Al Rawi & Ors v the Security Service & Ors (includes Order)

Al Rawi & Ors v the Security Service & Ors (includes Order)

Extraordinary delays in disclosure and constitutional/public importance of claims require decisive action; Guidance documents are relevant and must be disclosed now, subject to PII hearing; objections by defendants do not justify further delay.

Parties
Claimant: Bisher Al Rawi; Claimant: Jamil El Banna; Claimant: Richard Belmar; Claimant: Omar Deghayes; Claimant: Binyam Mohamed; Claimant: Martin Mubanga; Defendant: The Security Service; Defendant: The Secret Intelligence Service; Defendant: The Attorney-General; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
21 June 2010
Procedural Posture
Civil / Interlocutory Application for Disclosure and Inspection
Outcome
Application granted
Legal Topics
Disclosure, Public Interest Immunity, Special Advocates, Detention, Torture, False Imprisonment, Breach of Statutory Duty, Misfeasance in Public Office
Constitutional Law Human Rights Civil Procedure Tort Disclosure Public Interest Immunity Special Advocates Detention +4 more

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Parties

Bisher Al Rawi

Claimant

Jamil El Banna

Claimant

Richard Belmar

Claimant

Omar Deghayes

Claimant

Binyam Mohamed

Claimant

Martin Mubanga

Claimant

The Security Service

Defendant

The Secret Intelligence Service

Defendant

The Attorney-General

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure and Inspection

Legal Issues

  1. 1 Whether claimants are entitled to disclosure and inspection of Guidance documents relating to interrogation and treatment of detainees
  2. 2 Whether a PII certificate should be issued and a PII hearing fixed
  3. 3 Whether a Special Advocate should be appointed

Ratio Decidendi

Extraordinary delays in disclosure and constitutional/public importance of claims require decisive action; Guidance documents are relevant and must be disclosed now, subject to PII hearing; objections by defendants do not justify further delay.

Court Disposition

Application granted

Orders

  • Defendants to disclose and permit inspection of 2002 and 2004 Guidance documents by 10am on 9 July 2010
  • If inspection opposed on grounds of PII, PII certificate to be served by 10am on 9 July 2010 and hearing to be fixed as soon as possible