판결 이유
The grant of state immunity in civil proceedings for acts of torture does not violate Article 6 ECHR (right to a fair trial). State immunity serves a legitimate aim and is proportionate.
사실관계
Al-Adsani alleged he was tortured in Kuwait. His civil claim in England was struck out on grounds of state immunity.
판결 요약
The ECtHR held (9-8) that state immunity did not violate Article 6. The restriction pursued a legitimate aim (compliance with international law) and was proportionate.
주요 인용문
"The grant of sovereign immunity cannot in principle be regarded as imposing a disproportionate restriction on the right of access to a court."
— The Court
후속 처리
Applied
Cited in subsequent state immunity and access to justice cases.