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The BBC's James Reynolds reports
"The general's lawyers are also trying to get Judge Guzman removed"
 real 28k

Thursday, 4 January, 2001, 20:05 GMT
Pinochet refuses medical tests
Army Commander in Chief Lieutenant General Ricardo Izurieta welcomes Pinochet home
Pinochet was to be tested to see if he is fit to stand trial
Former Chilean military leader General Augusto Pinochet is refusing to comply with a judicial order to undergo medical tests at the weekend.

The tests are required under Chilean law to determine whether he is mentally fit to face trial on murder and kidnap charges.


Judge Guzman has committed a number of irregular acts - a change is now clearly necessary

Pinochet lawyer Jose Eyzaguirre
The general's lawyers are expected to file an appeal in the hope of stopping the tests and blocking a subsequent interrogation by the investigating judge, Juan Guzman.

Lawyers seeking the general's prosecution have warned that if he does not turn up for the tests set for Sunday, the judge will be entitled to arrest the general for contempt of court.

General Pinochet's team, however, says it is unreasonable to subject a sick 85-year-old man to exhausting medical tests and questioning.

They accuse Judge Guzman of not having followed court rulings regarding the tests and are calling for him to be dismissed from the case.

"Judge Guzman has committed a number of irregular acts and although we have been very patient, a change is now clearly necessary," lawyer Jose Eyzaguirre said.

Failing health

General Pinochet, 85, faces kidnapping and murder charges relating to the notorious "Caravan of Death" that toured Chile shortly after the 1973 military coup in which he took power.

Anti-Pinochet demonstrator
Anti-Pinochet protesters demonstrate outside the presidential palace
The general's son, Marco Antonio, said his father took the decision not to comply with the court ruling on Wednesday night after meeting his lawyers.

"My father is not able to undergo the medical examinations," he said, referring to the former dictator's failing health.

Judge Guzman ordered the interrogation and psychological examination after the Supreme Court ruled last month to block General Pinochet's arrest.

'Harassment'

The court held that the general should be tested before being arrested to determine if he is able to stand trial.

The former military ruler was recently stripped of his congressional immunity from prosecution.

He returned to Chile in March of last year after being detained in London since 1998 awaiting a UK decision on whether he should be extradited to Spain.

On that occasion UK Home Secretary Jack Straw said that General Pinochet was not fit to stand trial.

He is reported to suffer from diabetes and arthritis, has a pacemaker and suffered three mild strokes while in the UK.

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See also:

26 Dec 00 | Americas
Court delays Pinochet questioning
20 Dec 00 | Americas
Court reprieve for Pinochet
01 Dec 00 | Americas
Pinochet charged with kidnapping
02 Nov 00 | Americas
Court orders more tests for Pinochet
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