Paul Rogers & Katarina Sydow in diplomatic immunity case
Paul Rogers and Katarina Sydow were instructed to represent the Director of Public Prosecutions (“DPP”) to resist a claim for judicial review at a hearing on 28 and 29 June 2016 before Lord Justice Lloyd Jones and Mr Justice Jay. The claim was brought by the Freedom and Justice Party and members of the deposed former government of Egypt, among others, against the Foreign and Commonwealth Office (“FCO”) and the DPP, with Amnesty International and Redress intervening and the Metropolitan Police joined as an Interested Party.
The Claimants sought the arrest in the UK of the current Egyptian Chief of Staff, Lt-General Hegazy, for alleged offences of torture committed in Egypt, pursuant to the universal jurisdiction provided by section 134 of the Criminal Justice Act 1988 which reflects the UN Convention Against Torture (UNCAT). At the time his arrest was sought Lt-General Hegazy was present in the UK as part of a special mission. The FCO and DPP maintained at the hearing that customary international law recognised immunity from arrest and criminal prosecution for those received as members of a special mission by the host state, which was in accordance with the decision in Khurts Bat  EWHC 2029 (Admin). Judgment has been reserved.
Barristers: Katarina Sydow | Paul Rogers