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.


Lord Neuberger MR, Maurice Kay LJ VP, Sullivan LJ


[2011] EWCA Civ 1540, [2012] 1 All ER 1290, [2012] HRLR 9




Geneva Conventions Act 1957 1(1)


England and Wales


Appeal fromRahmatullah v Secretary of State for Foreign Affairs and Another Admn 29-Jul-2011
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 . .

Cited by:

See AlsoRahmatullah 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 . .
Appeal fromSecretary of State for Foreign and Commonwealth Affairs v Rahmatullah SC 31-Oct-2012
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to . .
Lists of cited by and citing cases may be incomplete.

Armed Forces, Human Rights

Updated: 02 June 2022; Ref: scu.450054