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| |  | | Augusto Pinochet Ugarte | | | context : | Chile  | | judgement place : | Great Britain | | status : | Other | | particulars : | Extradition sought from several States, including Spain, during his stay in Great Britain in 1998; Pinochet died on 10 December 2006. | | position : | General, President of Chili |
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| | | | In 1998 Pinochet travels to the United Kingdom to receive medical treatment. Spanish magistrates request his extradition in respect of alleged acts, among them torture, committed while Head of State and linked to the military overthrow of President Allende and the terrible political repression which followed.
Following the Spanish request of 16 October 1998 for Pinochet’s extradition in respect of various charges introduced against him in 1996 before the Spanish courts, a British Magistrate issues a provisional warrant to arrest him based on the 1989 Extradition Act. Pinochet is arrested in London on 17 October 1998.
On 28 October 1998, the High Court rules that Pinochet was unlawfully arrested on the grounds that as a former Head of State he was entitled to immunity.
On 25 November 1998, the House of Lords panel, Britain’s highest court, overturns the High Court’s judgement. It emphasises that a former Head of State may only benefit from immunity for acts carried out in the exercise of his office, which cannot include ‘international crimes’ such as torture or hostage-taking (‘Pinochet I’).
Following this judgement, France, Belgium and Switzerland also issue extradition request regarding Pinochet.
On 9 December 1998 Home Secretary Jack Straw grants permission to proceed with Pinochet’s extradition.
On 15 January 1999, the House of Lords sets aside its earlier decision of the 25 November 1998 upholding Pinochet’s claim contesting the impartiality of one of the judges (Lord Hoffman), based on his links with Amnesty International ("Pinochet II"). A new panel of 5 judges is set up to rule on the 28 October 1998 judgement of the High Court.
On 24 March 1999 the House of Lords confirms the legality of Pinochet's arrest but excludes 27 of the 30 charges in the Spanish warrant against Pinochet ("Pinochet III"). By 6 votes to 1 the House of Lords holds that Pinochet is not entitled to immunity in extradition proceedings with regards to charges of torture and conspiracy of torture where the alleged acts took place after the relevant States (Chile, Spain and the UK) had become parties to the 1984 Convention against Torture.
The Lords held that acts committed outside British territory could be prosecuted under national law only after the introduction of section 134 of the 1988 Criminal Justice Act. However, one of the judges, Lord Millet pointed out that torture was a crime recognised under customary international law and triggered the application of the principle of universal jurisdiction. Considering that customary international law is part of common law, the British courts had and always have extra-territorial criminal jurisdiction by virtue of universal jurisdiction on the basis of customary international law.
While 6 jugdes agreed that Pinochet had no immunity for crimes subject to the UN Torture Convention, a majority also ruled that, to satisfy the double criminality rule (which requires that the offence for which the extradition is sought be a crime under the laws of the State from which the extradition is sought as well), the crimes had to be recognised as such in the UK and in Spain at the time they were committed.
For 2 judges (Millet, Phillips) customary international law had progressed to the point that a former Head of State could not claim immunity for crimes against international law such as torture. For 4 judges (Browne-Wilkinson, Hope, Hutton, Saville), however, it was only the ratification by the different States of the UN Torture Convention which swept away the common law functional (ratione materiae) immunity enjoyed by a former Head of State for "official" acts. They considered the Convention to be inconsistent with the notion that States (or former Heads of State) can assert immunity for these acts.
On 15 April 1999 the Home Secretary issues fresh authorisation to proceed with the extradition request.
On 8 October 1999, as a result of Pinochet's extradition hearings the Metropolitan Magistrate holds that the crimes alleged against Pinochet constitute crimes both under British and Spanish law and thus permitting extradition.
On 11 January 2000, on the basis of the medical examinations into the state of Pinochet's health, carried out by 4 specialists, the Home Secretary concludes that Pinochet is unfit to stand trial.
On 15 February 2000 the High Court orders the release Pinochet’s medical report to Belgium, Spain, France and Switzerland. Although each country contests the findings of the medical report, none of them files judicial challenges.
On 2 March 2000 the Home Secretary rules that Pinochet will not be extradited to Spain. Pinochet returns to Chile.
Augusto Pinochet died on December 10, 2006. | |     click for more... | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | nationality : | | | Chile | | | date of birth : | | | 25.11.1915 | | | last time seen : | | | Santiago (Chili) | | | period of charges : | | | 11.09.1973 - 14.12.1990 | | | judgement period : | | | 16.10.1998 - 02.03.2000 | | | charges : | | | Forced disappearances
Torture | | | profile last modified : | | | 11.12.2006 |
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