The claimant sought a declaration that the acts of the defendants had contributed to his unlawful rendition into US custody during the Iraq War, and that such actions were criminal. The Defendants applied for a declaration that these are proceedings in which a closed material application may be made pursuant to section 6 of the 2013 Act.
Popplewell J said: ‘Whilst this is a matter for more detailed consideration at the section 8 stage, it appears to me to be very unlikely that the material could be put into open or made available to the claimants or their legal representatives in a way which would better promote a fair and effective trial than a closed material procedure. As I have observed, much of the material can only properly be understood and weighed in the context of a substantial part of the material as a whole, such that gisting is unlikely to provide a realistic solution in most instances. Sittings in private and/or the use of confidentiality rings are unlikely to provide a satisfactory solution, both because of the risk of disclosure, even inadvertent, and because of the hobbling effect on the conduct of the claimants’ case if, as is almost inevitable, they were themselves to be excluded from the confidentiality ring . . These claims are brought not only against the Government, but against two named individuals who both wish to have a real and fair opportunity to defend themselves, but who cannot do so unless there is a closed material procedure.’
Popplewell J
[2017] EWHC 1861 (QB)
Bailii
Justice and Security Act 2013 6
England and Wales
Citing:
See Also – Belhaj 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 Also – Belhaj and Another v Straw and Others QBD 21-Jul-2017
The claimant sought a declaration that the acts of the defendants had contributed to his unlawful rendition into US custody during the Iraq War, and that such actions were criminal. The Defendants applied for a declaration that these are proceedings . .
Cited by:
See Also – Belhaj and Another v Straw and Others QBD 21-Jul-2017
The claimant sought a declaration that the acts of the defendants had contributed to his unlawful rendition into US custody during the Iraq War, and that such actions were criminal. The Defendants applied for a declaration that these are proceedings . .
See Also – Belhaj and Another v Director of Public Prosecutions Admn 1-Dec-2017
The claimants alleged that the defendants had been involved in their unlawful rendition in 2004 from Thailand to Libya, in particular now challenging by judicial review the decision not to prosecute certain senior British Officers. . .
See Also – Belhaj and Another v Director of Public Prosecutions and Others Admn 15-Mar-2018
A claim that the DPP erred in her decision not to prosecute for alleged involvement in the unlawful rendition of the Claimants to Libya. . .
See Also – Belhaj and Others v Director of Public Prosecutions and Others Admn 15-Mar-2018
Second judgment on the scope of privilege to which we have both contributed – inadvertent disclosure . .
See Also – Belhaj and Another v Director of Public Prosecutions and Others Admn 3-May-2018
Incorrect disclosure of non-redacted material in closed hearing. . .
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.591302
