“…oo was wrong in my judgment. It is inconsistent with what the majority said in Pinochet No3, and the analysis in Khurts Bat v Germany [2011] EWHC 2029 (Admin), [2013] QB 349, to which the judge referred as supporting the proposition, itself recognises that the majority in Pinochet No 3 made clear that for heads of state there can b…”
“…ome limited evidence in the decisions of district judges, and in the submissions of the FCO in Khurts Bat v Investigating Judge of the Federal Court of Germany [2013] QB 349(“the Khurts Bat case”). The case concerned the execution in the UK of a European arrest warrant in respect of the defendant in the proceedings. The FCO, repres…”
“…nt of Mongolia, represented by another eminent jurist, Sir Elihu Lauterpacht QC, also intervened in that case to make submissions on this topic. As recorded at [2013] QB 349, [22], it was agreed by the FCO and the Government of Mongolia “that under rules of customary international law the defendant was entitled to inviolability of …”