The Grand Chamber, universal civil jurisdiction for torture and Naït-Liman v. Switzerland

By Corina Heri, postdoctoral researcher at the University of Amsterdam

On 15 March 2018, the ECtHR’s Grand Chamber issued its first judgment of the year. The case in question is Naït-Liman v. Switzerland, and it concerns the right of a refugee to seize a Swiss court with a civil claim for damages resulting from torture allegedly suffered in a third State, Tunisia. Specifically, the Grand Chamber examined whether – as a forum of necessity or as a matter of universal civil jurisdiction – the Swiss courts were required by Article 6 § 1 ECHR to examine the applicant’s civil claim for compensation against Tunisia. Like the Chamber, the Grand Chamber found that this was not the case, and considered that the Member States are under no international law obligation to provide universal civil jurisdiction for torture. Continue reading