The Ecthr Grand Chamber's judgment in the naïtliman case: an unnecessary clarification of the reach of forum necessitatis jurisdiction?
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Mariangela [1]
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[1] Università Catolica del Sacro Cuore
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- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 55, Nº. 2, 2019, págs. 349-451
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
The Grand Chamber judgment in the Naït-Liman v. Switzerland case is certainly a much anticipated one. Its outcome had, however, long been foreshadowed by commentators and practitioners alike. The decision confirmed the 2016 Chamber's judgment by holding that the Swiss Federal Tribunal's decline of jurisdiction in a civil case involving reparation for torture committed outside the territory of Switzerland by foreign authorities against a foreign national did not amount to a violation of Article 6 (1) ECHR. However, the Court's reasoning in the case under review is susceptible of being criticized in more than one respect. The compatibility of the conduct of Swiss judiciary with Article 6(1) ECHR is dubious to say the least, even more so since the Federal Tribunal's restrictive interpretation of the requirements for the application of forum necessitatis jurisdiction, and especially of the "sufficient connection" requirement, managed to produce a fully-fledged denial of justice. Should such a trend gain consistency, the effectiveness of the right of access to a court may be put a risk.
