Equality and Human Rights Commission v Prime Minister & Ors

Equality and Human Rights Commission v Prime Minister & Ors

There is no material difference between 'serious risk' and 'real risk' in the context of the Guidance; the Guidance does not misstate the law and is not unlawful on its face. The hooding exception in the Annex is unworkable and should be changed to omit hooding from the exception, as Government policy prohibits hooding.

Parties
Claimant: Equality and Human Rights Commission; Claimant: Alaa’ Nassif Jassim Al Bazzouni; Defendant: The Prime Minister; Defendant: The Secretary of State for Foreign and Commonwealth Affairs; Defendant: The Secretary of State for the Home Department; Defendant: The Secretary of State for Defence; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
03 October 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims dismissed in part; permission granted for judicial review on limited grounds; claim by Al Bazzouni succeeds to extent indicated.
Legal Topics
Torture, Cruel, Inhuman or Degrading Treatment, Secondary Liability, Government Guidance, Standing, Hooding, Complicity, Customary International Law
Public Law Human Rights Criminal Law International Law Torture Cruel, Inhuman or Degrading Treatment Secondary Liability Government Guidance +4 more

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Parties

Equality and Human Rights Commission

Claimant

Alaa’ Nassif Jassim Al Bazzouni

Claimant

The Prime Minister

Defendant

The Secretary of State for Foreign and Commonwealth Affairs

Defendant

The Secretary of State for the Home Department

Defendant

The Secretary of State for Defence

Defendant

The Attorney General

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Government's Guidance on detainee treatment misstates the legal threshold for risk of torture or CIDT ('serious risk' vs 'real risk')
  2. 2 Whether the Guidance unlawfully condones hooding of detainees by foreign liaison services

Ratio Decidendi

There is no material difference between 'serious risk' and 'real risk' in the context of the Guidance; the Guidance does not misstate the law and is not unlawful on its face. The hooding exception in the Annex is unworkable and should be changed to omit hooding from the exception, as Government policy prohibits hooding.

Court Disposition

Claims dismissed in part; permission granted for judicial review on limited grounds; claim by Al Bazzouni succeeds to extent indicated.

Orders

  • Permission granted to bring judicial review proceedings on Ground 3 only for EHRC; claim dismissed.
  • Permission granted to Al Bazzouni; claim succeeds to extent indicated; no declaration or substantive relief granted.