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UK government 'seeking to avoid responsibility' for renditions UK government 'seeking to avoid responsibility' for renditions
(35 minutes later)
The government is indulging in an “extravagant extension” of the doctrine of foreign state immunity to avoid responsibility for rendition cases it coordinated, the supreme court has been told.The government is indulging in an “extravagant extension” of the doctrine of foreign state immunity to avoid responsibility for rendition cases it coordinated, the supreme court has been told.
Officials cannot lawfully “shut the doors of the court to victims of executive abuse simply by acting with other states,” the UK’s highest court has heard. Officials cannot lawfully “shut the doors of the court to victims of executive abuse simply by acting with other states,” the UK’s highest court heard.
The allegations were made on the opening day of a test case brought by a Libyan couple and a Pakistani man who claim they were illegally detained in Libya and Afghanistan for many years.The allegations were made on the opening day of a test case brought by a Libyan couple and a Pakistani man who claim they were illegally detained in Libya and Afghanistan for many years.
One claim has been brought by Abdel Hakim Belhaj, 49, and his wife, Fatima Bouchar, opponents of the former Libyan dictator Muammar Gaddafi.
They are suing the former foreign secretary Jack Straw, Sir Mark Allen, a one-time MI6 counter-terrorism officer, and the intelligence services for damages over their rendition. The couple are seeking a nominal sum of £1 each and an apology from each party.
Related: Abdel Hakim Belhaj wins right to sue UK government over his kidnapRelated: Abdel Hakim Belhaj wins right to sue UK government over his kidnap
One claim has been brought by Abdel Hakim Belhaj, 49, and his wife Fatima Bouchar, opponents of the former Libyan dictator Colonel Gaddafi.
They are suing the former foreign secretary Jack Straw, a one-time MI6 counter-terrorism officer, Sir Mark Allen, and the intelligence services for damages over their rendition. The couple are seeking a nominal sum of £1 each and an apology from each party.
The other case has been brought by Pakistani-born Yunus Rahmatullah, who was seized by British special forces in Iraq in 2004. He says he was tortured before being handed over to the US and rendered to Bagram prison in Afghanistan. He was finally released in June last year.The other case has been brought by Pakistani-born Yunus Rahmatullah, who was seized by British special forces in Iraq in 2004. He says he was tortured before being handed over to the US and rendered to Bagram prison in Afghanistan. He was finally released in June last year.
The issue before the supreme court is whether their claims should be allowed to proceed or struck out on the grounds of the so-called “foreign act of state doctrine” which the government says grants immunity to foreign states in UK courts. The issue before the supreme court is whether their claims should be allowed to proceed or be struck out on the grounds of the so-called “foreign act of state doctrine”, which the government says grants immunity to foreign states in UK courts.
Several other countries, including the US, were allegedly involved in the abduction of Belhaj and his wife. The court of appeal said last year that any foreign involvement should not prevent the case against UK officials going ahead.Several other countries, including the US, were allegedly involved in the abduction of Belhaj and his wife. The court of appeal said last year that any foreign involvement should not prevent the case against UK officials going ahead.
Bouchar, who was pregnant at the time, and her husband were taken off a flight in Thailand in early 2004; he was a leading member of the Libyan Islamic Fighting Group (LIFG), an organisation dedicated to Gaddafi’s removal. Bouchar, who was pregnant at the time, and her husband were taken off a flight in Thailand in early 2004. He was a leading member of the Libyan Islamic Fighting Group (LIFG), an organisation dedicated to Gaddafi’s removal.
They were held in what was believed to be a CIA intelligence station near Bangkok airport. They were later flown to Gaddafi’s interrogation and torture cells in Tripoli. At the time the UK government and Gaddafi were in close diplomatic contact.They were held in what was believed to be a CIA intelligence station near Bangkok airport. They were later flown to Gaddafi’s interrogation and torture cells in Tripoli. At the time the UK government and Gaddafi were in close diplomatic contact.
In a joint submission to the courts, lawyers for Belhaj, Bouchar and Rahmatullah said: “In seeking to deny [them] access to court, the [government] contend that two rules preclude any consideration of the grave allegations made against the executive and former government officials.In a joint submission to the courts, lawyers for Belhaj, Bouchar and Rahmatullah said: “In seeking to deny [them] access to court, the [government] contend that two rules preclude any consideration of the grave allegations made against the executive and former government officials.
“These two rules are said to share a common principle: a court in the UK should not set itself above foreign states.” The way they are being exploited, however, is an “extravagant extension” of the doctrine of foreign state immunity. “These two rules are said to share a common principle: a court in the UK should not set itself above foreign states.” The way they are being exploited, however, is an “extravagant extension” of the doctrine of foreign state immunity, the submission said.
But James Eadie QC, for the government, said it was not alleged that the UK had directly inflicted any mistreatment of the claimants. James Eadie QC, for the government, said it was not alleged that the UK had directly inflicted any mistreatment of the claimants. Rahmatullah, he pointed out, had been held by British forces in Iraq for less than a day before being handed over to the Americans.
Rahmatullah, he pointed out, had been held by British forces in Iraq for less than a day before being handed over to the Americans. “In both of these cases, the English court is being asked to adjudicate on the lawful actions of a foreign state outside its jurisdiction,” he said.
“In both of these cases,” he added, “the English court is being asked to adjudicate on the lawful actions of a foreign state outside its jurisdiction.”
Straw, Allen and the intelligence agencies deny any wrongdoing. The case continues.Straw, Allen and the intelligence agencies deny any wrongdoing. The case continues.