Jack Straw faces legal action over his role in rendition

The accusations, background, and implications explained.

Abdel Hakim Belhaj, a military commander in Libya and former dissident, is taking legal action against Jack Straw. Belhaj, a former dissident, was flown to one of Muammar Gaddafi’s prisons in a rendition operation in 2004, alleges that Straw, who was foreign secretary at the time, was complicit in the torture he suffered in Libya. Here is your full guide to the case.

What are the accusations?

In 2004, Belhaj was the leader of the Libyan Islamic Fighting Group, which opposed Gaddafi’s regime. MI5 believed that the group had links to al-Qaeda.

Belhaj claims that he and his pregnant wife, Fatima Bouchar, were detained by CIA agents in Bangkok as they attempted to travel to Britain to claim political asylum. He says that they were taken from Thailand back to Libya, via UK-controlled Diego Garcia, and alleges that they were tortured both during the rendition process and in Libya, where he was imprisoned.

Crucial to this case is the complicity of Britain in providing the intelligence necessary for the rendition process.

Belhaj and his wife accuse Straw of being complicit in the "torture, inhuman and degrading treatment, batteries and assaults" they suffered at the hands of Thai and US agents, and the Libyan authorities.

What is the background?

This issue first surfaced last September, when documents found in an abandoned Libyan government office indicated that MI6, particularly the head of counter-terrorism, Mark Allen, had provided the intelligence that allowed the CIA to detain Belhaj and his wife in March 2004.

At the time, MI6 did not deny involvement. The Guardian quotes Whitehall sources as saying that the agency’s actions were part of "ministerially-authorised government policy".

Why is Jack Straw liable?

Belhaj’s lawyers say that Straw was foreign secretary with responsibility for MI6 at the time of the rendition. They also allege that a 2004 letter from Allen to Libya’s former intelligence chief congratulated Libya on Belhaj’s safe arrival.

Straw is not the only person to face legal action. Papers have already been served in the High Court to sue the UK government, its security forces, and Allen, for damages.

The papers served against Straw allege his complicity in the torture that Belhaj and his wife suffered, as well as misfeasance in public office. They are seeking damages for the trauma.

Why now?

Belhaj’s lawyers decided to serve papers on Straw after a report in the Sunday Times on 15 April which claimed that Straw allowed the incident to happen. The newspaper claimed that Straw admitted that he had approved Belhaj’s secret rendition after MI6 agents presented him with evidence proving that he had signed it off.

What has Straw said on the matter?

Speaking to the BBC’s Today programme last autumn, when these allegations first surfaced, Straw said:

The position of successive foreign secretaries, including me, is that we were opposed to unlawful rendition, opposed to torture or similar methods and not only did we not agree with it, we were not complicit in it, nor did we turn a blind eye to it.

While UK ministers have denied any complicity in rendition or torture, Straw has not commented further, because of the ongoing police investigation into the UK’s alleged role in illegal rendition. The Crown Prosecution Service launched this criminal investigation earlier this year, and Straw already faces questioning.

What next?

Leigh Day and Co, the law firm representing Belhaj, said that they expected Straw’s response to the letter of claim would echo previous responses from government solicitors, which “neither confirm nor deny”.

Due to this, they are seeking a response by close of business on 17 May, as opposed to the six months normally allowed to respond to allegations. They said that after this date, proceedings could be issued without further notice. This would place Straw in the uncomfortable position of defending his actions in court.

If Straw does not admit liability in this time, the law firm said that they expected him to provide the documents detailed in the Sunday Times article, and copies of government communications relating to Belhaj’s case.
 

Jack Straw arrives to give evidence to the Iraq Inquiry, January 2010. Photograph: Getty Images

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

Photo: Getty
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Labour's dilemma: which voters should it try to add to its 2017 coalition?

Should the party try to win over 2017 Conservatives, or people who didn't vote?

Momentum’s latest political advert is causing a splash on the left and the right.

One of the underreported trends of 2016 was that British political parties learnt how to make high-quality videos at low-cost, and Momentum have been right at the front of that trend.

This advert is no exception: an attack that captures and defines its target and hits it expertly. The big difference is that this video doesn't attack the Conservative Party – it attacks people who voted for the Conservative Party.

Although this is unusual in political advertising, it is fairly common in regular advertising. The reason why so many supermarket adverts tend to feature a feckless dad, an annoying clutch of children and a switched-on mother is that these companies believe that their target customer is not the feckless father or the children, but the mother.

The British electorate could, similarly, be thought of as a family. What happened at the last election is that Labour won votes of the mum, who flipped from Conservative to Labour, got two of the children to vote for the first time (but the third stayed home), but fell short because the dad, three of the grandparents, and an aunt backed the Conservatives. (The fourth, disgusted by the dementia tax, decided to stay at home.)

So the question for the party is how do they do better next time. Do they try to flip the votes of Dad and the grandparents? Or do they focus on turning out that third child?

What Momentum are doing in this video is reinforcing the opinions of the voters Labour got last time by mocking the comments they’ll hear round the dinner table when they go to visit their parents and grandparents. Their hope is that this gets that third child out and voting next time. For a bonus, perhaps that aunt will sympathise with the fact her nieces and nephews, working in the same job, in the same town, cannot hope to get on the housing ladder as she did and will switch her vote from Tory to Labour. 

(This is why, if, as Toby Young and Dan Hodges do, you see the video as “attacking Labour voters”, you haven’t quite got the target of the advert or who exactly voted Labour last time.)

That could be how messages like this work for Labour at the next election. But the risk is that Mum decides she quite likes Dad and switches back to the Conservatives – or  that the second child is turned off by the negativity. And don’t forget the lingering threat that now the dementia tax is dead and gone, all four grandparents will turn out for the Conservatives next time. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.