Al-Adsani v United Kingdom

(2001) 34 EHRR 11

Ratio Decidendi

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.

ข้อเท็จจริง

Al-Adsani alleged he was tortured in Kuwait. His civil claim in England was struck out on grounds of state immunity.

สรุปคำพิพากษา

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.

คำกล่าวสำคัญ

"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

การอ้างอิงภายหลัง

Applied

Cited in subsequent state immunity and access to justice cases.