McElhinney v. Ireland and the United Kingdom (dec.) [GC]

Information Note on the Court’s case-law No. 17

April 2000

McElhinney v. Ireland and the United Kingdom (dec.) [GC] - 31253/96

Decision 9.2.2000 [GC]

Article 6

Civil proceedings

Article 6-1

Access to court

State immunity: admissible

The applicant, an Irish policeman (garda), claims that he was assaulted by a British soldier who had apparently been involuntarily carried into the Irish Republic on the towbar of the car which the applicant drove through a checkpoint. The applicant brought a civil action against the soldier and the British Secretary of State for Northern Ireland, who however successfully invoked sovereign immunity.

Admissible under Article 6 § 1 as regards the complaints against Ireland.

Inadmissible as regards the complaints against the United Kingdom.

© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.

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