ECtHR Mozer c/Moldova & Russia : a final round?

By Jacques Bellezit

Yesterday, the Grand Chamber of the ECtHR has issued a judgement in the case Mozer c/Moldova &flag_moldova Russia.

The facts of the case are “unfortunately” common  (a detainee with precarious health, detained in poor conditions). The main issue was dealing with the jurisdiction of Moldovan and Russian governments in relation to a number of alleged violations of the applicant’s rights. Mr  Boris Mozer was arrested for fraud by police officers of ‘Moldovian Republic of Transniestria’ (MRT).Read More »

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Sovereign immunity before the French Supreme Courts

By Jacques Bellezit*

moving_to_france

Sovereign immunity from jurisdiction and execution are the corollary of the sovereign equality of United Nations Member States.[1]

Following this, the International customary law principle “par in parem non habet imperium” which means that States and their agents cannot be tried before a foreign court and see any foreign legal decision been executed against them in case of acts implying exercise of State’s authority (acta jure imperii)[2] is of pertinent to our discussion under this topic.Read More »