Regina v. Bartle, Bow Street Stipendiary Magistrate & Commissioner of Police, Ex Parte Pinochet
House of Lords
2 W.L.R. 827, 38 I.L.M. 581 (1999)
A Spanish judge sought the extradition of Augusto Pinochet (defendant), Chile's former head of state, based on charges that he had conspired to torture, take hostage, and kill people -- including Spanish citizens -- while in power. Pinochet was arrested in England and argued he was immune from arrest and extradition as a former head of state. After an earlier ruling was set aside because a judge had an undisclosed conflict of interest, the House of Lords reconsidered whether Pinochet could claim immunity and whether his alleged acts qualified as crimes under English law.
Whether a current or former head of state may claim immunity from prosecution for acts that have become universal crimes under international law.