면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
International Law
European Court of Human Rights
2001

Al-Adsani v United Kingdom

(2001) 34 EHRR 11

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.