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Could Pinochet's lawyers block prosecution on humanitarian grounds, citing his ill-health or mental impairment?
Under Chilean law, even grave illness does not constitute legal grounds for the termination of legal proceedings. Only irreparable dementia or mental impairment may constitute such legal grounds. Judge Guzman is obliged by law to have Pinochet examined to establish whether he is mentally capable of facing trial, suffering from temporary disabling mental impairment (in which case the proceedings may be suspended), or irreparable dementia, in which case they would be terminated.
This examination is carried out by doctors attached to the state forensic service (Servicio Medico-Legal), which is independent of military control. If he requires permanent medical treatment, Pinochet could be admitted to Santiago's Military Hospital. Pinochet's British medical records do not have the same status in Chile as medical reports from an authorized forensic doctor, but probably would be considered relevant evidence by a Chilean court.
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