This appeal is concerned with the law which is applicable to torts allegedly committed by the Security Service and the Secret Intelligence Service (together ‘the Services’) against a detainee subjected to so-called ‘enhanced interrogation techniques’ by the United States Central Intelligence Agency (‘the CIA’). The essence of the claimant’s claim is that the Services were aware that the claimant was being subjected to extreme mistreatment and torture at secret CIA ‘black sites’ in six different countries, but nevertheless sent numerous questions with a view to the CIA eliciting information from him, expecting and intending (or at any rate not caring) that the claimant would be subject to such mistreatment and torture at interrogation sessions conducted for the purpose of attempting to obtain this information.
The claimant contends that by acting in this way the Services committed the torts of misfeasance in public office, conspiracy to injure, trespass to the person, false imprisonment and negligence; and that the defendants are vicariously liable for their conduct.
Judges:
Dame Victoria Sharp,
President of the Queen’S Bench Division
Lady Justice Thirlwall
And
Lord Justice Males
Citations:
[2022] EWCA Civ 334
Links:
Jurisdiction:
England and Wales
Police, Torts – Other
Updated: 16 June 2022; Ref: scu.674566