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Pinochet: Re: Augusto Pinochet Ugarte
Judgment, 28 Oct 1998, High Court of Justice (Queen’s Bench Division), Great Britain (UK)
On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.
In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings.
By the present decision, the High Court of Justice quashed the arrest warrant on the grounds that Pinochet enjoyed immunity from criminal proceedings under the 1978 State Immunity Act. However, the Court delayed the effect of the quashing until such time as the matter had been decided on appeal to the House of Lords.
Bin Laden et al.: United States of America v Usama Bin Laden et al.
Indictment, 4 Nov 1998, United States District Court, S.D. New York, United States
The 1998 United States Embassy bombings were a series of attacks that occurred on 7 August 1998, in which hundreds of people were killed in simultaneous truck bomb explosions at the embassies of the United States in the East African cities of Dar es Salaam and Nairobi. The date of the bombings marked the eighth anniversary of the arrival of American forces in Saudi Arabia.
Members of the al-Qaeda (terrorist group) were charged for planning and committing the bombing of the Embassies of the US in Nairobi, Kenya and Dar es Salaam, Tanzania. Usama bin Laden is the head of Al-Qaeda and as such was amongst the people charged. The charges included also conspiracy to murder of US nationals anywhere in the world, US military personnel in Somalia and the Saudi Arabia Peninsula, US nationals serving in the Embassies in Kenya and Tanzania, and the concealment of any such plans of Al-Qaeda.
Hass & Priebke: Public Prosecutor v. Karl Hass and Erich Priebke
Sentenza sul ricorso, 16 Nov 1998, Supreme Court of Cassation / Corte Suprema di Cassazione, Italy
Anaclet: Auditorat Militaire v. Adjudant Chef Rwahama Anaclet
Jugement de la Chambre Spécialisée du Conseil de Guerre de la République Rwandaise, 24 Nov 1998, Conseil de Guerre de la République Rwandaise, Chambre Spécialisée, Rwanda
Pinochet: Regina v. Bartle and the Commissioner of Police for the Metropolis and others ex parte PINOCHET / Regina v. Evans and another and the Commissioner of Police for the Metropolis and others ex parte PINOCHET
Opinions of the Lords of Appeal for Judgement in the Cause, 25 Nov 1998, House of Lords, Great Britain (UK)
On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.
In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings. By a decision of 25 November 1998, the House of Lords in a 3:2 majority held that Pinochet was not entitled to immunity from criminal proceedings and could therefore be extradited.
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