Al-Adsani was purportedly tortured by the Kuwaiti authorities for circulation of pornography involving one Sheikh who is related to the Emir of Kuwait. Conversely, a majority opined that the extension of immunity to State in a non-criminal case did not infringe the applicant’s privileges. The majority declined to recognize that torture although jus cogens in character, could deny a nations sovereign immunity.
Al-Adsani case has analyzed whether United Kingdom is under obligation to offer any remedy to an aggrieved person as regards to torture which has not been inflicted on him in United Kingdom or any officials of United Kingdom has involved in such torture. However, in Al-Adsani case, the court had recognised that measures to prevent torture in international scenario have really reached a preemptive stage. 2. ANALYSIS: Al-Adsani case has established that there is a necessity to introduce appropriate provision for making countries to be liable for claim for damages for alleged atrocities inflicted on an individual outside the forum country.
In Al-Adsani case , English courts have applied the provisions of the State Immunity Act 1978 to offer state immunity to Kuwait . Some critics allege that this has resulted to an unwarranted restraint on the aggrieved right to access to court for redressal of his grievance. The European Court of Human Rights held in the Al-Adsani v. the United Kingdom held that that there had been no infringement of Article 3 of the ECHR [European Convention on Human Rights ] which deals with the prohibition of torture.
Further, it has also held that in Al-Adsani case there is no infringement of Article 6, Section 1 which deals with the right to a fair trial. This is the case sheet of Al-Adsani case. Suleiman Al-Adsani was born in 1961 and resides in London and is having dual nationality of Kuwaiti and British and he is a pilot by a profession. The plaintiff was employed in the Air Force of Kuwait during the Gulf War. When Kuwait was occupied by Iraq, Al-Adsani acted as a member of the resistance force by remaining behind the curtains. He challenged that he experienced torture at the hands of Kuwaiti state authorities at the instance of the Emir of Kuwait.
Al-Adsani was alleged to possess and leaked out some sexual videotapes pertaining to Shiek Jabbar who is said to be a relative of the Emir of Kuwait. By scrupulous means, these videotapes were freely circulated in the market and Shiek abused him for this leak-out of such confidential tape. It was alleged by Al-Adsani that he was forcefully taken out by Sheik and by his companions on 2 May 1991 and was lodged in the Kuwait State Security prison. In the prison, he was put behind the bars for many days and continuously pounded by the police officials.
After 5 days of his illegal confinement, it was alleged that he was taken to Emir of Kuwait’s brother’s bastion by Sheikh. In the palace, Al-Adsani head was continuously soaked in the swimming pool and later he was locked in a small room where the mattress which was soaked in petrol was set fire by sheikh. Later, the plaintiff took treatment for more than six weeks in London hospital for burns which covered an area about 30% of his body. Besides, body injury, Al-Adsani also witnessed mental damage and later diagnosed with post-traumatic stress disorder.