The battle over the future of Gen. Augusto Pinochet took a new twist yesterday as Belgium began legal action against the British Home Secretary, Mr Jack Straw, in the International Court of Justice in The Hague.
Challenges to Mr Straw's proposal to allow the 84-year-old general to escape extradition to Spain on health grounds were also lodged in the High Court in London.
Lawyers acting for Belgium and six human rights groups will go before the court tomorrow seeking leave for a judicial review of Mr Straw's decision that Pinochet is unfit to stand trial and should return to Chile.
The aim of the action at the International Court of Justice is to seek an emergency measure to stop the former Chilean dictator leaving Britain before matters are resolved by the English courts.
Belgium is also bringing a case, arguing the Home Secretary has breached international co-operation agreements by failing to allow access to medical reports on Pinochet's health, or allow independent medical examinations of the general.
Mr Richard Stein, of Leigh Day & Co, the lawyer acting for the Belgian government, said it was hoped there would be a hearing by the court within days.
The High Court hearing, seeking leave for judicial review, will take place before Mr Justice Maurice Kay in the morning. If given the go-ahead, a full hearing is expected next week.
Belgium has become embroiled in the proceedings because it was one of three countries, along with France and Switzerland, which filed extradition requests following the Spanish request in October 1998 for Gen. Pinochet to be sent there to face trial for human rights abuses during his 17-year rule.
The move is based on accusations by Chileans living in Belgium that Gen. Pinochet was behind the killing and jailing of their relatives.
Mr Michael Malherbe, spokesman for the Belgian Foreign Office, said the action was prompted by the Home Office's failure to reply to requests for access to the medical files and a new medical examination of the general, who remains under house arrest on the Wentworth Estate in Surrey.
Belgium's dramatic decision to take its case to the International Court of Justice came on the eve of a fresh High Court challenge in London to Mr Jack Straw's decision to allow General Pinochet to return to Chile on medical grounds.
While Mr Straw is "minded" to send Gen. Pinochet back to Chile he has said he will make no final decision until judicial proceedings have been completed.
Responding to the Belgian move in The Hague, the Home Office said: "We take our international obligations very seriously, but the Home Secretary must comply with UK law and rulings in the UK courts."
A spokesman for Amnesty International welcomed the Belgian move to ensure Mr Straw followed "a fair and open process in deciding on the general's health".
Campaigners have been submitting evidence of crimes of torture committed by Gen. Pinochet to Scotland Yard in London, in an attempt to persuade the police to start an investigation.