Undesired side effects on a patient subjected to simultaneous treatment with drugs that might cause hypotension and effects on mental state, either individually or simultaneously, offer an explanation that should not simply be ignored. He remained with the Quito mission for four-and-a-half years, during which time he studied geopoliticsmilitary geography and military intelligence.
On September 9,he was walking in the garden and developed sudden headache and imbalance. The following year he returned to his studies in the Academy, and after obtaining the title of Officer Chief of Staff, inhe returned to teach at the Military School.
There is adequate provision in Spanish law for ascertaining the mental capacity of an accused person and for the proceedings to be suspended where the accused is suffering from a mental condition which renders them unfit to be tried.
None of the offences alleged in the extradition requests of France are alleged to have been committed after that date. Under 7 4 of the Extradition Actthe Secretary of State is required to refuse an Authority to Proceed if an order for the extradition of Senator Pinochet could not lawfully be made or would not in fact be made in accordance with the provisions of the Act.
We are satisfied that the impediments we have identified are due to brain damage, as they are coherent in nature and consistent in manifestation and formal neuropsychological testing showed none of the features of deliberate exaggeration of impairment.
Good rapport and cooperative. Certainly, there is no anatomical evidence of progression if the imaging studies of this patient are considered.
On 8 OctoberSenator Pinochet was committed by the Bow Street Magistrate on all charges covered by the Authority, to await the decision of the Secretary of State as to whether he should be extradited to Spain.
Last week the full text was made available to MPs, one of whom passed it to The Observer. Maria Wykea consultant neuropsychologist, was also brought in.
The charges were, of course, still extremely serious. To be precise, those neuropsychological tests indicative of original intelligence and of level of education like the WAIS vocabulary scale indicate above-average ability.
The reader is invited to consider the defective foundations of the so-called "extensive brain damage". According to the later Valech Report approximately 31, were tortured and 1, exiled.
Of the 70, letters and e-mails from the public which I have received from all over the world, and many letters from Members of Parliament and organisations, almost all have urged me to allow the extradition proceedings to take their course, so that the allegations made against Senator Pinochet could be tried.
Wyke, Devonshire Hospital, London. He is aware that in Spanish law the effect of a finding that an accused is unfit to stand trial is to suspend a prosecution for as long as that state of affairs subsists, but it is not tantamount to an acquittal.
Statement to the House of Commons, 12 January Tax fraud and foreign bank accounts[ edit ] The U. Her findings convinced the team that, if Pinochet were extradited to Spain, they would be putting on trial an old man who would be unable to understand what was happening or to remember the offences he was accused of committing.
So far as the Secretary of State has attached weight to them, he is satisfied that they are appropriate. I indicated to the divisional court that although I would have preferred to disclose the medical report to the requesting states, I considered myself bound by the undertakings that I had given, subject to any overriding public interest.
As I have already made clear, this case is unprecedented. This has been an unprecedented case. They confirm that he does not propose to comply. This is not a crude rebuttal—it is a sound and logical reply supported by clinical evidence. On 23 Novemberjudge Carlos Cerda charged Pinochet for fiscal fraud and ordered his arrest.
He now walks with a stick. The only evidence mentioned is the presence of signs of calcification in that vessel, as shown in a CT scan.
His instructions to the clinicians drew attention to the point and he is satisfied that they have been conscious of it throughout. The exiles were chased all over the world by the intelligence agencies.
The fact that the patient showed an intelligence quotient within the normal range is indicative of his mental ability to stand trial, rather than the opposite.
Although some day to day fluctuation in functional abilities is characteristic of brain damage due to cerebrovascular disease we consider further sustained functional improvement of a significant degree unlikely.
While there, he was appointed professor of the Chilean War Academy, and returned to Santiago to take up his new position. The test of fitness to stand trial in Spain depends mainly on whether the accused is capable of understanding and following the charges against him, answering questions put to him, understanding the oral and documentary evidence for the defence and the prosecution, defending himself and instructing his lawyers.
I considered the matter afresh in the light of all the material.
There is also conflicting evidence about his ability to understand instructions. Operation Condor and Indictment and arrest of Augusto Pinochet He shut down parliament, suffocated political life, banned trade unions, and made Chile his sultanate.
He has reminded himself that the burden of proof at any trial would be on the prosecution.The author assumes that this publication has accurately reproduced the reports and letters of the specialists Sir John Grimley-Evans, Dr. J. Denham, Prof. Andrew Lees and the neuropsychologist Dr.
Maria A. Wyke, concerning their examination of Senator Pinochet on 5 January at Northwick Park Hospital. Did the dictator dupe us?
Andy McSmith reveals details of the medical tests that let the 'ailing' Pinochet return to Santiago, from where Jonathan Franklin reports on jubilation, and anger, at his. Pinochet was born in Valparaíso, the son of Augusto Pinochet Vera, a descendant of an 18th-century French Breton immigrant from Lamballe, and Avelina Ugarte Martínez, a woman whose family had been in Chile since the Battles/wars: Chilean coup d'état.
Senator Pinochet consented to undergo an examination, and the Secretary of State then selected, with the assistance of the Chief Medical Officer's advice, a team of clinicians to carry it out, having the required range of specialisations and no inappropriate personal interest in the case.
Their medical examination of the senator took place on 5 January this year. My officials received the team's report late on 6 January.
My officials received the team's report late on 6 January. I considered it with advice over last weekend. he could not release the medical report because Senator Pinochet would not consent, and a further medical examination was not necessary - the panel that had examined Senator Pinochet was suitably qualified and had used appropriate criteria.Download