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Rendition case against UK to proceed after appeal court ruling | Rendition case against UK to proceed after appeal court ruling |
(34 minutes later) | |
A Libyan man can sue the UK government over claims he was illegally sent back to Libya and tortured, the Court of Appeal has ruled. | A Libyan man can sue the UK government over claims he was illegally sent back to Libya and tortured, the Court of Appeal has ruled. |
Abdul-Hakim Belhaj alleges that former Foreign Secretary Jack Straw and MI6 were complicit in arranging he and his wife's rendition from China in 2004. | |
The High Court had ruled the case could not be heard in UK courts because it could damage foreign relationships. | The High Court had ruled the case could not be heard in UK courts because it could damage foreign relationships. |
But judges said the claims were so "grave" a court should hear them. | But judges said the claims were so "grave" a court should hear them. |
Mr Belhaj's lawyer Sapna Malik said after the ruling: "It's a very significant step forward to these cases finally being heard in the British courts." | |
Mr Straw and the government have been given leave to appeal to the Supreme Court. | |
The Foreign Office said it was considering whether to make an appeal application. The case would not be heard until after any appeal. | |
'Public interest' | 'Public interest' |
Mr Belhaj, who was a leading figure in Libya's rebel movement before Colonel Muammar Gaddafi was killed, claims British intelligence provided information that facilitated his rendition, along with his wife Fatima Boudchar. | |
Last year, Mr Justice Simon ruled at the High Court that the case against Mr Straw and Sir Mark Allen, ex-head of counter-terrorism at MI6, should be thrown out. | |
The government had argued an English court could not adjudicate on claims of rendition and torture in Libya, even though UK officials allegedly knew about them. | |
The judge said that because most of the claims related to officials in China, Malaysia, Thailand and Libya they were "non-justiciable" in the UK. | |
But on Thursday, appeal court judges said the proceedings were not barred by state immunity. | |
"There is a compelling public interest in the investigation by the English courts of these very grave allegations," they ruled. | "There is a compelling public interest in the investigation by the English courts of these very grave allegations," they ruled. |
Compensation claim | |
Mr Belhaj was jailed for six years after he was returned to Libya. Mrs Boudchar was also imprisoned, but released shortly before giving birth. | |
The couple are seeking compensation for what they say is the UK's involvement in their abduction, detention and rendition. | |
Mr Straw, who Labour home secretary at the time, has denied being aware of the rendition and allowing it to happen. |