Todos los casos
International Law
European Court of Human Rights
2001
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.
Hechos
Al-Adsani alleged he was tortured in Kuwait. His civil claim in England was struck out on grounds of state immunity.
Resumen de la sentencia
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.
Citas clave
"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
Tratamiento posterior
Applied
Cited in subsequent state immunity and access to justice cases.