The Investigatory Powers Tribunal has delivered an important ruling concerning the public law obligations of the UK’s security and intelligence services in respect of information and intelligence sharing with foreign states where there is a risk of detainees being tortured or subjected to cruel, inhuman or degrading treatment.
In an OPEN ruling delivered in a case brought by two individuals who are detained at Guantanamo Bay, the Tribunal held that (i) the UK’s security and intelligence services must assess whether a detainee faces a risk of torture or CIDT before they share information about that detainee with a foreign intelligence service; and (ii) they could not lawfully engage in such liaison with a foreign intelligence service “if they either knew or reasonably ought to have known that a detainee was at risk of being subjected to” torture or CIDT.
The Tribunal’s OPEN judgment is available here.
Edward Craven KC and Florence Iveson represented the First Complainant. Hugh Southey KC and Robbie Stern represented the Second Complainant.”