Speaking in Madrid, Spain's foreign minister, Abel Matutes, said: "The whole world agrees that Senator Pinochet must be judged."

"I agree with them that Senator Pinochet does not have immunity from prosecution and I, too, therefore would allow the appeal."

Senator Pinochet has spent quite long enough in this country.

"This reaffirms the constitutional guarantees of Senator Pinochet," Pablo Rodriguez, a defence lawyer, said.

The English High Court refused the application and Senator Pinochet was released and returned to Chile.

"I signed an Authority to Proceed in respect of Senator Pinochet today," he said.

Senator Pinochet was only able to be extradited to face charges that were not caught by the functional immunity (and also met the separate tests for extradition under English law).

It is our view that Senator Pinochet would not be mentally capable of meaningful participation in a trial.

Why on earth has it taken so long to compile this medical report when it has been known for months that Senator Pinochet is ill?

"Following recent deterioration in the state of Senator Pinochet's health ... he is at present unfit to stand trial and no change to that position can be expected," the doctors concluded.