A provisional warrant had been issued by a magistrate for the arrest of the former president of Chile when visting London. The arrest had been in response to an extradition request from a judge in Spain and related to allegations of criminal acts by the appellant during his time as head of state against spanish nationals living in Chile.
Held: ‘Extradition is the formal name given to a process whereby one sovereign state, ‘the requesting state’, asks another sovereign state, ‘the requested state’, to return to the requesting state someone present in the requested state, ‘the subject of the request’, in order that the subject of the request may be brought to trial on criminal charges in the requesting state. ‘ A former head of state had immunity from arrest and extradition in respect of allegations of misconduct whilst head of state. One country had no jurisdiction over the head of state of another. An international court only might have such power.
Judges:
Lord Bingham of Cornhill LCJ, Collins J, Richards J
Citations:
Times 03-Nov-1998, [1998] EWHC Admin 1013, [1998] EWHC Admin 1022, [1998] EWHC Admin 1021
Links:
Statutes:
European Convention on Extradition Order 1990 (1990/1507) Art 12, Extradition Act 1989 1(1)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn QBD 1979
The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he . .
Cited – Regina v Madan CCA 1961
The defendant, a clerk on the staff of the High Commissioner for India, was entitled to diplomatic immunity. He purported to waive his immunity when charged with attempting to obtain a sum of money by false pretences. He was convicted at the County . .
Cited – Al-Adsani v Government of Kuwait and Others (No 2) CA 29-Mar-1996
The claimant alleged that he had suffered torture in a security prison in Kuwait, and he obtained leave to serve out of the jurisdiction on the Government of Kuwait, and on three individuals, one of whom at least was served, on the ground that he . .
Cited by:
Appealed from – Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1) HL 22-Nov-1998
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution.
Lists of cited by and citing cases may be incomplete.
Extradition, Constitutional, Prisons
Updated: 27 May 2022; Ref: scu.139134
