Bouzari and Others v. Islamic Republic of Iran

Abstract

Human rights — Freedom from torture — Nature of prohibition of torture — Whether a rule of jus cogens — Consequences — Remedies for torture — Whether State entitled to claim State immunity when sued for torture — Whether other States required to provide remedy for acts of torture committed outside their territory — Convention against Torture, 1984, Article 14(1) — International Covenant on Civil and Political Rights, 1966, Article 14

Relationship of international law and municipal law — Customary law — Part of Canadian common law — Treaties — Effect in Canadian law of treaty not implemented by legislation — International law principles and values as aid to construction of legislation — Expert evidence on international law — Admissibility — Value

State immunity — Jurisdictional immunity — Exceptions to immunity — Commercial activity — Torts occasioning personal or bodily injury — Whether exception to immunity for non-commercial torts extends to torture committed by defendant State in its own territory — Whether there is an exception to immunity for violations of jus cogens — Canada State Immunity Act 1982

Treaties — Interpretation — Relevance of subsequent practice — Convention against Torture, 1984 — Practice of States Parties — Reports to Committee against Torture — Response to declaration by United States of America — The law of Canada