Jones and Others v. United Kingdom

Abstract

Human rights — Right of access to court — Civil claims for torture — Claims against State and State officials — Grant of State immunity — Whether amounting to disproportionate interference with right of access to court — Approach to proportionality — Al-Adsani — Whether grant of immunity reflecting generally recognized rules of public international law on State immunity — Whether jus cogens exception to State immunity in civil claims against the State — Content of customary international law — Judgment of International Court of Justice in February 2012 — Germany v. Italy — Status of doctrine of State immunity at time of 2006 domestic decision granting immunity to State — Granting of immunity ratione materiae to State officials — Whether State officials under same cloak of protection as State for acts undertaken for State — Whether grant of immunity reflecting generally recognized rules of public international law — Customary international law — Whether evidence of any special rule or exception concerning cases of alleged torture — Whether violation of Article 6(1) of European Convention on Human Rights, 1950

State immunity — Jurisdiction — Civil claims for torture — Claims against State and State officials — Grant of State immunity — Whether grant of immunity reflecting generally recognized rules of public international law — Whether amounting to disproportionate interference with right of access to court — Exceptions to immunity — Whether jus cogens exception to State immunity in civil claims against the State — Content of customary international law — Whether State immunity extending to State officials for official acts — Whether evidence of any special rule or exception concerning cases of alleged torture — Whether violation of Article 6(1) of European Convention on Human Rights, 1950