Clinical confidentiality in the extradition proceedings relating to Senator Pinochet

The extradition proceedings relating to Senator Pinochet were ultimately resolved by the decision of the Secretary of State on the basis of medical evidence as to the Senator's competence to participate in a criminal trial. In considering the decision-making of the Secretary of State the court considered whether a confidential medical report, which dealt with matters of fact and opinion, could be disclosed to interested parties. The interests of justice in a significant, novel and complex case over-rode Senator Pinochet's expectations of confidentiality and his right to respect for private life under Article 8(1) of the European Convention on Human Rights (ECHR).