People responsible for the human rights violation could hence not be prosecuted with the state law. (In the International law debates the issue of incompatibility of the Chilean 1978 Amnesty Law has been brought up often). The constitutional parliamentary impunity that was granted for Pinochet meant that the National Government would not be able to execute its right to persecute the human rights violator. Now the universal jurisdiction principles, paragraph 4, 6 and 10 of the preamble clearly affirms that the prosecution of crimes against humanity must take place with national level measures and international cooperation and that every state would have the right to do this and national law and international law would complement one another in order to achieve this prosecution. However, in this case such a complementary stance cannot be achieved and furthermore the state law cannot work against the constitution which is shown to have given the impunity to the General. Pinochet was instrumental in drafting a certain provision in the Chilean constitution which includes a system of Senators for life.
He was a senator for life and hence could not be prosecuted. Parliamentarians who are senators for life will have complete immunity. It was given this background context that General Pinochet was arrested when he was visiting the United Kingdom. The Spanish Government had issued a provisional arrest warrant for the General Pinochet. The Spanish court issues the warrant alleging that he was to respond to the court for the murder of citizens of Spain in his country. These killings happened during his 17-year reign of Chile. Similar to the Spanish court, other nations (such as Belgium, Italy, Luxembourg, USA and more were involved) had also filed for arrests and the Spanish court also requested that an extradition be instituted. Now under English law, former head of countries is allowed immunity. Immunity from criminal proceedings in the UK would be allowed given that the person was a sovereign representative of the country.