Скачать с ютуб Benkharbouche & Janah v Secretary of State for Foreign and Commonwealth Affairs в хорошем качестве

Benkharbouche & Janah v Secretary of State for Foreign and Commonwealth Affairs

[2017] UKSC 62 UKSC 2015/0063 Benkharbouche (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) UKSC 2015/0067 Secretary of State for Foreign and Commonwealth Affairs and Libya (Appellants) v Janah (Respondent) On appeal from the Court of Appeal Civil Division (England and Wales) The issue in this case is whether granting immunity from suit under the State Immunity Act 1978 engages, and breaches, the Respondents' rights under the European Convention on Human Rights (ECHR) and EU Charter. Ms Janah was employed as a member of the domestic staff at the Libyan Embassy in London. Ms Benkharbouche was employed in the Sudanese Embassy. Following dismissal from their employment, the claimants issued claims in the Employment Tribunal. Libya and Sudan claimed immunity from suit under the State Immunity Act 1978. The claimants responded that barring their claims would breach Article 6 and/or Article 14 of the ECHR and/or Article 47 of the EU Charter. The Court of Appeal accepted the claimants’ arguments, making a declaration of incompatibility pursuant to section 4 of the Human Rights Act 1998 and disapplying the State Immunity Act 1978 in respect of the elements of the claims within the scope of EU law. The Secretary of State was joined to proceedings at the Court of Appeal stage as entitled under section 5 Human Rights Act 1998. The Supreme Court unanimously dismisses the appeal. As a matter of customary international law neither Sudan nor Libya are entitled to immunity in respect of the claims in this case. Sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978, which confer immunity in English law, are consequently incompatible with article 6 of the European Convention of Human Rights.