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Authoritarian states have long sought to suppress freedom of expression by dissidents living in democratic societies. Acts of assault, kidnapping, torture and even assassination have been perpetrated by states, with computer surveillance and targeting being the most recent methods employed. The legal position of dissidents and their families who seek redress for such conduct is complicated by the rules of foreign state immunity. While international consensus exists in favour of the view that a foreign state should have no immunity for private or commercial acts, this rarely helps dissident claimants since the conduct complained of is normally 'sovereign' in nature. Several states have enacted versions of the 'territorial tort' exception, which lifts immunity in cases of tortious conduct of the foreign state occurring in the forum state. This exception however has been interpreted to impose immunity in cross-border cases in some jurisdictions. There is also the unresolved problem of human rights abuses that occur entirely outside the forum state.
1 INTRODUCTION
Authoritarian regimes have long engaged in a variety of methods to suppress opposition and dissent. Arrest, kidnapping, assault, torture and even killing have been routinely employed against persons who criticise the government or its members. When such acts are performed against dissidents or activists within the territorial boundaries of the perpetrator state, then the conduct has been traditionally easy to conceal or deny with limited accountability for the state or redress for the victim. However, where the dissident has escaped to a foreign country - especially one with liberal standards of freedom of expression - not only is it more difficult for the authoritarian state to control the conduct of such a person, but any measures taken are more visible and conspicuous. Yet the desire of some states to monitor and silence their critics remains strong, and recently there have been some spectacular and horrifying cases of cross-border repression, including the killing of the United States journalist Jamal Khashoggi in Türkiye by Saudi Arabian government officials and the poisoning of Alexander Litvinenko in the United Kingdom by individuals acting on behalf of the Russian government.! Harassment of dissidents may also take more subtle and less gruesome forms, such as remote computer surveillance or assault in the streets. How can a dissident or his...