The Pinochet Case

Facts: Pinochet was the Head of State of Chile for 17 years. During that period, it was alleged
that various crimes against humanity were being committed within the area, for which he was
knowingly responsible.

(Note: Senator Augsuto Pinochet Ugarte was president of the governing junta in Chile from 1973
to 1974, and was the Head of State of the Republic of Chile from 1974 to 1990. Thereafter, he
became a senator for life.)

In October 1998, Pinochet was in the UK receiving medical treatment. During his stay, the judicial
authorities in Spain issued international warrants for his arrest to enable his extradition to Spain
in order to face trial for such offenses. The Spanish Supreme Court alleged that the courts of
Spain had jurisdiction to try him. After his arrest, Senator Pinochet immediately applied to the
Queen's Bench Divisional Court to quash the warrants; the first one was successfully quashed for
non-conformity with the requirements of the 1989 Extradition Act, however, the quashing of the
second warrant was stayed to enable an appeal to be taken in order to properly interpret and
determine the scope of the immunity enjoyed by a former Head of State from arrest and
extradition proceedings in the UK with respect to acts committed while he was acting as such.

Issue: Whether or not Pinochet enjoyed any immunity as a past Head of State in respect of the
crimes against humanity for which his extradition was sought

Held: No. Section 20 of the 1978 State Immunity Act, read in conjunction with Article 39 of the
1961 Vienna Convention on Diplomatic Relations, provides that a former HEad of State enjoys
immunity from criminal proceedings in respect of acts performed in the course of exercising
public functions; however, the Court did not accept such arguments, representing the Kingdom
of Spain's interests, that such immunity is not available in face of serious international crimes
such as torture and hostage taking.