And from Jabbar to a breach of international human rights conventions that apply when a citizen is kidnapped from his own country and sent to another - Courtenay says it has to be brought against the state:
Eamon Courtenay, Attorney at law
"So all those international conventions that they are referring to are between states. An individual may be protected by the convention if you are protected by the convention and you allege that your rights have somehow been trampled and you sue the state and you present your evidence against the state. You can't present the evidence against the commissioner, you can't present it against a minister because the commission and the minister are not parties to the convention, so the judicial body that will hear that only deals with claims against a state. To allege that a particular individual breached a convention that he is not a party to is just completely misconceived."
"I don't know who those other individuals are they have not contacted me and I don't know who is representing them but the attorney general made 2 submissions, 1 that the entire claim is struck out because of the defects which are incurable in my opinion and, secondly, if you don't do that then against 4 named defendants it should be struck out. As to the others I don't know what their position is."
Justice Alexander said a decision on the strikeout motion will be made soon.
