A British court ruled (PDF [5]) Oct. 30 that a former Libyan rebel commander can sue the British government for its alleged role in his detention and rendition. In 2004, Abdel Hakim Belhaj [6] and his wife were arrested in Bangkok, Thailand, and returned to Muammar Qaddafi's Libya, where he spent years in prison. Belhaj first filed [7] the lawsuit in 2012. Last year the British High Court threw out the claim, saying it was not a matter for the British courts and barred by the Acts of State doctrine. However, the Court of Appeal [8] has now found that the claim is not barred because "it falls within a limitation on grounds of public policy in cases of violations of international law and fundamental human rights." The court went on to state that "[u]nless the English courts were able to exercise jurisdiction in this case, these very grave allegations would go uninvestigated and the appellants would be left without any legal recourse or remedy." Along with the British government, Belhaj is attempting to sue former Foreign Secretary Jack Straw and the former head of the British Secret Intelligence Service (SIS), known as M16 [9], for alleged complicity with US intelligence over his treatment.
From Jurist [10], Oct. 30. Used with permission.
