Furthermore, although this decision is said to be based on medical expert reports which conclude that " Pinochet would be unfit to stand trial, and that no change to that position can be expected ", the FIDH is concerned by the fact that these medical reports have been evaluated in secret by the Home Secretary, rather than by a court, and without any possibility for the prosecution to challenge these medical examinations.
Your office has repeatedly maintained that the Pinochet case was a judicial matter for the courts, yet, it appears that the medical examinations and reports relating to Augusto Pinochet’s health have not been subject to judicial supervision.
The FIDH thus requests that a counter medical examination be undertaken and that the prosecution be entitled to see and challenge the medical reports. Furthermore, it should be up to the courts and not a political official to decide whether Augusto Pinochet is fit to undergo trial on torture and crimes against humanity.
Pinochet’s arrest in London in October 1998 and the trials which ensued not only demonstrated the United Kingdom’s commitment to human rights, but highly contributed to a very important evolution in international human rights law and the struggle against impunity. To let Pinochet return home in this context, without a thorough judicial examination of his health condition would not only constitute an extremely regrettable precedent but would also be an insult to all his victims and to the principles of fair justice.
Yours Sincerely,
Patrick Baudouin
President