Spanish judges prepare to fly to London to question Pinochet

Gen Augusto Pinochet: under armed guard

Gen Augusto Pinochet: under armed guard

The former Chilean dictator, Gen Augusto Pinochet, remains under armed guard at a London hospital today awaiting the arrival of two Spanish judges who will question him about alleged genocide and state-sponsored terrorism during his 17-years in power.

Gen Pinochet (82) was arrested on Friday night by the Metropolitan Police on an international warrant, following a request by Judge Baltasar Garzon and Judge Manuel Garcia Castellon. They are investigating the murder of up to 3,000 people and the disappearance of 1,000 more in Chile between 1973 and 1983. The arrest warrant alleges that between September 1973 and December 1983 he "did murder Spanish citizens in Chile within the jurisdiction of the government of Spain".

Under the terms of the 1989 Extradition Act, the Spanish judicial authorities have 40 days from the day of Gen Pinochet's arrest to make a formal request for his extradition. The final decision on whether he will be extradited rests with the Home Secretary, Mr Jack Straw.

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The Chilean government accused Britain of wrongfully arresting their former leader because, as a senator, Gen Pinochet was travelling on a diplomatic passport and could therefore claim diplomatic immunity. The Foreign Office rejected this charge yesterday.

The Chilean president, Mr Eduardo Frei, a Christian Democrat, said yesterday that Spanish courts had no more right to try Gen Pinochet than Chilean judges would have to delve into crimes under the former Spanish dictator, Gen Franco. His foreign minister, Mr Jose Miguel Insulza, a Socialist, lodged a formal complaint with his British counterpart.

But other leading members of both coalition parties in Chile said that diplomatic immunity did not protect Gen Pinochet from being questioned about crimes against humanity.

The Shadow Foreign Secretary, Mr Michael Howard, said he was worried that Gen Pinochet's arrest was not a result of normal legal procedures but had come about because of pressure from lobby groups and Labour MPs. During the previous Conservative government, Gen Pinochet was a regular and welcome visitor to Britain.