The claimant, a Pakistani national, detained by US Armed forces in Bagram in Afghanistan, sought a writ of habeas corpus. He had been first captured by British forces in Iraq in 2004, and transferred to US military under a Memorandum of Understanding as to his treatment, and held without trial ever since. A review board had decided in 2010 that he was no longer a threat.
Held: Bagram prison were he was now held was ‘a place said to be notorious for human rights abuses’.
Held: The claimant remained in the custody and control of the USA, and the defendant had no power to direct the claimant’s release.
Judges:
Laws LJ, Silber J
Citations:
[2011] EWHC 2008 (Admin)
Links:
Statutes:
Geneva Conventions Act 1957 1(1)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and Another CA 14-Dec-2011
The claimant appealed against refusal of an order for habeas corpus. He was held by US forces in Afghanistan. He had been captured by British Forces and handed over to US forces and held in Bagram.
Held: The appeal succeeded. . .
See Also – Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and Another (No 2) CA 23-Feb-2012
The claimant had been arrested by UK armed forces in Iraq, and pased to the US against an agreement as to his treatment. He had been taken instead.
Held: The UK needed to have in place an agreement which it could point to as showing that it . .
See Also – Rahmatullah v The Ministry of Defence QBD 19-Nov-2014
. .
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 . .
Lists of cited by and citing cases may be incomplete.
Armed Forces, Torts – Other, Human Rights
Updated: 12 April 2022; Ref: scu.442442
