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''R (Pinochet Ugarte) v Bow St Metropolitan Stipendiary Magistrate'' 0001 AC 61,119
an

is a set of three
UK constitutional law The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
judgments by the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
that examined whether former Chilean dictator
Augusto Pinochet Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean Captain general#Chile, general who ruled Military dictatorship of Chile (1973–1990), Chile from 1973 to 1990, first as the leader of the Gover ...
was entitled to claim
state immunity The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts. The rules devel ...
from
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts car ...
allegations made by a Spanish court and therefore avoid extradition to
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
. They have proven to be of landmark significance in international criminal law and human rights law. In the first judgment, a panel of five judges ruled that Pinochet, as a former head of state, was not entitled to immunity from prosecution for the crimes of torture and could therefore be extradited to Spain to face charges. However, in a subsequent judgment that was to prove controversial, the ruling was set aside (''R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2)'' (''Pinochet II'') following revelations that one of the Law Lords had links to one of the intervenors in the case,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and s ...
, thereby creating an appearance of bias. A new panel of judges (''R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 3)'' (''Pinochet III'')) subsequently affirmed that Pinochet was not entitled to state immunity but that acts committed outside of British territories could only be prosecuted under national law if committed after the passage of section 134 of the
Criminal Justice Act 1988 The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act granted the Attorney General the power to refer sentences for c ...
(which gave UK courts
universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
over crimes of torture).


Facts

Pinochet had been accused by Spanish judge
Baltazar Garzon Balthazar, or variant spellings, may refer to: Arts, entertainment and media * ''Balthazar'' (novel), by Lawrence Durrell, 1958 * ''Balthasar'', an 1889 book by Anatole France * '' Professor Balthazar'', a Croatian animated TV series, 1967-1978 ...
of torture, a crime under international law that can be prosecuted in any country under the doctrine of
universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
. While on a visit to London for a medical treatment, Pinochet was arrested by British authorities following the issuance of an arrest warrant via
Interpol The International Criminal Police Organization (ICPO; french: link=no, Organisation internationale de police criminelle), commonly known as Interpol ( , ), is an international organization that facilitates worldwide police cooperation and cr ...
by the Spanish judge. Pinochet's lawyers argued before a High Court panel presided by
Lord Bingham Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of ...
that since Pinochet was head of state at the time of the alleged crimes, he was immune from the jurisdiction of British courts. The panel disagreed, ruling that Pinochet did not enjoy immunity from prosecution.


Judgment


Pinochet (No 1)

By a 3–2 majority, Lord Nicholls,
Lord Hoffmann Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break w ...
and
Lord Steyn Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stell ...
ruled that Pinochet did not enjoy state immunity. Notable passages of the judgment include the following: Lord Slynn and
Lord Lloyd Anthony John Leslie Lloyd, Baron Lloyd of Berwick, (called Tony; born 9 May 1929) is a retired British judge, and a former member of the House of Lords. Early life and education Lloyd was born on 9 May 1929, the son of Edward John Boydell Llo ...
dissented.


Pinochet (No 2)

In ''R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2)'', a new panel of judges, composed of
Lord Browne-Wilkinson Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. ...
, Lord Goff, Lord Hope, Lord Hutton, Lord Saville,
Lord Millett Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004. Biography Early life The son of Denis and Adele Millett, he was educated at Ha ...
and Lord Phillips, set aside the first judgment on the grounds that an appearance of
bias Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group ...
had been created, following revelations that one of the judges,
Lord Hoffmann Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break w ...
, had failed to disclose personal ties to
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and s ...
, an intervenor in the case against Pinochet.


Pinochet (No 3)

In ''R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 3)'', the House ruled that Pinochet did not enjoy immunity from prosecution for torture, but only as it applied after 8 December 1988, when section 134 of the
Criminal Justice Act 1988 The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act granted the Attorney General the power to refer sentences for c ...
, giving UK courts
universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
over crimes of torture, came into effect, Pinochet could not be tried as it would constitute a retroactive law.


See also

*
UK constitutional law The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
* Augusto Pinochet's arrest and trial


Notes


References

*Byers, Michael, The Law and Politics of the Pinochet Case, 10 Duke J. of Comp. & Int'l L. 415


External links


American Diplomacy



Legal Overview of Pinochet Case
{{conflict of interest 1998 in case law 1998 in British law 1999 in case law 1999 in British law Amnesty International Bias Conflict of interest mitigation Extradition case law House of Lords cases Indictment and arrest of Augusto Pinochet Sovereign immunity United Kingdom administrative case law United Kingdom constitutional case law