Rv. Secretary of State for Foreign and Commonwealth Affairs, ex parte Ferhut Butt

Abstract

Consular relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Consular Relations, 1963, Article 55 — Alleged violation of right to a fair trial — Whether permissible for State exercising protection to seek to intervene in the judicial process

Diplomatic relations — Protection of nationals — Limitations — Duty of non-interference in the internal affairs of receiving State — Vienna Convention on Diplomatic Relations, 1961, Article 41 — Formal representations by State about treatment of its nationals — Requirement of exhaustion of local remedies

Human rights — Remedies — Allegations of torture of foreign nationals — Foreign nationals allegedly denied right to fair trial — Right of protection of State of nationality

Relationship of international law and municipal law — Conduct of foreign relations — Exercise by State of right to protect nationals abroad — Refusal by Government to intervene in judicial process in foreign State — Whether subject to judicial review — The law of England