Abd Al-Rahim Al-Nashiri v Security Service & Ors

Abd Al-Rahim Al-Nashiri v Security Service & Ors

Mr Al-Nashiri did not fall within the jurisdiction of the UK for purposes of Article 1 ECHR at any material time, even if facts as pleaded are true; acquiescence or complicity by UK agencies is insufficient to establish jurisdiction; only direct exercise of authority and control or effective control of area suffices under current European Court jurisprudence.

Parties
Complainant: Abd Al-Rahim Al-Nashiri; Respondent: Security Service; Respondent: Secret Intelligence Service; Respondent: Government Communications Headquarters; Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
21 June 2023
Procedural Posture
Complaint and Claim Under RIPA and HRA / Final Determination of Preliminary Issue
Outcome
Preliminary issue determined against the Complainant; human rights claim under section 65(2)(a) of RIPA fails.
Legal Topics
Jurisdiction Under Article 1 ECHR, Complicity in Torture, Extra Territorial Application of ECHR, State Responsibility, Judicial Review Principles
Human Rights Public Law International Law Jurisdiction Under Article 1 ECHR Complicity in Torture Extra Territorial Application of ECHR State Responsibility Judicial Review Principles

Case Brief

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Parties

Abd Al-Rahim Al-Nashiri

Complainant

Security Service

Respondent

Secret Intelligence Service

Respondent

Government Communications Headquarters

Respondent

Ministry of Defence

Respondent

Procedural Posture

Complaint and Claim Under RIPA and HRA / Final Determination of Preliminary Issue

Legal Issues

  1. 1 Whether Mr Al-Nashiri fell within the jurisdiction of the UK for purposes of Article 1 ECHR at material times
  2. 2 Whether alleged complicity or acquiescence by UK agencies suffices for jurisdiction under Article 1 ECHR

Ratio Decidendi

Mr Al-Nashiri did not fall within the jurisdiction of the UK for purposes of Article 1 ECHR at any material time, even if facts as pleaded are true; acquiescence or complicity by UK agencies is insufficient to establish jurisdiction; only direct exercise of authority and control or effective control of area suffices under current European Court jurisprudence.

Court Disposition

Preliminary issue determined against the Complainant; human rights claim under section 65(2)(a) of RIPA fails.

Orders

  • Final decision on preliminary issue: Complainant did not fall within UK jurisdiction for purposes of Article 1 ECHR.
  • Respondents granted six weeks from judgment date to file any objections to consideration of complaint under section 65(2)(b) of RIPA, including objections to amendment and time extension.