The human rights limitation to diplomatic immunity : the Pinochet appeals under focus

Abstract

Honourable Chief Justice, Distinguished Justices, Mr. Chairman, Ladies and Gentlemen. First I would like to express my thanks to the Law Society for inviting me to Malta. The two House of Lords Appeals to be discussed are reported as follows: First: [1998] 3 WLR 1456 Second: [1999] 2 WLR 827 By way of introduction the facts must be outlined. In the Second Appeal they were presented as follows by the presiding Law Lord: On 11 September 1973 a right-wing coup evicted the leftwing regime of President Allende. The coup was led by a military junta, of whom Senator ( then General) Pinochet was the leader. At some stage he became head of state. The Pinochet regime remained in power until 11 March 1990 when Senator Pinochet resigned. There is no real dispute that during the period of the Senator Pinochet regime appalling acts of barbarism were committed in Chile and elsewhere in the world: torture, murder and the unexplained disappearance of individuals on a large scale. Although it is not alleged that Senator Pinochet himself committed any of those acts, it is alleged that they were done in pursuance of a conspiracy to which he was a party, at his instigation and with his knowledge. He denies these allegations. None of the conduct alleged was committed by or against citizens of the United Kingdom or in the United Kingdom.