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GCHQ spying case wins rare public hearing in secret court GCHQ spying case wins rare public hearing in secret court
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Britain's most secretive court has held a rare public hearing following claims that it was slow to examine allegations that GCHQ has been spying on lawyers representing victims of a UK-Libyan rendition operation.Britain's most secretive court has held a rare public hearing following claims that it was slow to examine allegations that GCHQ has been spying on lawyers representing victims of a UK-Libyan rendition operation.
The Investigatory Powers Tribunal agreed to the hearing only after the lawyers mounted high court proceedings to force the tribunal to order that the fruits of any such surveillance be withheld from government lawyers who are defending the UK's intelligence agencies in a separate claim for damages. The investigatory powers tribunal agreed to the hearing only after the lawyers mounted high court proceedings to force the tribunal to order that the fruits of any such surveillance be withheld from government lawyers who are defending the UK's intelligence agencies in a separate claim for damages.
Both cases arise out of the operation in which Abdel Hakim Belhaj, a Libyan dissident, and his wife Fatima Boudchar were abducted in Manila in 2004 and flown to Tripoli, where they were allegedly tortured. A senior MI6 officer, Mark Allen, subsequently claimed credit for the operation, in a letter that was discovered during the 2011 Libyan revolution. Both cases arise out of the operation in which Abdel Hakim Belhaj, a Libyan dissident, and his wife, Fatima Boudchar, were abducted in Manila in 2004 and flown to Tripoli, where they were allegedly tortured. A senior MI6 officer, Mark Allen, subsequently claimed credit for the operation, in a letter that was discovered during the 2011 Libyan revolution.
Concern that the lawyers' privileged communications with their clients may have been spied upon arose from Edward Snowden's disclosure about the mass surveillance operations of GCHQ and it's US partner, the National Security Agency. Concern that the lawyers' privileged communications with their clients may have been spied upon arose from Edward Snowden's disclosure about the mass surveillance operations of GCHQ and its US partner, the National Security Agency.
Although the public hearing of the IPT on Tuesday was highly unusual, it had been in progress for less than 90 seconds before James Eadie QC, counsel for the government, suggested that it might be held in secret. In the event, it went ahead without members of the public, the media and lawyers for the couple being excluded.Although the public hearing of the IPT on Tuesday was highly unusual, it had been in progress for less than 90 seconds before James Eadie QC, counsel for the government, suggested that it might be held in secret. In the event, it went ahead without members of the public, the media and lawyers for the couple being excluded.
Dinah Rose QC, counsel for Belhaj and Boudchar, complained that the tribunal had already held one hearing behind closed doors, with lawyers for the intelligence agencies present, but without informing the couple's lawyers.Dinah Rose QC, counsel for Belhaj and Boudchar, complained that the tribunal had already held one hearing behind closed doors, with lawyers for the intelligence agencies present, but without informing the couple's lawyers.
Most of the couple's damages claim has been struck out, and they are considering whether to appeal.Most of the couple's damages claim has been struck out, and they are considering whether to appeal.
"We have no confidence that our privileged communications with our clients – who are in Libya, and can only be contacted by email and telephone – are secure," she said."We have no confidence that our privileged communications with our clients – who are in Libya, and can only be contacted by email and telephone – are secure," she said.
Earlier, government lawyers had told the IPT that a search of the agencies' records had thrown up material that the tribunal would need to consider in secret. Lawyers for the couple say they infer from this that GCHQ has indeed been spying on them while they take instructions from their clients.Earlier, government lawyers had told the IPT that a search of the agencies' records had thrown up material that the tribunal would need to consider in secret. Lawyers for the couple say they infer from this that GCHQ has indeed been spying on them while they take instructions from their clients.
The tribunal, set up 14 years ago, hears complaints from individuals who say that the actions of UK intelligence agencies and other bodies that conduct surveillance operations have breached their legal rights. Almost all its hearings are in secret, and it is thought never to have found against the agencies.The tribunal, set up 14 years ago, hears complaints from individuals who say that the actions of UK intelligence agencies and other bodies that conduct surveillance operations have breached their legal rights. Almost all its hearings are in secret, and it is thought never to have found against the agencies.
When lawyers for Belhaj and Boudchar sought a judicial review of the tribunal's refusal to speedily hear the case, the IPT threatened to seek costs from the couple.When lawyers for Belhaj and Boudchar sought a judicial review of the tribunal's refusal to speedily hear the case, the IPT threatened to seek costs from the couple.
The tribunal ordered on Tuesday that a full application be heard on 30 January for an order that no fruits of any surveillance operation be passed to government lawyers.The tribunal ordered on Tuesday that a full application be heard on 30 January for an order that no fruits of any surveillance operation be passed to government lawyers.
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