"There's no surprise in this decision, since it is common for medical reports that are being used as grounds to dismiss a court case to be made available to both sides," says TIME London bureau chief Jef McAllister. "Straw had been accused of keeping the records out of the hands of those pushing for Pinochet's extradition to make it easier to get the general out of the country. Now his stay will be prolonged, reviving the government's greatest concern — that Pinochet dies in Britain." The medical records that prompted Straw to conclude that the general's physical and mental health won't stand up to the rigors of a trial will be sent to the four extradition petitioners Tuesday, and they'll have until February 22 to respond. And that also raises the possibility of further tests. Even in the absence of a trial, then, General Pinochet is already serving some sort of sentence.
For Pinochet, a Vacation That Just Won't End
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For the past month, the Chilean air force has had a plane waiting at a British airfield to take General Augusto Pinochet home; right now, the former dictator might as well unpack his bags. Britain's High Court Tuesday overruled Home Secretary Jack Straw's decision to keep Pinochet's medical records secret from countries seeking his extradition, compelling Britain to make them available — in confidence — to Spain, Belgium, Switzerland and France. The results of a series of medical tests ordered by the British government prompted Straw last month to announce he was "minded" to send Pinochet home on compassionate grounds rather than extradite him to Spain, where he faces charges of torture and kidnapping arising out of the repression of opposition during his 17 years as Chile's military ruler.