Human Rights & International Law
Overview
Sultana advises and represents diverse clientele, including individuals, non-governmental organisations, and State Parties, representing them before regional and UN human rights mechanisms. Her practice encompasses international human rights, international criminal law, and humanitarian law issues. In addition to litigation, she engages in a wide array of advisory, consultancy, and capacity-building activities in these critical areas.
Public International Law, International Criminal Law, & International Humanitarian Law
Sultana advises and represents States, non-governmental organisations and individuals on matters engaging public international law, international criminal law and international humanitarian law. Her work focuses on accountability for serious violations of international law, including genocide, war crimes, crimes against humanity and breaches of the laws of armed conflict, before domestic courts and international forums.
She is regularly instructed by State parties on issues of state responsibility and individual criminal liability, including the investigation and prosecution of international crimes through international mechanisms and domestic proceedings based on universal jurisdiction. Her advisory work has included matters concerning referrals to international criminal jurisdictions, the application of the Genocide Convention, requests for provisional measures, and the assessment of violations of international humanitarian law during ongoing armed conflict, including questions surrounding the applicability of self-defence.
A significant strand of her practice concerns the interaction between international legal obligations and domestic legal systems. This includes advising on the potential criminal and human rights liability of corporations operating overseas; the development and implementation of international criminal law frameworks; the compatibility of domestic legislation with international instruments such as the Rome Statute of the International Criminal Court; and advising on criminal evidence and procedure in common law jurisdictions in the context of high-profile international trials.
She has extensive experience working with international human rights organisations on conflict-related accountability and rule-of-law issues. Her work has included investigation and intervention in cases of arbitrary detention, torture and enforced disappearance; analysis of post-conflict legal systems; and advising on the international legal consequences of amnesties for grave violations of human rights and humanitarian law. This experience underpins her ability to engage authoritatively with complex international disputes and accountability processes across multiple jurisdictions.
International Human Rights Law
Sultana represents individuals and organisations in treaty-based and regional human rights proceedings, including before the European Court of Human Rights, the UN Human Rights Committee and the Special Procedures of the UN Human Rights Council. She has particular expertise in cases engaging freedom of religion or belief, freedom of expression and protest (Articles 9, 10 and 11 ECHR), as well as the right to liberty and the right to a fair trial (Articles 5 and 6). Her work engages issues of equality, minority rights, judicial independence and proportionality, and sits at the intersection of human rights law, public law and international legal accountability.
A significant strand of her current practice concerns Asmeta v France, arising from the prohibition on female Muslim lawyers wearing the hijab in French courts. She acts before the UN Human Rights Committee and multiple UN Special Rapporteurs, including those on freedom of religion or belief, minority issues, racism and discrimination, judicial independence and privacy. She has also represented the applicant before the European Court of Human Rights, challenging the decision of the Cour de Cassation upholding the ban and raising alleged violations of Articles 6, 9, 10, 13 and 14 ECHR.
Her work includes advisory and litigation before regional and international bodies in cases concerning detention, parole, fair-trial guarantees and cross-border enforcement. This includes advising on applications to the European Court of Human Rights on behalf of women prisoners in Chechnya challenging parole refusals; proceedings before the Inter-American Commission on Human Rights seeking precautionary measures for journalists at risk; and representing individuals subject to Interpol Red Notices. She is instructed in matters requiring strategic use of international human rights mechanisms, coordination between domestic and international proceedings, and rigorous analysis of state justifications for restrictions on fundamental rights.
SULTANA’S EXPERTISE
Our experience of ground-breaking and high profile cases has given us a unique insight into achieving extraordinary results for clients in:
Counter Terrorism & National SecurityHuman Rights & International LawCriminal Justice & AppellatePublic Law & Civil LibertiesStrategic Case ConsultingStrategic Litigation & Justice ReformSultana Tafadar KC is a highly accomplished international lawyer with particular expertise in complex, sensitive and high-profile matters involving public international law, international criminal law, international humanitarian law and international human rights law. Her strategic judgment, intellectual rigour and ability to navigate politically charged disputes distinguish her as a leading practitioner in this field. She is regularly instructed by States, non-governmental organisations and individuals in matters involving serious violations of international law, accountability for international crimes and the protection of fundamental rights.
Sultana is frequently instructed at the earliest stage of international disputes and human rights cases, when the choice of forum, preservation of evidence and coordination of domestic and international proceedings are critical. She advises and represents clients before domestic courts, the European Court of Human Rights, the UN Human Rights Committee and UN Special Procedures. Her cases often involve genocide, war crimes, crimes against humanity, torture, arbitrary detention, enforced disappearance, universal jurisdiction, State responsibility and individual criminal liability.
She is also highly skilled in developing clear and effective cross-jurisdictional strategies in legally novel and factually complex cases. Sultana has a particular ability to identify the most effective international mechanism, test State justifications for restrictions on fundamental rights and translate dense principles of international law into practical and persuasive legal arguments. Her combination of technical expertise, strategic insight and experience across criminal, human rights and national security law enables her to protect her clients’ interests in the most demanding international proceedings.
Expertise
Notable Public International Law, International Criminal Law, & International Humanitarian Law Cases
Advised State Party on the Prosecution of war crimes, crimes against humanity and genocide
Case concerning referral of complaints to the International Criminal Courts and use of domestic Universal Jurisdiction for the prosecution of these offences.
Advised State Party on the merits of Request for Provisional Measuresres
Case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide.
Advised State Party on liability of UK companies operating in their territories.
Domestic criminal liabilities for breaches of international law and human rights obligations of companies operating on State’s territories.
Advised State Party on violations of international humanitarian law
Advising on violations during an ongoing armed conflict and issues surrounding the applicability of self-defence.
Report for UN Office of the High Commissioner for Human Rights on Secret Rendition 2016
Contributed to Report adopted by five UN Special Rapporteurs and submitted to the UN Human Rights Council. Focused on the jurisdiction of the European Court on Human Rights on secret renditions.
Criminal Evidence and Procedures in Common Law Jurisdictions,
(in relation to a high-profile trial in Africa). Focused on defendants’ right to silence upon arrest, questioning and interview and whether, and to what extent, adverse inferences could be drawn.
Africa Program, International Secretariat of Amnesty International (AI)
Work included investigation and intervention in ‘urgent action’ cases of arbitrary arrests and detentions, torture and disappearances. Projects included the War on Terror, the Darfur Crisis, violence against women and children in armed conflict.
Middle East Program, International Secretariat of Amnesty International (AI)
Worked on law & order issues relating to post conflict Iraq; analysing the Iraqi Constitution, the Penal Code, and the justice system in relation to international human rights and humanitarian law. Assisted in drafting recommendations to the Coalition Provisional Authority in relation to extra-territorial application of Police and Criminal Evidence Act (1984) and the Human Rights Act (1998).
Redress
Advice on the granting of blanket and specific amnesties for grave violations of human rights and humanitarian law. Considered cases before UN complaints mechanisms, European Court of Human Rights, the African Commission, and Universal Jurisdiction provisions of states.
Notable International Human Rights Law Cases
UN Human Rights Committee:
Asmeta v France, concerning the violations of the various rights under the International Covenant on Civil and Political Rights (ICCPR). (2023-Ongoing)
Special Rapporteur on Freedom of Religion and Belief,
Asmeta v France, concerning the violation of the right to freedom of religion as a result of a hijab ban on female Muslim lawyers in France. (2023-Ongoing)
Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance
Asmeta v France, concerning the right to be free from discrimination. (2023-Ongoing)
Special Rapporteur on Minority Issues
Asmeta v France, concerning a violation of the right of minorities to enjoy their culture and practise their religion, as a result of the imposition of the hijab ban. (2023-Ongoing)
Special Rapporteur on the Independence of Judges and Lawyers
Asmeta v France, concerning the impact of the hijab ban on female Muslim lawyers who, therefore, cannot exercise independence from the State. (2023-Ongoing)
Special Rapporteur on the Right to Privacy
Asmeta v France, concerning a violation her right to bodily integrity by imposing a hijab ban on female Muslim lawyers. (2023-Ongoing)
Asmeta v France, European Court of Human Rights:
Challenging the decision of the French Cour de Cassation (the highest court of appeal in France) on 2 March 2022, that endorsed a ban by the Lille Bar Council that prohibits French lawyers wearing the hijab or other markers of faith in court. The Cour de Cassation said the ban was necessary to ensure the ‘independence of lawyers’, the ‘equality of citizens’, and the ‘right to a fair trial’. The application against France at the European Court of Human Rights, assert violations of Articles 6, 9, 10, 13, and 14 of the European Convention on Human Rights.
European Court of Human Rights
Advice on application on behalf of women prisoners in Chechnya who were refused parole and consideration of caselaw under Article 5, 6 and 8 to challenge the decisions. European Human Rights Advocacy Centre (EHRAC).
Inter-American Commission on Human Rights
Advice in case requesting precautionary measures for journalist breaking news of assassination of a special prosecutor investigating the President of Argentina. Latin American Centre for Human Rights (CLADH).
JD v Interpol
Application for suspension of Interpol Red Notice of British national in the Middle East, subjected to an arrest warrant, imprisonment, frozen assets, travel ban and extradition request. Fair Trials International