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abqtommy

(14,118 posts)
Thu Mar 17, 2022, 07:28 AM Mar 2022

'UK spies who allegedly passed questions to CIA torturers subject to English law, court rules

Abu Zubaydah, tortured at CIA ‘black sites’ in six different countries, has right to sue UK government.'

From The Guardian

https://www.theguardian.com/law/2022/mar/16/abu-zubaydah-uk-spies-cia-torture-english-law

[UK intelligence services who allegedly asked the CIA to put questions to a detainee who was being tortured in “black sites” were subject to the law of England and Wales and not that of the countries in which he was being held, the court of appeal has ruled.

The three appeal judges were asked to decide whether Abu Zubaydah, who was subjected to extreme mistreatment and torture at secret CIA “black sites” in six different countries, has the right to sue the UK government in England.

At the high court last year, Mr Justice Lane had ruled that the applicable law was the law of the various places where the claimant’s ill-treatment occurred, namely Thailand, Lithuania, Poland, Afghanistan, Morocco and Guantánamo Bay, Cuba. But on Wednesday Lord Justice Males, Lady Justice Thirlwall and Dame Victoria Sharp unanimously allowed the appeal.

In Males’s written judgment, he said: “These are strong connections connecting the tortious conduct with England and Wales. They reflect also the parties’ reasonable expectations. While it is true that the claimant himself had no connection with this country, he could reasonably have expected, if he had thought about it during the 20 years in which he has been detained, that the conduct of any country’s security services having to do with him would be governed by the law of the country concerned. As for the services, they would reasonably have expected that their conduct here would be subject to English law.”]

There's more text and a photo at the link. For background see this DU op from two days ago: https://www.democraticunderground.com/117814948

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