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What happens if a country suspects a national of another country of being involved in the murder of one of its officials? In many cases, the former country will request an extradition of the suspect. But what happens if the latter country refuses?

In this case, the United States Drug Enforcement Agency, having lost one of its own at the hands of a Mexican drug cartel, took matters in its own hands and forcibly abducted one of the suspects, Humberto Alvarez—Machain. In the United States, he was indicted for participation in kidnapping and murder. The District Court established that the forcible abduction stood in the way of Alvarez-Machain’s trial in the United States. The Court of Appeals, relying on previous case law, agreed. It established that forcible abduction violated the extradition treaty between the US and Mexico. According to the Court of Appeals, this conclusion was substantiated by official Mexican protests against the abduction.

What happens if a country suspects a national of another country of being involved in the murder of one of its officials? In many cases, the former country will request an extradition of the suspect. But what happens if the latter country refuses?

In this case, the United States Drug Enforcement Agency, having lost one of its own at the hands of a Mexican drug cartel, took matters in its own hands and forcibly abducted one of the suspects, Humberto Alvarez—Machain. In the United States, he was indicted for participation in kidnap and murder. Both the District Court and the Court of Appeal established that the forcible abduction stood in the way of Alvarez-Machain’s trial in the United States. The Supreme Court disagreed, stating that while crossing another state’s border to abduct someone might constitute a violation of international law, it was not a violation of the extradition treaty. Relying on previous case law, the Supreme Court established that Alvarez-Machain’s forcible abduction did not prohibit his trial in a United States court.

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. 

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.

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.

The present decision of 24 March 1999 by the House of Lords held that Pinochet is not entitled to immunity in respect of charges of torture and conspiracy to commit torture where such conduct was committed after 8 December 1988, the date upon which the 1984 Torture Convention entered into force in the UK. This temporal qualification significantly limited the charges for which Pinochet can be extradited to Spain as the majority of the conduct alleged was either not an extraditable offence or was committed prior to this date. Under English law, it was now for the Home Secretary, then Jack Straw, to decide whether or not to issue an authority to proceed with extradition.