Oleynikov v. Russia

Abstract

Human rights — State immunity — Jurisdictional immunity — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Organ of State — Embassy of foreign State failing to give consent to examination of applicant’s claim by courts of forum State — Courts of forum State refusing to examine applicant’s claim — Courts of forum State applying doctrine of absolute immunity — Whether violation of right of access to courts — European Convention on Human Rights, 1950, Article 6

State immunity — Jurisdictional immunity — Commercial transactions — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Organ of State — Application of doctrine of absolute immunity — Whether contrary to human rights

Diplomatic relations — Embassy — Organ of State — Civil proceedings against foreign State for repayment of debt arising under loan agreement — Application of doctrine of absolute immunity — Whether courts of forum State failing to apply international law — Whether right of access to courts violated

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Annex to Treaty on Trade and Navigation, 1960 — Customary international law — Code of Civil Procedure providing for absolute immunity — Constitution providing international law integral part of domestic legal system — Domestic courts applying doctrine of absolute immunity — Whether domestic courts failing to apply relevant provisions of treaty and principles of customary international law — Whether domestic courts could refuse to examine applicant’s claim — Whether forum State violating Article 6(1) of European Convention on Human Rights, 1950

Economics, trade and finance — Treaties — Trade with foreign States — Annex to Treaty on Trade and Navigation, 1960 — Trade representations — Constituent part of embassy of State — Commercial transactions — Whether absolute or restrictive immunity applicable — Courts of forum State applying absolute immunity — Courts of forum State failing to apply international law — Whether failure to examine applicant’s claim impairing essence of right of access to court — Whether violation of Article 6(1) of European Convention on Human Rights, 1950