CEDH · PRESS;GENERAL;ENG — 15 novembre 2000

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THE UNITED KINGDOM and FOGARTY v. THE UNITED KINGDOM   Wednesday, 15 November 2000     The European Court of Human Rights held hearings on the merits of these two cases [1] , which were declared admissible on 1 March 2000.   Case of Al-Adsani v. the United Kingdom   The applicant   The application was brought by Sulaiman Al-Adsani, who has dual British and Kuwaiti nationality. He was born in 1961 and lives in London. He is a trained pilot.   Summary of the facts   Mr Al-Adsani was tortured in Kuwait. He brought proceedings in the English courts against, among others, the Kuwaiti Government for their part in his torture. The Court of Appeal held that the State Immunity Act 1978 meant that he could not pursue a claim against the Government of Kuwait.   Complaint   The applicant complains of a violation of his right of access to a court under Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights. He also invokes Articles 3 (prohibition of torture, inhuman or degrading treatment or punishment) and 13 (right to an effective remedy) of the Convention.   Case of Fogarty v. the United Kingdom   The applicant   The application was brought by an Irish national, Mary Fogarty, who was born in 1959 and lives in London.   Summary of the facts   The applicant used to work in a secretarial post in the United States Embassy in London. She sought to bring proceedings against her employer, the United States, under the Sex Discrimination Act 1975. Her attempt to bring proceedings was frustrated by the principle of State immunity imposed in the United Kingdom by the State Immunity Act 1978. This Act grants immunity from suit to the United States Government concerning anyone employed in their embassy seeking to bring proceedings concerning their contract of employment.   Complaints   The applicant complains of lack of access to a court, under Article 6 § 1 of the Convention, and of discrimination, under Article 14.   Procedure   The applications were lodged with the European Commission of Human Rights on 3 April 1997 and 8 July 1997.   On 1 November 1998 the cases were transmitted to the European Court of Human Rights. The President of the Court assigned the cases to the Third Section which, on 19 October 1999, decided to relinquish jurisdiction in favour of the Grand Chamber.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Elisabeth Palm (Swedish), Christos Rozakis (Greek), Georg Ress (German), Luigi Ferrari Bravo [2] (Italian), Gaukur Jörundsson (Icelandic), Lucius Caflisch [3] (Swiss), Loukis Loucaides (Cypriot), Ireneu Cabral Barreto (Portuguese), Karel Jungwiert (Czech), Nicolas Bratza (British), Boštjan Zupančič (Slovenian), Matti Pellonpää (Finnish), Margarita Tsatsa-Nikolovska (FYROMacedonia), Tudor Panţîru (Moldovan), Egils Levits (Latvian), Anatoly Kovler (Russian), Judges , Nina Vajić (Croatian), Jean-Paul Costa (French), Substitute Judges ,   and also Paul Mahoney , Deputy Registrar .       Representatives of the parties   Government:             Joanne Foakes , Agent ,             David Lloyd-Jones ,             David Anderson , Counsel   Applicant (in the case of Al-Adsani):   John McDonald ,             Owen Davies , Counsel ,             Geoffrey Bindman , Solicitor   Mr Al-Adsani , also attended the hearing.   Applicant (in the case of Fogarty):     Ben Emmerson , Counsel ,             James Welch , Solicitor   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-t ime Commission and Court. [1] Hearings on admissibility and merits were held on 9 February 2000; see Press Release No 103. [2] Elected as the judge in respect of San Marino. [3] Elected as the judge in respect of Liechtenstein.