Regina v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 1)

Abstract

Diplomatic relations — Privileges and immunities — Head of mission — Immunity of former head of mission — Vienna Convention on Diplomatic Relations, 1961, Article 39(2) — United Kingdom Diplomatic Privileges Act 1964

Extradition — Double criminality — Jurisdictional requirements — Whether conduct must be crime in the requested State at the date offence occurs or only at the date of request for extradition — Extraterritorial offences — United Kingdom Extradition Act 1989 — European Convention on Extradition, 1957 — Extradition on charges of torture and hostage-taking — Extradition of former Head of State — Immunity

Human rights — Enforcement — Criminal proceedings — Torture — Hostage-taking — Allegations against former Head of State — Whether former Head of State entitled to immunity before courts of other States — Extradition

International criminal law — International crimes — Torture — Convention against Torture, 1984 — Hostage-taking — International Convention against the Taking of Hostages, 1979 — Extradition proceedings — Former Head of State — Whether entitled to immunity before courts of other States

Jurisdiction — Passive personality principle — Jurisdiction on basis of nationality of victim not part of United Kingdom law — Extradition — Dual criminality rule

State immunity — Head of State immunity — Criminal proceedings — Immunity of former Head of State — United Kingdom State Immunity Act 1978, Section 20 — Vienna Convention on Diplomatic Relations, 1961 — Head of State entitled to same immunities as head of diplomatic mission — Immunity of former Head of State in respect of acts performed while Head of State — Immunity confined to acts performed in the exercise of the functions of Head of State — Whether immunity extending to criminal proceedings in respect of torture, hostage-taking and conspiracy to murder — The law of England