ENGLISH LEGAL SYSTEM

English Legal System

English Legal System

PART A

1. Case Note: R v Bow Street Metropolitan Stipendiary Magistrate and Others [1999] 2 WLR 272 (Word Count 811)

Introduction

This case is also known as Pinochet case seeing as this case deals with the controversy in the judgment for the state immunity claim by Chilean President Augusto Pinochet. This case deals with the detrimental torture allegations and involves various national and international case laws to decide the matter on the basis of allegations by Spanish court (Nash, 2007, p.417-435). Augusto Pinochet attended hearing for the charges of torture and conspiracy before Bow Street Metropolitan Stipendiary Magistrate in September 1999. President Augusto Pinochet filed application for the biases involved in the decision for Lord Hoffmann's links with Amnesty International.

Background

Augusto Pinochet was the commander in chief of the Chilean Army and by overthrowing the government of Allende by force, he then became president. During his rule there were various cases of inhuman torture with the prisoners and different illegal cases. There were thousands of people killed with mental and physical torture, including women and children. There were a number of other cases against him, but no arrest or charge was made. It was in the 1990s when he visited Britain many times and different attempts were made for his prosecution on behalf of his victims and their families. In 1998 he was set for trial under section 134 of the Criminal Justice Act 1998 for the offence of torture, but he again escaped the legal proceedings and nothing was decided against him (Nash, 2007, p.417-435).

Finally, victims and other national and international organizations for human rights then seeked for the private prosecution and under the jurisdiction of the National Court of Madrid, On the 16th October 1998 Nicholas Evans, Metropolitan Stipendiary Magistrate issued an international arrest warrant for the charge of murder of Spanish citizens in Chile. The prosecution was on the basis of the Extradition Act 1989, Criminal Justice Act 1988 as well as the State Immunity Act 1978 (Webber, 1999, p.523-537). Augusto Pinochet filed application to cancel the case on the basis of immunity as head of the state, jurisdiction of trial and biases involved in the decision by House of Lords. Due to these fact, this case was later ordered for the fresh trial in 1999.

Issues

Major issue for this case was the jurisdiction and extradition of the case and the biases involved on the grounds of Hoffman's relation with Amnesty International. Another common issue was the immunity for many cases. There was also a matter that most of these charges were during the time of Augusto Pinochet's rule in Chile.

Facts

This case was filed by Bow Street Metropolitan Stipendiary Magistrate, alongside various victims and human rights organizations against Augusto Pinochet. He was arrested in the United Kingdom under the international arrest warrant issued by the National Court of Madrid, on the 16th of October 1998 Nicholas Evans, Metropolitan Stipendiary Magistrate (Webber, 1999, p.523-537). The trial was subjected to the international ...