European Court Upholds UK House of Lords’ Decision on State Immunity in Cases Involving Torture

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Tuesday, April 1, 2014
Author: 
Michael Plachta
Volume: 
30
Issue: 
4
Abstract: 

On January 14, 2014, the European Court of Human Rights (the Court), Fourth Chamber, handed down its judgment in the long awaited case of Jones and others v. United Kingdom (application no. 34356/06 & 40528/06). The case concerned the UK House of Lord’s decision ([2006] UKHL 26) to accord state immunity in civil proceedings brought in the UK, against Saudi Arabia and Saudi Arabian officials, by British nationals who alleged they had been tortured in Saudi Arabia. The European Court of Human Rights upheld by six votes to one that decision of the House of Lords. The Court held that there had been no violation of Article 6 § 1 (right of access to court) of the European Convention on Human Rights either as concerned Jones’ claim against the Kingdom of Saudi Arabia or as concerned all four applicants’ claims against named Saudi Arabian officials.