informed the parties on 11 January 2000 that he was considering the possibility of
discontinuing the extradition process for medical reasons and invited comments by
18 January. The Spanish Audiencia Nacional, through the Spanish Ministry for
Foreign Affairs, informed the British Home Office on 13 January that it maintained
its request for extradition. However, by note verbale of 17 January 2000, the
Spanish Embassy in London indicated that Spain would not appeal a decision by
the
Home
Secretary
to
discontinue
the
extradition
process.
2.5 On 19 January 2000 the Audiencia Nacional prepared a document addressed to
the (British) Crown Prosecution Service, counterpart of the Spanish judicial
authorities in the extradition process, to file an appeal in case of a negative
decision by the Home Secretary. However, the Spanish Ministry for Foreign
Affairs did not forward this document to the Crown Prosecution Service.
2.6 In a report dated 20 January 2000, the Crown Prosecution Service requested
instructions in order to prepare an appeal before 23 January. The Spanish Ministry
of Foreign Affairs did not forward this report to the Audiencia Nacional until 10
February 2000. Other requests of the Crown Prosecution Service of 24 and 25
January never reached the Audiencia Nacional, as a result of which the Crown
Prosecution Service was unable to intervene in the judicial hearings held on 26 and
27 January in connection with a claim filed by Belgium and others against the
decision of the Home Secretary to keep the medical reports secret.
2.7 On 24 January the Audiencia Nacional informed the Spanish Ministry for
Foreign Affairs of its intention to appeal in case the extradition was not granted.
However, it was reported that the Minister for Foreign Affairs had made public
statements indicating that he would not transmit such an appeal to the British
authorities.
2.8 In a decision dated 15 February 2000, the High Court accepted the claim filed
by Belgium in connection with the medical reports and asked the Home Office to
send copy of them to the Audiencia Nacional in order to allow it to make a
submission, if it so wished. On the same date the Home Office sent the reports to
the Audiencia Nacional through the Spanish Ministry for Foreign Affairs. The
Audiencia Nacional made its submission to the Home Office on 22 February 2000,
including a medical report in which Spanish doctors questioned the conclusions
reached by the British physicians who had examined General Pinochet on 5
January 2000.
2.9 On 1 March 2000 at 4 p.m. the Home Secretary informed the Spanish
Ambassador in London through the Crown Prosecution Service, as well as the
authorities of Belgium, France and Switzerland, that he would make public his
decision concerning the extradition process on the following day at 8 a.m. The
Spanish Ministry for Foreign Affairs, however, did not inform the Audiencia
Nacional. At the same time the Home Office also sent a letter to the Crown

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