State Immunity Act 1978
Encyclopedia
The State Immunity Act 1978 is an Act
of the Parliament of the United Kingdom
which was passed to implement the European Convention on State Immunity of 1972 into British law. The doctrine of absolute state immunity
was changed to one of restricted immunity, whereby a foreign state could be sued in the British court
s for some certain activities, usually of a commercial nature.
In 1998 the defence attempted to use it during Augusto Pinochet's arrest and trial
, but Lord Nicholls
said that the Act flouted a battery of international legislation on human rights abuses to which Britain is a signatory, and would have meant, according to the arguments of Pinochet's legal team, that British law would have protected even Adolf Hitler.
In June 2006 the law was used to dismiss an appeal by three Briton
s (Sandy Mitchell
, Les Walker and Ron Jones) and a Canadian (William Sampson) who were convicted and imprisoned for car bombings
and illicit alcohol trading in Saudi Arabia
. The Law Lords upheld an appeal by the government of Saudi Arabia against the four men who wished to sue the Saudi government for damages relating to alleged torture
. Despite the ruling, the four continue to maintain that they were mistreated by Saudi officials both before and after they were jailed in November 2000. They were released from prison in 2003 on royal pardon
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which was passed to implement the European Convention on State Immunity of 1972 into British law. The doctrine of absolute state immunity
State immunity
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state, not in a state's own courts...
was changed to one of restricted immunity, whereby a foreign state could be sued in the British court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s for some certain activities, usually of a commercial nature.
In 1998 the defence attempted to use it during Augusto Pinochet's arrest and trial
Augusto Pinochet's arrest and trial
General Augusto Pinochet was indicted for human rights violations committed in his native Chile by Spanish magistrate Baltasar Garzón on 10 October 1998. He was arrested in London six days later and finally released by the British government in March 2000...
, but Lord Nicholls
Donald Nicholls, Baron Nicholls of Birkenhead
Donald James Nicholls, Baron Nicholls of Birkenhead, PC , is a British lawyer and retired Law Lord .-Biography:...
said that the Act flouted a battery of international legislation on human rights abuses to which Britain is a signatory, and would have meant, according to the arguments of Pinochet's legal team, that British law would have protected even Adolf Hitler.
In June 2006 the law was used to dismiss an appeal by three Briton
British people
The British are citizens of the United Kingdom, of the Isle of Man, any of the Channel Islands, or of any of the British overseas territories, and their descendants...
s (Sandy Mitchell
Sandy Mitchell
Sandy Mitchell was one of seven men incarcerated in Saudi Arabia for the bombing death of Christopher Rodway, a British National living in Riyadh. While in prison, he was tortured and forced to make a televised confession in which he detailed the methods and as to which he and his fellow prisoners...
, Les Walker and Ron Jones) and a Canadian (William Sampson) who were convicted and imprisoned for car bombings
Car bomb
A car bomb, or truck bomb also known as a Vehicle Borne Improvised Explosive Device , is an improvised explosive device placed in a car or other vehicle and then detonated. It is commonly used as a weapon of assassination, terrorism, or guerrilla warfare, to kill the occupants of the vehicle,...
and illicit alcohol trading in Saudi Arabia
Saudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
. The Law Lords upheld an appeal by the government of Saudi Arabia against the four men who wished to sue the Saudi government for damages relating to alleged torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
. Despite the ruling, the four continue to maintain that they were mistreated by Saudi officials both before and after they were jailed in November 2000. They were released from prison in 2003 on royal pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
.