| By Maureen Johnson |
The 3-2 decision by a tribunal of the House of Lords came on Pinochet's 83rd birthday. It reversed a court ruling that Pinochet's arrest Oct. 16 was illegal because he had immunity under English law for actions taken as a foreign former head of state.
The general and his wife, Lucia, heard the news broadcast live on British television in his room at the Grovelands Priory, the north London hospital where he had remained under police guard awaiting news of his fate.
Crowds of demonstrators outside Parliament, many of them victims and relatives of people who disappeared during Pinochet's regime, whooped, cheered and waved flags and signs after hearing Wednesday's ruling.
"I think it's a victory over every murderer in the world," said George Madaraga, a former soldier in the Chilean army who had tears streaming down his face. "It's a human victory, not a political victory. Every torturer should be brought to justice."
"This is a great day of victory for Pinochet's thousands of victims," said Reed Brody of the New York-based group Human Rights Watch.
The Spanish government and Spanish and British prosecutors had appealed the Oct. 28 High Court judgment.
Spanish Prime Minister Jose Maria Aznar said his government, which had opposed the human rights probe that led to Pinochet's arrest, would respect the ruling in deference to "common sense" and "judicial independence."
A Chilean government report says 3,197 people were murdered or disappeared during Pinochet's 1973-90 rule after he overthrew Salvador Allende, an elected Marxist.
Pinochet now must appear before Bow Street Magistrates' Court in London on Dec. 2, the deadline by which Home Secretary Jack Straw must decide whether extradition proceedings can go ahead.
Pinochet's best hope is that Straw will block the Spanish extradition proceedings, which would mean that extradition requests lodged by Switzerland, France and other countries also would likely fall away.
If Straw gives the go-ahead, Pinochet faces a long battle through the British courts against extradition.
Key issues in the appeal were whether international law and custom including trials of Rwanda Hutus for genocide and war crimes, and Britain's 1988 adoption of a U.N. Convention on Torture override this country's sweeping State Immunity Act passed in 1978.
Prosecutors' lawyers argued that Pinochet's alleged crimes were beyond immunity.
Pinochet underwent back surgery Oct. 9 during a regular visit to Britain and was arrested in his bed at another hospital.
© 1998 Associated Press .