Pinochet can go home, rules judge

LONDON, JAN. 31. A British judge today backed the Government's decision to send the former Chilean dictator, Gen. Augusto Pinochet, home to Chile on the grounds he is medically unfit to stand trial on torture charges.

But Belgium, which along with the Amnesty International and other human rights groups had challenged the British Government, said it `envisages' an appeal against the ruling.

Judge Maurice Kay rejected an application for a judicial review of the Home Secretary (Interior Minister), Mr. Jack Straw's decision to let Gen. Pinochet return to Chile. ``In my judgment, neither Amnesty International and the other human rights groups nor Belgium have arguable grounds for judicial review and accordingly I shall refuse both applications,'' he told the High Court.

''I do so after careful consideration, conscious that my decision is unavoidably adverse to, on the one hand, people who have suffered greatly in Chile's recent history, and, in the case of Belgium, to a friendly state and its judicial authorities,'' Mr. Kay said.

Belgium was acting in the case on behalf of Chilean exiles.

``The (Foreign) Minister says he envisages making an appeal,'' said the Belgian Foreign Ministry spokesman, Mr. Michel Malherbe. ''We're disappointed (by the court's decision).''

The judge found that Mr. Straw had acted ``lawfully, fairly and rationally'' and backed his decision not to disclose the results of a medical examination carried out on the 84-year- old Pinochet by British doctors earlier this month.

Mr. Straw had argued that he could not release details of the medical report because of patient-doctor confidentiality.

The Amnesty said it was considering its legal options and would decide later on Monday whether to take the case to the three- judge court of appeal.

``The process remains secret and unfair,'' said Claudio Cordoni of the Amnesty outside the court. ''Our concerns throughout have been to keep this process fair and transparent. We think the involvement by the home secretary to take the matter out of the courts is a sign of political interference.`` The Home Office had no immediate comment on the ruling.

Mr. Straw has said that when he makes his final decision on the case, he will announce it in Parliament. A Home Office spokesman said no date had been set for this announcement.

- Reuters

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Section  : International
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