THAT former Chilean dictator General Augusto Pinochet departs from Britain a free man, and may never face a court on charges of murder and torture during his 17-year rule, is a bitter pill for all believers in justice to swallow.

But angered campaigners for human rights, who wanted Home Secretary Jack Straw to uphold Pinochet's extradition to Spain for trial, have also to accept that even those accused of such horrendous crimes also have rights that they must be allowed.

In this case, what Mr Straw has upheld is that principle - and not the absolving of the 84-year-old general of any guilt, nor a declaration of his innocence.

In the light of conclusive, independent medical evidence that General Pinochet was mentally unfit to understand and take part in a trial after a series of strokes had left him with extensive brain damage, all that the Home Secretary has done is all that he could do - both in law and humane principle.

It is a verdict that would apply to any accused person in a similar state of health and it is one that has been reached many times before in our legal system. The enormity of the charges against General Pinochet make no difference, nor did they allow Mr Straw any other scope.

But if some still believe that British justice has let go an alleged mass murderer, they overlook the fact that - even though it was thrust into this affair only as a third party when Spain sought to extradite the general after his arrival for surgery at a London clinic 16 months ago - Britain did agree the principle that he ought to have been extradited.

The general's lack of immunity was upheld by our Law Lords and Mr Straw actually gave authority for extradition to proceed before the issue of the man's fitness to stand trial arose.

Whether or not justice has been done in this case or ever will be, the integrity of British justice and of the Home Secretary cannot be doubted, no matter how many find the outcome unjust.

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