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R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet
''R v Bow Street Metropolitan Stipendiary Magistrate, Ex Parte Pinochet Ugarte'' 3 WLR 1,456 (H.L. 1998) also known as ''Pinochet I'' or the Pinochet case was a controversial House of Lords judgment on whether former Chilean dictator Augusto Pinochet could claim state immunity from torture allegations made by a Spanish Court and therefore evade extradition to Spain. The case is significant in a number of areas including international criminal law, human rights law and the relationship between international law and domestic law.〔Byers, Michael, The Law and Politics of the Pinochet Case, 10 Duke J. of Comp. & Int'l L. p 416〕 The ruling is also significant as the House of Lords later took the unprecedented decision to overturn the judgment because of the possibility of bias in one of its judges.
==Background==
Pinochet was accused by a Spanish judge of torture, a crime under international law which can be prosecuted in any country under the doctrine of universal jurisdiction. The Spanish judge faxed an INTERPOL arrest warrant to London and Pinochet was arrested later that evening. Pinochet's lawyers argued that as Pinochet was head of state at the time of the alleged crimes he was immune from the jurisdiction of British courts. The Divisional Court ruled Pinochet had state immunity.
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