Примеры использования Pinochet case на Английском языке и их переводы на Русский язык
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This was the interpretation followed in the Pinochet case 1996.
The judgment in the Pinochet case, having given an impetus to discussion on this issue, has not led to the establishment of homogeneous court practice.
A similar opinion was expressed by Lord Hope of Craighead in the Pinochet case.
The Scandinavian countries had been following the Pinochet case very closely, and some had suggested invoking article 6 of the Convention.
Chile has informed the Court of, and publicly announced,an intention to bring to the Court the Pinochet case against Spain.
Attention was also drawn to the Pinochet case which had emphasized the limits of immunity in respect of gross human rights violations by State officials.
The principles of sovereign equality of States andpar in parem non habet imperium were referred to as the rationale for the immunity of the Head of State in the Pinochet case.
In the Pinochet case, the question of immunity of a former Head of State from the criminal jurisdiction of the United Kingdom arose in connection with the consideration of Spain's request for his extradition.
Jacob Rees-Mogg, the MP for North East Somerset, has stated that it raises the"same question as it did with Lord Hoffmann andthe President of the Supreme Court'" in the Pinochet case.
The Pinochet case, in which the Convention against Torture had been the only international instrument invoked by the British House of Lords, illustrated the Committee's increasingly high profile.
Mr. DUMORÉ(Netherlands) said that in general the answer to Ms. Gaer's first question was affirmative, although the Pinochet case was not the same as the hypothetical case that she had raised.
For example, would Egypt consider that it was obliged to extradite orto institute proceedings if it found itself in a situation similar to that of Great Britain in connection with the Pinochet case?
The Special Rapporteur was encouraged to study further the status of former officials,notably in light of the Pinochet case and paragraph 61 of the Judgment of the International Court of Justice in the Arrest Warrant case. .
He understood the problems posed by the fact that Ugandawas a dualist State, but drew the delegation's attention to the precedent set by the United Kingdom in the Pinochet case.
In the context of article 5, she welcomed the provision by the delegation of a copy of the judgement in the Pinochet case and the clarification made in the report that the immunity enjoyed by a former head of State did not apply to criminal jurisdictions.
This effort to investigate and punish the perpetrators will be undertaken in the light of experiences in Argentina(Massera case), Peru(cases of Barrios Altos, La Cantuta and the Army Intelligence Service basements)and Chile Pinochet case.
The complainants stress that the Committee itself,when considering the third periodic report of the United Kingdom concerning the Pinochet case, recommended"initiating criminal proceedings in England, in the event that the decision is made not to extradite him.
Secondly, the Pinochet case has emphasized the limits of immunity in respect of gross human rights violations by State officials./ See:(United Kingdom) R v. Bow Street Metropolitan Stipendiary Magistrate: Ex Parte Pinochet Ugarte(No. 3)[1999] 2 WLR 827 HL.
The Court has carefully examined State practice, including national legislation and those few decisions of national higher courts,such as the House of Lords[in the Pinochet case] or the French Court of Cassation in the Gaddafi case. .
Within this particular context,a Guyanese Court could examine the ruling in the Pinochet case as pronounced by the British House of Lords for guidance with regards to the extradition of alleged offenders of torture to a State seeking extradition based on universal or passive nationality jurisdiction.
The link between the establishment of universal jurisdiction over an international crime andthe non-applicability of immunity ratione materiae in respect of that crime was expressly made, in the Pinochet case, by some of the Law Lords in relation to the regime introduced by the 1984 Torture Convention.
The view that the commission of serious crimes under international law could not be considered as acts falling within the definition of official duties of a Head of State generated some support in the Commission and references were made to the Bouterse case andopinions expressed in the Pinochet case.
In particular, these concern the national criminal prosecution of foreign officials who committed crimes during the Second World War, the Pinochet case, and cases against foreign officials in France, Italy, the Netherlands, Spain, Sweden, Senegal and the United States of America.
His delegation noted with interest the contents of the appendix, especially the two new developments, one concerning the amendment by the United States of its Foreign Sovereign Immunity Act through the Anti-Terrorism and Effective Death Penalty Act of 1996, andthe other concerning the Pinochet case in the United Kingdom.
In recent years, the Pinochet cases, the Arrest Warrant case and the Djibouti v. France case have drawn particular interest to this area of the law, as well as to the need to address any uncertainty relating to the immunity rules applicable particularly in respect of those in leadership positions who may be responsible for serious crimes.
Mr. RASMUSSEN said that the United Kingdom had been a pioneer in many areas relating to the Convention against Torture, such as lobbying actively worldwide for its ratification,becoming involved in the Pinochet case and, more recently, becoming the first State party to put foreign nationals on trial on charges relating to the torture of victims who were also foreign nationals.
In the wake of the Pinochet case, the Chadian Association for the Promotion and defence of Human Rights, with the assistance of Human Rights Watch- above all, Reed Brody- and the Dakar-based African Assembly for the Defence of Human Rights, carefully gathered evidence and in January 2000 filed a criminal complaint in Dakar where Hissène Habré resided since he was overthrown by Idris Deby in 1990.
The view that immunity, including the immunity of current State officials, does not exist in the case of the most serious crimes under international law was set out, for example,in the House of Lords in Great Britain during consideration of the Pinochet case and, in considerable detail, in the Belgian memorandum in the case concerning the arrest warrant before the International Court of Justice.
The Special Rapporteur should likewise consider the status of former State officials in the light of the Pinochet case and the judgment of the International Court of Justice in the Arrest Warrant case, and he should devise criteria based on the representative character and functional necessity theories, while bearing in mind the judgments of the Court in the Arrest Warrant case and the case concerning Certain Questions of Mutual Assistance in Criminal Matters.
Also, in its decision in the Jones case, the United Kingdom House of Lords granted immunity from civil jurisdiction in respect of acts of torture to the Kingdom of Saudi Arabia and some of its officials, on the basis,inter alia, that contrary to the situation in the Pinochet case, there was no applicable treaty removing immunity from civil jurisdiction in respect of acts of torture.