Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-25T05:09:35.620Z Has data issue: false hasContentIssue false

Jones and Others v. United Kingdom

European Court of Human Rights.  14 January 2014 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

Type
Case Report
Copyright
© Cambridge University Press 2017

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)