JUSTICE intervened jointly with the International Commission of Jurists, Amnesty International and REDRESS in this case. The Supreme Court heard the arguments in the case from 9 until 12 November 2015 and judgment was given on 17 January 2017.
The group of human rights organisations were given permission to intervene at the Supreme Court in Belhaj and were represented pro-bono by Martin Chamberlain QC, Oliver Jones and Zahra Al-Rikabi of Brick Court Chambers in their intervention. The UN Special Rapporteur on Torture and the UN Chair – Rapporteur on Arbitrary Detention were also granted permission to intervene. The NGOs hailed the landmark decision of the UK Supreme Court to hold the UK Government accountable for its role in human rights abuses overseas.
The long-awaited judgment came in two joined appeals: Belhaj and Others v. Jack Straw & Others and Rahmatullah v. Ministry of Defence and Another. The Court ruled that the UK Government could not rely on the legal doctrines of sovereign immunity and foreign act of state to escape claims in the two cases alleging UK involvement in breaches of human rights by foreign governments.
The first case, brought by the former Libyan opposition leader Abdul-Hakim Belhaj and his wife, Fatima Boudchar, alleges that UK Government officials were complicit in the couple’s kidnap and rendition to Gaddafi’s Libya, where they were arbitrarily imprisoned and tortured. The second case was brought by Yunus Rahmatullah, who was detained by UK forces in Iraq before being handed over to US forces and allegedly tortured and imprisoned without charge for over ten years.
The Government argued before the Supreme Court that the claimants’ cases should be dismissed because, under the doctrines of sovereign immunity and foreign act of state, the UK courts were not permitted to rule on the legality of acts by foreign governments.
The claimants argued in response that the doctrines only applied in certain limited situations, and that they did not extend to the circumstances in Belhaj and Rahmatullah. The claimants’ position in Belhaj was supported by several prominent human rights organisations, Amnesty International, The International Commission of Jurists (ICJ), JUSTICE and REDRESS, who intervened in the case. The intervening organisations submitted that dismissing the claims would effectively grant impunity for torture to UK officials, violating international human rights law and weakening international commitments to an effective remedy for torture and other ill-treatment, enforced disappearance, arbitrary detention and other human rights breaches.
The Supreme Court found unanimously in favour of the claimants and dismissed the Government’s appeal. It ruled that the doctrine of sovereign immunity did not apply because the foreign governments were not parties to the cases and their legal interests were not affected by the claims put forward. In respect of foreign act of state, while the judges differed in their reasoning, they agreed that the doctrine could not be invoked for such serious violations of law as torture, unlawful detention and enforced disappearance.
The Belhaj and Rahmatullah cases will now proceed to full trials, where the courts will examine the facts of the claims and determine whether the UK Government and its officials were complicit in the claimants’ torture and other human rights abuses.
Read the press release from JUSTICE, Amnesty International, the International Commission of Jurists and REDRESS.
Read the Supreme Court Judgment.
Read the intervention from JUSTICE, Amnesty International, the International Commission of Jurists and REDRESS.
In December 2013, the High Court struck out the civil lawsuit brought in Belhaj, holding that the foreign act of state doctrine precluded the court from hearing the case. In October 2014, the Court of Appeal overturned the High Court’s decision in Belhaj, ruling that neither sovereign immunity nor foreign act of state applied to bar the claimants’ claims. Read the full judgment  EWCA Civ 1394.
In November 2014, the High Court found in Rahmatullah that neither sovereign immunity nor foreign act of state barred the claimant’s claims. Read the full judgment  EWHC 3846 (QB).
The UK Government appealed in both Belhaj and Rahmatullah, and the appeals were joined at the Supreme Court.