Investigatory Powers Tribunal agrees to investigate alleged UK complicity in rendition of Abd Al-Nashiri


In a judgment handed down on 27 October 2023, the Investigatory Powers Tribunal (“IPT”) has determined that it will consider further the complaint brought by Abd Al-Rahim Al-Nashiri.

Mr Al-Nashiri is a serving prisoner in Guantánamo Bay. Following his arrest in Afghanistan, between 2002 and 2006 he was rendered by the US security services across black sites in Europe, North Africa and South-East Asia. His torture and mistreatment at the hands of the CIA and overseas associates has been well-documented, including in two previous judgments of the European Court of Human Rights. His complaint before the IPT relates to the alleged involvement of the Home Office, MI5 and MI6 in that mistreatment.

Under the Regulation of Investigatory Powers Act 2000 (“RIPA”) it is possible to bring human rights “claims” before the IPT, alleging breaches of the European Convention on Human Rights (“ECHR”) as well as “complaints” alleging public law wrongs on the part of the intelligence services. Earlier this year, the IPT declined to consider Mr Al-Nashiri’s ECHR claim, finding that the alleged human rights breaches fell outside the jurisdiction of the UK for the purposes of Article 1 ECHR.

However, following further written submissions of the parties, the IPT has determined that it will continue to investigate Mr Al-Nashiri’s complaint, finding that the ”underlying issues are of the gravest possible kind”.

Mr Al-Nashiri is represented by Hugh Southey KC, Blinne Ní Grálaigh KC and Robbie Stern, instructed by Kenneth Carr of Sternberg Reed and Nancy Hollander of Freedman Boyd Hollander & Goldberg P.A.