It then went on to consider the question of whether, in relation to the extradition crimes, Senator Pinochet enjoyed state immunity from extradition.
It could not be realistically suggested that the extradition crimes which did not relate to torture under the Convention did not attract immunity ratione materiae, and so their Lordships held that it would be legal to extradite Senator Pinochet only in respect of torture crimes committed before 8 December 1988.
The first important decision of the House was that in deciding whether a crime is an extradition crime, one has to ask whether it would have satisfied the double criminality rule under the laws of the two relevant countries at the time it is alleged to have been committed.
Lord Browne-Wilkinson said the majority considered that Pinochet could be extradited, but "only for the extradition crimes
of torture and conspiracy to torture alleged to have been committed after December 8, 1988" - when the Convention became binding on Spain, the UK and Chile.