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 extradition crimes
consisted of three charges of vehicular homicide, three charges
Mr Jones was equally dismissive of the defence argument that many of the charges did not amount to extradition crimes
But the issues likely to feature in their argument include the question of whether any extradition crimes
survive from the original Spanish extradition request, following the Law Lords' decision.
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.