Judges at the Court of Appeal have decided that Abdul Hakim Belhaj, a Libyan man who claims to have been illegally sent back to his home land and tortured, can mount a case against the UK government in court.
Previously, the High Court had decided that Mr Belhaj’s case could not be heard in a British courtroom because of the potential damage it could do to international relations. Specifically, it was decided by Mr Justice Simon that, in spite of the alleged knowledge held by UK officials, a court in England did not have the power to adjudicate on claims of rendition and torture that took place in Libya. Furthermore, the court dcided that many of the claims were “non-justiciable” in UK courts because they involved officials in China, Libya and other countries such as Thailand and Malaysia.On these grounds, it was decided that the case be thrown out.
However, the Court of Appeal has overturned this decision, with judges deciding that Mr Belhaj’s claims were “grave” enough to warrant being heard in court. Judges at the Appeal Court said that state immunity was not enough to bar the proceedings. Furthermore, Lord Dyson voiced the opinion that there is “a compelling public interest in the investigation by the English courts of these very grave allegations.”
Sapna Malik, the lawyer representing Mr Belhaj, described the decision as a “very significant step forward.” Mr Belhaj, who is now a politician in his homeland of Libya, said that he and his wife were “gratified by the judges’ decision to give us our day in court.”
Mr Belhaj alleges that MI6 and Jack Straw, the former Foreign Secretary, were deeply involved with the arrangement of the rendition of Mr Belhaj and his wife from China. According to Mr Belhaj, who previously led a group opposing the Muammar Gaddafi regime, claimed that information leading to his rendition was provided by British Intelligence.
The rendition took place in 2004, and resulted in Mr Belhaj and his wife Fatima Boudchar being returned to their homeland where they were subjected to torture which, according to Mr Belhaj, is “as fresh and as painful for us as if it happened yesterday.” Mr Straw has previously denied any awareness of the rendition.
The government and Jack Straw now have the option to appeal to the Supreme Court. If an appeal is made, the case will not be heard until this has concluded. According to a statement from the Foreign Office, it is currently considering whether to lodge an application for an appeal or not.