Gen. Augusto Pinochet is physically and mentally fit enough to stand trial on charges of torture, according to Spanish and Belgian experts who have studied the former Chilean dictator's medical report.
The controversial assessment came to light a few minutes after the 5 p.m. deadline set by the British Home Secretary, Mr Straw, for the receipt of submissions from the four countries seeking Gen. Pinochet's extradition - Spain, France, Switzerland and Belgium. The home secretary will now consider their submissions before making a final decision on Gen. Pinochet.
But while he has indicated that he will give 24 hours notice of any decision, it is certain from their comments on the medical report that the four countries and other interested parties are prepared to launch a legal challenge if Mr Straw decides Gen. Pinochet should return to Chile.
Eight Spanish doctors read the report on Gen. Pinochet's health which prompted Mr Straw to declare last month that he was "minded" to send him back to Chile. They concluded that the former dictator has "the ability to defend himself, of understanding and of comprehension", according to Spanish judicial sources. The investigating judge Mr Baltasar Garzon is understood to have asked Mr Straw to authorise fresh medical tests on Gen. Pinochet.
The Spanish assessment is shared by the Belgian investigating judge Mr Damien Vandermeersch, who concluded that Gen. Pinochet is "fit to undergo trial", according to his office.
In a statement, the prosecutors' office in Brussels said four medical experts "subscribed to the opinion of their British colleagues" that Gen. Pinochet is suffering from a number of medical conditions, dominated by cerebral illness. Crucially, however, the medical experts disagreed with their British counterparts and considered "that cognitive deterioration is currently light, rather than moderate to severe".
They said that, in particular, the "reasoning capacities and conceptual level are better preserved than memory functions", adding that complementary examinations should be carried out to assess the abilities of Gen. Pinochet's "autobiographical memory". The Belgian authorities have asked the home secretary to authorise further medical tests to be carried out on Gen. Pinochet.
Earlier, a spokeswoman for the French Foreign Ministry confirmed that the French investigating magistrate Mr Roger Le Loire had also asked Mr Straw to authorise further medical tests to be carried out on Gen. Pinochet. In his submission to the Home Office, Mr Le Loire, who is investigating the disappearance of five French people in Chile during Gen. Pinochet's 17-year rule, nominated three medical experts to carry out the tests and study Gen. Pinochet's medical records.
The Swiss government called on Mr Straw not to return the former dictator to Chile. In its submission it argues that international treaties did not rule out extradition on health grounds.
Mr Folco Galli, a spokesman for the Swiss Federal Office of Police, said that under the terms of the European convention, extradition could not be refused on health grounds and the British home secretary should not oppose it in Gen. Pinochet's case.