants lose, they could force the Lords to rule again on the case, further delaying a decision by Mr Straw to return the general.
If Belgium and the groups win this round there could be further delays while Gen Pinochet's medical report, stating his unfitness to stand trial, is studied and any response is considered.
In the High Court Mr Jonathan Sumption QC, for Mr Straw, said the Home Secretary had received about 47,000 representations on the case. He said: "The spectacle of people trying to launch judicial review proceedings in order to be able to investigate for themselves the clinical condition of the accused with a view to preventing the statutory decision-maker coming down in his favour is not attractive."
Amnesty International said the decision was particularly important since it wanted to put before the court its belief that Mr Straw had flouted natural justice by not releasing the full details of Gen Pinochet's medical report.