Rahmatullah and Another v The Ministry of Defence and Another: QBD 10 Mar 2020

(Open judgment agreed after hearing using closed material) The claimants in this case are Pakistani nationals both of whom allege that they were captured by British forces in Iraq in February 2004. They contend that they were subsequently handed over to United States’ control and, thereafter, taken to Afghanistan where they were subjected to prolonged detention, torture and mistreatment.
The case against the defendants is based upon three broad categories of allegation:
i. mistreatment by UK personnel upon arrest and before the claimants were transferred to United States’ control;
ii. transfer to United States’ control; and
iii. failures thereafter to intervene to bring the claimants’ detention to an end and/or stop the United States’ authorities from further mistreating them (‘the return claim’)
The claims are strenuously denied.
This hearing considered the issue of disclosure.

Judges:

Turner J

Citations:

[2019] EWHC 3849 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces, Human Rights, Litigation Practice, Evidence

Updated: 09 December 2022; Ref: scu.652256