Case Jones v UK Court of Strasbourg

Get Started. It's Free
or sign up with your email address
Rocket clouds
Case Jones v UK Court of Strasbourg by Mind Map: Case Jones v UK Court of Strasbourg

1. Saudi Arabia part of Convention against Torture

1.1. Art. 1

1.2. Art. 14

2. Right to fair trial (art. 6 ECHR): "everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law"

2.1. Immunity does not violate the right of access to justice especially when the applicant has alternative means at his/her disposal

3. Difference between functional and State immunity

4. Why can immunity be claimed for civil suits, but not in criminal ones?

4.1. Pinochet case

5. Conflict between art. 6 and State immunity

5.1. Is immunity legitimate? Al-Adsani par in parem non habet imperium

5.2. Is immunity proportional? Reasonable alternative means

5.3. Exception to State immunity supported by ICJ Germany v Italy and Al-Adsani

6. Conflict between art. 6 and functional immunity

6.1. State immunity=functional immunity. Is it legitimate? Kelsen doctrine

6.2. Is functional immunity proportional? Absolute presumption since it reflects rules of international law

7. Conclusion. Is immunity equal to impunity?

7.1. Foreign State immunity doctrine

7.2. No civil universal jurisdiction for torture

7.3. Officials enjoy the uncertainty of the law