CCA chief Terry Davis declined to comment, but Coles» criticism of suppliers could inflame
relations at a critical point in negotiations over a voluntary code of conduct.
Even if one could say that such treatment reflects some policy of the various foreign states involved, or indeed of the United Kingdom, it goes far beyond any conduct previously recognised as requiring judicial abstention... The
critical point in my view is the nature and seriousness of the misconduct alleged in both cases before the Supreme Court,
at however high a level it may have been authorised... Sovereign states who without justification and without permitting access to justice detain or mistreat individuals in the course or in
relation to their conduct of foreign
relations or affairs have sovereign immunity in foreign domestic courts.