Abstract
This is a prime example of how radical a court can be in its eagerness to protect human rights. In Jones v. Ministry of Interior of Saudi Arabia [2004] EWCA Civ 1394, the Court of Appeal reached an unprecedented decision by disregarding the relevant legislation, by going against its own previous decisions and higher authorities, and by reading an extremely liberal understanding into an international convention. In this case, the claimants sought damages in tort in civil proceedings against the Ministry of Interior of Saudi Arabia and a number of Saudi officials, including the head of the Ministry of Interior, alleging, among other things, systematic torture while they were in official custody in Saudi Arabia in 2001. What is remarkable about this case is that the alleged torture took place in Saudi Arabia, and that none of the individual defendants was present at any time on UK territory.
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