Robin Oakley: "Home Secretary Jack Straw will have the final say"

Judge Baltazar Garzon is preparing documents to have General Pinochet extradited to Spain from Britain, where he is being detained in hospital.

He wants General Pinochet to stand trial for alleged genocide and torture during his 17-year dictatorship in Chile from 1973-90..

The judge said he wanted to ensure that General Pinochet would pay any fines or damages if he is eventually tried in Spain.

'No compromise'

Meanwhile, the president of the European Commission, Jacques Santer, has voiced strong support for the extradition, saying there could be no compromise in such cases.

"It is necessary to show to international public opinion that crimes cannot go unpunished, wherever they are committed," he said.

On Friday the chief prosecutor for the Spanish High Court, Eduardo Fungairino, gave written notice that he would oppose the extradition request when it is considered by the Spanish judicial authorities next week.

President Frei: Pinochet too old to be tried

The state prosecutor said that Spain had no jurisdiction to try the former dictator. Mr Pinochet, he said, was protected by diplomatic immunity and by his status as a senator for life in Chile.

However those filing civil suits say that crimes of genocide and crimes against humanity are subject to international law and therefore Spain has the right to try Mr Pinochet.

'Humanitarian' appeal

The Chilean president, Eduardo Frei, also protested to the British government over the arrest, saying Spanish investigating judge Baltasar Garzon was meddling in Chile's internal affairs.

Citing reports that Mr Pinochet was suffering from depression and deteriorating health, Mr Frei said he was urging the British government to release the general on humanitarian grounds.

On Friday the Spanish newspaper El Mundo reported that Mr Pinochet is not fully aware of the case against him.

The paper quoted his wife as saying his family and aides had been shielding him from the details for fear "he would have an attack of rage and die".

Demonstrators remember Chile's 'disappeared'

On Thursday former British Prime Minister Margaret Thatcher joined the growing diplomatic row over Mr Pinochet saying he should be released as he had been "a good friend" to Britain during the 1982 Falklands War.