Rendition case against UK to proceed

A Libyan man can sue the UK government over claims he was illegally sent back to Libya and tortured, the Court of Appeal has ruled.

Abdul-Hakim Belhaj alleges that former Foreign Secretary Jack Straw and MI6 were complicit in arranging he and his wife's rendition from China in 2004.

The High Court had ruled the case could not be heard in UK courts because it could damage foreign relationships.

But judges said the claims were so "grave" a court should hear them.

Mr Belhaj's lawyer Sapna Malik said after the ruling: "It's a very significant step forward to these cases finally being heard in the British courts."

Mr Straw and the government have been given leave to appeal to the Supreme Court.

The Foreign Office said it was considering whether to make an appeal application. The case would not be heard until after any appeal.

Mr Belhaj, who was a leading figure in Libya's rebel movement before Colonel Muammar Gaddafi was killed, claims British intelligence provided information that facilitated his rendition, along with his wife Fatima Boudchar.

Last year, Mr Justice Simon ruled at the High Court that the case against Mr Straw and Sir Mark Allen, ex-head of counter-terrorism at MI6, should be thrown out.

The government had argued an English court could not adjudicate on claims of rendition and torture in Libya, even though UK officials allegedly knew about them.

The judge said that because most of the claims related to officials in China, Malaysia, Thailand and Libya they were "non-justiciable" in the UK.

But on Thursday, appeal court judges said the proceedings were not barred by state immunity.

"There is a compelling public interest in the investigation by the English courts of these very grave allegations," they ruled.

Mr Belhaj was jailed for six years after he was returned to Libya. Mrs Boudchar was also imprisoned, but released shortly before giving birth.

The couple are seeking compensation for what they say is the UK's involvement in their abduction, detention and rendition.

Mr Straw, who Labour home secretary at the time, has denied being aware of the rendition and allowing it to happen.

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