This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2015/jul/01/government-should-address-core-libya-rendition-allegations-judge-rules

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Government should address core Libya rendition allegations, judge rules Government should address core Libya rendition allegations, judge rules
(about 7 hours later)
The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.The government should address the core allegations of 12 claimants who say they were kidnapped, tortured, subject to control orders or tricked into travelling to Libya where they were detained or mistreated, a high court judge has said.
In a move welcomed by lawyers for the claimants, Mr Justice Lord Irwin said the government should outline its reasons for striking out the claims.In a move welcomed by lawyers for the claimants, Mr Justice Lord Irwin said the government should outline its reasons for striking out the claims.
Until now, the highly complex case arising from documents recovered from Libyan government archives after the fall of Muammar Gaddafi, as revealed by the Guardian, has been bogged down in procedural manoeuvring without the government actually having to address the key allegations.Until now, the highly complex case arising from documents recovered from Libyan government archives after the fall of Muammar Gaddafi, as revealed by the Guardian, has been bogged down in procedural manoeuvring without the government actually having to address the key allegations.
Wednesday’s hearing nudged the case further along.Wednesday’s hearing nudged the case further along.
Related: Cooperation between British spies and Gaddafi’s Libya revealed in official papersRelated: Cooperation between British spies and Gaddafi’s Libya revealed in official papers
Irwin said he was was not suggesting that government lawyers set out a full defence, but added: “I raise the question as to whether the basis for the [strike out] application should be set out in outline.” Lawyers for the government agreed.Irwin said he was was not suggesting that government lawyers set out a full defence, but added: “I raise the question as to whether the basis for the [strike out] application should be set out in outline.” Lawyers for the government agreed.
The development came as Irwin agreed to a government request to move consideration of the application to strike down the claims behind closed doors. They said the closed session would allow the government to present sensitive information to support their case.The development came as Irwin agreed to a government request to move consideration of the application to strike down the claims behind closed doors. They said the closed session would allow the government to present sensitive information to support their case.
Irwin rejected an earlier attempt to have the claims struck down in January, when he ruled that the allegations “are of real potential public concern” and should be heard and dealt with by the courts.Irwin rejected an earlier attempt to have the claims struck down in January, when he ruled that the allegations “are of real potential public concern” and should be heard and dealt with by the courts.
Initially, the government argued the claims were an abuse of process on the grounds that the claimants should have sought to reopen earlier proceedings against them in the special immigration appeal court (SIAC) and control order proceedings in the administrative court.Initially, the government argued the claims were an abuse of process on the grounds that the claimants should have sought to reopen earlier proceedings against them in the special immigration appeal court (SIAC) and control order proceedings in the administrative court.
Control orders can include home curfews and restrictions on whom a suspect can meet. Lawyers for the claimants have in turn accused the government of abuse of process by foot-dragging and in wasting taxpayers’ money.Control orders can include home curfews and restrictions on whom a suspect can meet. Lawyers for the claimants have in turn accused the government of abuse of process by foot-dragging and in wasting taxpayers’ money.
The documents retrieved after Gaddafi’s fall include secret correspondence from MI6, MI5 reports on Libyans living in the UK, a British intelligence assessment marked “UK/Libya Eyes Only – Secret” and official Libyan minutes of meetings between the two countries’ intelligence agencies.The documents retrieved after Gaddafi’s fall include secret correspondence from MI6, MI5 reports on Libyans living in the UK, a British intelligence assessment marked “UK/Libya Eyes Only – Secret” and official Libyan minutes of meetings between the two countries’ intelligence agencies.
Related: UK government tries to move Libya rendition claims behind closed doorsRelated: UK government tries to move Libya rendition claims behind closed doors
Cooperation between UK and Libyan security services burgeoned after the September 11 attacks in 2001.At one point, Libyan intelligence agents were invited to operate on British soil, where they worked alongside MI5 and allegedly intimidated a number of Gaddafi opponents who had been granted asylum in the UK. Cooperation between UK and Libyan security services burgeoned after the September 11 attacks in 2001. At one point, Libyan intelligence agents were invited to operate on British soil, where they worked alongside MI5 and allegedly intimidated a number of Gaddafi opponents who had been granted asylum in the UK.
A team of London-based lawyers assembled the documents into an archive that has formed the basis of a claim for damages against the British government alleging false imprisonment, blackmail, misfeasance in public office and conspiracy to assault.A team of London-based lawyers assembled the documents into an archive that has formed the basis of a claim for damages against the British government alleging false imprisonment, blackmail, misfeasance in public office and conspiracy to assault.
According to the documents, five men were subjected to control orders on the basis of intelligence assessments that are now alleged to have been based in part on information extracted during Libyan interrogation of the two opposition leaders, Sami al-Saadi and Abdel Hakim Belhaj, following UK-Libyan rendition operations.According to the documents, five men were subjected to control orders on the basis of intelligence assessments that are now alleged to have been based in part on information extracted during Libyan interrogation of the two opposition leaders, Sami al-Saadi and Abdel Hakim Belhaj, following UK-Libyan rendition operations.
Lawyers who represented the men subjected to control orders say that both the high court and the SIAC were kept in the dark about the UK’s role in the kidnap of the two men who were providing the information about their clients.Lawyers who represented the men subjected to control orders say that both the high court and the SIAC were kept in the dark about the UK’s role in the kidnap of the two men who were providing the information about their clients.
“There has been delay and frustration,” said Irène Nembhard, a solicitor with Birnberg Peirce, the law firm representing the 12 claimants. “It has been frustrating getting to the truth behind collusion between British and Libyan security services and the hiding of this collusion from the courts when the decisions were made to detain them in prison or under control orders for years, all of which combined to have terrible effects on their families.” “There has been delay and frustration,” said Irène Nembhard, a solicitor with Birnberg Peirce – the law firm representing the 12 claimants. “It has been frustrating getting to the truth behind collusion between British and Libyan security services and the hiding of this collusion from the courts when the decisions were made to detain them in prison or under control orders for years, all of which combined to have terrible effects on their families.”
Six Libyan men, the widow of a seventh, and five British citizens of Libyan and Somali origin have brought claims. They began their case formally in January 2013.Six Libyan men, the widow of a seventh, and five British citizens of Libyan and Somali origin have brought claims. They began their case formally in January 2013.
Irwin said the decision to move proceedings behind closed doors under Section 6 of the Official Secrets Act would be kept under review and that the application for a strike out should follow a rapid timetable. Irwin said the decision to move proceedings behind closed doors, under Section 6 of the Official Secrets Act, would be kept under review and that the application for a strike out should follow a rapid timetable.
Both sides are now trying to work out a schedule that will allow time for the court to consider requests by the home secretary to withhold sensitive information from litigants under public interest immunity considerations.Both sides are now trying to work out a schedule that will allow time for the court to consider requests by the home secretary to withhold sensitive information from litigants under public interest immunity considerations.
A hearing to consider the government’s application to strike out the claims is expected in December.A hearing to consider the government’s application to strike out the claims is expected in December.