The Weekly Law Reports
[1999] 2 WLR 827
[HOUSE OF LORDS]
REGINA v. BOW STREET METROPOLITAN STIPENDIARY MAGISTRATE and Others, Ex parte PINOCHET UGARTE (No. 3)
1999 Jan. 18,
19,
20,
21,
25,
26,
27,
28;
Feb. 1, 2, 3, 4;
March 24
Feb. 1, 2, 3, 4;
March 24
Lord Browne Wilkinson, Lord Goff of Chieveley, Lord Hope of Craighead, Lord Hutton, Lord Saville of Newdigate, Lord Millett and Lord Phillips of Worth Matravers
Extradition
— Extradition crime
— Double criminality
— Torture committed outside jurisdiction of both requesting state and England
— Alleged offences committed before extraterritorial torture punishable in England
— Extradition request made after offence made punishable under English law
— Whether relevant time for consideration of criminality date of offence or date of request
— Whether offence extraditable
—
Extradition Act 1989 (c. 33), s. 2
International Law
— State immunity
— Former head of state
— Request for extradition in respect of crimes of torture and conspiracy to torture relating to period when applicant head of state
— Whether immunity in respect of acts performed in exercise of functions as head of state
— Whether governmental acts of torture attributable to functions of head of state
— Whether former head of state entitled to immunity ratione materiae in relation to acts of torture
—
Diplomatic Privileges Act 1964 (c. 81), s. 2(1), Sch. 1, arts. 29, 31, 39
—
State Immunity Act 1978 (c. 33), s. 20(1)
—
Criminal Justice Act 1988 (c. 33), s. 134(1)