ABSTRACT

Key Facts An extradition warrant was issued from Spain for General Pinochet, the former President of Chile. It alleged his complicity in crimes of murder, torture and conspiracy to murder which occurred in Chile while he was President. The English courts had to decide whether General Pinochet could rely on immunity as head of state at the time of the alleged crimes.

The House of Lords, on a three to two majority, rejected his right to claim immunity. Lord Hoffman was one of the majority but did not give reasons for his decision. Following the ruling, it was realised that Lord Hoffman was an unpaid director of the charitable trust run by Amnesty International. This was important because Amnesty had been granted leave to intervene in the proceedings and had made submissions to the Lords supporting the extradition.