SANTIAGO Chile AP As a decision nears on whether Gen. Augusto Pinochet will return to Chile or face extradition to Spain controversy is brewing here on whether the former dictator could receive an effective trial at home. Pinochet who was arrested on Oct. 16 while visiting London faces charges in Spain of genocide terrorism and torture against Spanish nationals who lived in Chile during his brutal regime from 1973-90. The Chilean government has opposed his extradition insisting instead that the 83-year-old Pinochet can receive an impartial trial in Chile. Human rights activists and leftist politicians disagree. They argue the biggest hurdles to a Chilean trial are Pinochet's immunity as a senator for life and an amnesty law issued by his government. Because of his military status they say a case against him would probably wind up in the armed forces' courts where his influence remains considerable. However the Chilean government says Pinochet's crimes including the murder or disappearance of an estimated 3197 people occurred on its soil and therefore should be handled by Chile's own courts. Pinochet who was discharged Tuesday from a London psychiatric hospital remains under police custody. Britain's Home Secretary Jack Straw must decide by Dec. 11 whether to allow the him to return to his homeland or authorize his extradition to Spain. The Chilean government meanwhile continued to press its case that a Pinochet trial on its own soil is possible. Justice Minister Soledad Alvear said Tuesday that ``we have an independent judicial system capable of dealing'' with human rights trials. She pointed out that the top commanders of Pinochet's feared secret police Gen. Manuel Contreras and Brig. Pedro Espinoza are now serving prison terms in Chile for the 1976 assassination of former Chilean foreign minister Orlando Letelier in Washington. The minister said Pinochet's legislative immunity can be lifted if formal charges are filed against him. Senate President Andres Zaldivar agreed saying ``no one in Chile is above the law.'' Chief Justice Roberto Davila said ``nobody should have doubts'' of his country's ability to put him on trial calling a trial of Pinochet by a foreign court ``tantamount to trampling Chile's sovereignty.'' However three socialist congressmen disagreed. The legislators asserted in a letter sent to Secretary Straw that ``no real conditions exist in Chile to try Pinochet.'' Allowing Pinochet to return ``would guarantee him total impunity'' said the lawmakers Juan Bustos Fanny Pollarolo and Juan Pablo Letelier. Nine congressmen in President Eduardo Frei's Christian Democratic Party said they would only support Pinochet's return if they are assured his trial would be handled by civilian courts. And they insisted the civilian judges should be guaranteed ample collaboration by the military including permission to question officers and inspect barracks if necessary. But Juan Guzman the civilian judge handling those suits has admitted he may have to eventually transfer them to a military court. In Chile Pinochet faces 14 lawsuits filed by victims of his regime's repression their relatives and by organizations representing journalists nurses and school teachers who were killed. Jose Miguel Insulza Chile's foreign minister said on Tuesday in Madrid that his government ``is studying whether to join existing suits.'' APW19981201.0864.txt.body.html APW19981201.0639.txt.body.html