Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Germany
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Germany/1988/506
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 30/09/1988
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 30/09/1988
Asylum seeker filed suit against rejection of his application for asylum by the Federal Government
Author(ity)
Bundesverwaltungsgericht (Federal Administrative Court)
Date of the decision, of the judgment
30/09/1988
Points of law
Tamile asylum seeker from Sri Lanka moved for the cross examination of the Indian minister of defense to support his allegation that Indian troops had engaged in indiscriminate killings of Tamiles in Sri Lanka. Motion was denied because of state immunity. On appeal the Bundesverwaltungsgericht rejected theargument that denial of motion amounted to procedural error.
Summary of the case
English Summary of Relevant Part of Decision:The testimony of the Indian defense minister is a piece of evidence which cannot be obtained. Sovereign states enjoy unlimited immunity with regard to their sovereign acts (acta iure imperii) under customary international law which binds German courts according to Art.25 of the Basic Law (for the text see D/19 under Additional Information). This immunity extends to the officials acting for the states. It also excludes subpoenas which would direct them to testify as witnesses concerning those sovereign acts absent special provisions in a treaty. There is no such treaty between Germany and India. As the testimony of the Indian defense minister concerns the mission of Indian troops deployed in Sri Lanka, their motives and their official acts it undoubtedly concerns sovereign acts. Therefore the minister is under no legal obligation to testify, and he is not even required to do so by a rule of international comity.
