Former Head of Foreign State–Extradition–Immunity

Abstract

Senator Pinochet, former President of Chile, when undergoing medical treatment in London, was arrested on warrants issued by Metropolitan Stipendiary Magistrates. The authorities of Spain had sought his extradition to Spain to stand trial, principally, for his allegedly having authorised, when President of Chile, the torture in Chile of many persons, including Spanish citizens. Pinochet challenged the warrants by way of judicial review proceedings; the Divisional Court quashed them by certiorari on the ground that, as former head of State, he was immune from the jurisdiction of the English courts. The House of Lords allowed an appeal in part by a bare majority (Lords Nicholls and Steyn with whom Lord Hoffmann concurred, Lords Slynn and Lloyd dissenting: R. v. Bow Street Metropolitan Stipendiary Magistrate, ex p. Pinochet [1998] 2 W.L.R. 825, henceforth Pinochet (1)). That ruling was set aside “on the ground that the Committee was not properly constituted” (ex p. Pinochet (No. 2) [1999] 1 All E.R. 577); a rehearing of the appeal took place before a differently constituted Judicial Committee (ex p. Pinochet (No. 3) [1999] 2 W.L.R. 827). It, by a large majority (Lords Browne-Wilkinson, Hope, Hutton, Saville, Millett and Phillips, Lord Goff dissenting), also allowed the appeal in part.