Al-Waheed v Ministry of Defence: SC 17 Jan 2017

‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on Human Rights, which provides that no one shall be deprived of his liberty except in six specified cases and in accordance with a procedure prescribed by law. They also rely on article 5(4), which requires that the detainee should be entitled to take proceedings by which the lawfulness of his detention may be tested. The appeals have been heard together with a view to resolving one of the more controversial questions raised by such actions, namely the extent to which article 5 applies to military detention in the territory of a non-Convention state in the course of operations in support of its government pursuant to mandates of the United Nations Security Council.’
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson, Lord Hodge
[2017] UKSC 2, [2017] 3 All ER 215, 43 BHRC 137, [2017] AC 821, [2017] 2 WLR 327, [2017] WLR(D) 50, [2017] HRLR 1, UKSC 2014/0219
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC Summary video
European Convention on Human Rights 5(1) 5(4), Human Rights Act 1998
England and Wales
Cited by:
See AlsoBelhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
See AlsoRahmatullah (No 2) v Ministry of Defence and Another SC 17-Jan-2017
‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and . .

These lists may be incomplete.
Updated: 15 January 2021; Ref: scu.573212