Plaintiffs Kasippillai Manoharan, Kalaiselvi Lavan, and Jeyakumar Aiyathurai (“Plaintiffs”) filed suit against Defendant Percy Mahendra Rajapaksa, in his individual and official capacity as the President of Sri Lanka, alleging violations of the Torture Victim Protection Act of 1991 (“TVPA”). Compl., ECF No. [1]. The United States filed a Suggestion of Immunity on behalf of Defendant, asserting Defendant Rajapaksa is immune from suit while he is in office. Suggestion of Immunity (“Sugg. of Imm.”), ECF No. [12], at 1. The Court provided Plaintiffs an opportunity to respond to the Suggestion of Immunity, and the United States filed a reply.1 The Court finds that the United States’ Suggestion of Immunity is binding on the Court and dispositive of the Court’s jurisdiction. Therefore, Plaintiffs’ [8] Motion to Enter Order Validating Service of Process is DENIED and this case is DISMISSED for lack of jurisdiction.

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PROCEDURE

1. The case originated in an application (no. 20594/08) against the Kingdom of Denmark lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Sri Lankan national, Mrs T.N. (“the applicant”), on 28 April 2008. The acting President of the Chamber decided to grant the applicant anonymity (Rule 47 § 3 of the Rules of Court).

2. The applicant was represented by Mr Gunnar Homann, a lawyer practising in Copenhagen. The Danish Government (“the Government”) were represented by their Agent, Mr Thomas Winkler, of the Ministry of Foreign Affairs, and their Co-agent, Mrs Nina Holst-Christensen, of the Ministry of Justice.

3. The applicant alleged that an implementation of the deportation order to return her to Sri Lanka would be in violation of Articles 2, 3 and 8 of the Convention.

4. On 28 April 2008, the acting President of the Chamber decided to apply Rule 39 of the Rules of Court, indicating to the Government that it was in the interests of the parties and the proper conduct of the proceedings that the applicant should not be expelled to Sri Lanka pending the Court’s decision. On 29 August 2008 the acting President decided to give notice of the application to the Government and granted it priority under Rule 41 of the Rules of Court.

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PROCEDURE

1. The case originated in an application (no. 25904/07) against the United Kingdom of Great Britain and Northern Ireland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Sri-Lankan national, Mr NA. (“the applicant”).

2. The applicant was represented by Ms N. Mole, a lawyer practising in London with the AIRE Centre. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office.

3. The applicant alleged that if returned to Sri Lanka, he was at real risk of ill-treatment contrary to Article 3 and/or a violation of Article 2 of the Convention.

4. On 21 June 2007, the President of the Chamber to which the case was allocated acceded to the applicant’s request not to have his name disclosed (Rule 47 § 3 of the Rules of Court).

5. On 25 June 2007, the President of the Chamber decided to apply Rule 39 of the Rules of Court, indicating to the Government that it was desirable in the interests of the parties and the proper conduct of the proceedings that the applicant should not be expelled to Sri Lanka pending the Court’s decision. On the same day, the President decided to give notice of the application to the Government and granted it priority under Rule 41 of the Rules of Court. Under the provisions of Article 29 § 3 of the Convention, the President further decided to examine the merits of the application at the same time as its admissibility.

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