دانشجوی دکترای حقوق بین الملل دانشگاه شهید بهشتی.
عنوان مقاله [English]
Indeed it is true that Sovereignties are hypersensitive about their sovereignty acts. Same is for torture, when it done through sovereignty power. This sensitivity has been mitigated through immunity rules. International Court of Justice accepted absolute judicial immunity of sates in Jurisdictional Immunities case (Germany v. Italy) on 3 February 2012. Therefore, victims of human rights violations, including prohibition of torture, cannot bring a claim against the violator state in the foreign courts. Now, the question is that, is it possible that a torture victim bring a civil litigation in foreign court without facing immunity obstacle? This article is intended to prove this hypothesis that at the end of this contention, it wouldn’t be an absolute judicial immunity for states, With This argumentation that, the Committee against torture rendered the General Comment No 3 in respect of article 14 of the Convention against torture on 19 November 2012, and requires state parties to provide civil remedies for all of the victims, Regardless of territorial or nationality links.