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.

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The top 10 reasons Brexit isn't working, according to Brexiteers

We'd have got away with it, if it weren't for that pesky Mark Carney. 

Over the next few years, it is likely that the economy will shrink, that the entire government will be consumed by trade negotiations at the expense of every other priority, and that EU leaders will use their considerable negotiation advantages to theatrically screw us. As this unpretty story unfolds, those who argued confidently for Brexit, in parliament and in the press, will feel compelled to maintain that they were right, and that if it hadn’t been for some other impossible-to-foresee factor everything would be going splendidly. What follows is an attempt to anticipate the most predictable post-rationalisations; I’m sure there will be more creative efforts.

1. WHITEHALL SABOTAGE. If we’re making no progress in trade negotiations, that’s because the civil service is doing its best to scupper a successful Brexit. That power-crazed madman Jeremy Heywood will stop at nothing to ensure he is bossed by Brussels, and the snooty bastards at the Treasury are working to subvert the national will out of spite. Even as our finest ministers strive manfully to cut Britannia free of its enslaving chains, all they hear from functionaries is “It’s a bit more complicated than that”. It’s only complicated because they want it to be.
 

2. REMAINERS TALKING DOWN THE COUNTRY. God knows we tried to reach out to them, with our gently teasing admonitions for being elitist snobs who just needed to get over it. But did they concede that a glorious future is at hand, if only we all wish for it? No, my friends, they did not. Instead, they sulkily point out how the things they predicted would happen are in fact happening, as if this somehow proves they were right. And since, inexplicably, the world agrees them, the whiners’ prophecy is being fulfilled.
 

3. THE GLOBAL ECONOMY. It appears the UK economy has sunk into a recession. Now, the whiners will tell you that this has got something to do with the vast uncertainty created by taking a fundamental decision about the nation’s future without a clue about how to implement it. In reality, of course, the recession has been caused by the same global economic headwinds that had absolutely nothing to do with the 2008 financial crisis, which was all Gordon Brown's fault.
 

4. ECONOMISTS. Since they nearly all said that Britain would be worse off if it voted Out, they now feel compelled to tell us that things are indeed worse. OK, maybe they are worse. But think about it: if we hadn’t voted Out, the economy might be even more calamitously buggered than it is now. This is logically unassailable. But do economists ever point it out? Do they Brussels. Yet sadly, global businesses, investors, consumers, and lots of other people who frankly lack gumption or vision, take these so-called experts seriously.
 

5. MARK CARNEY. Let’s get this straight: the Canadian governor of the Bank of England doesn’t want Britain to succeed, because then we’d be a direct competitor to his motherland. But with his honeyed voice and perpendicular jaw and incessant references to “data”, this man has gone a long way to convincing much of the public that he is some kind of disinterested authority on Britain’s economy. In reality, of course, he is out to destroy it, and seems to be making a pretty good fist of doing so.
 

6. EU BUREAUCRATS. You know those people we spent years attacking for being interfering, self-enriching, incompetent fools? Turns out they are now keen to make our lives as difficult as possible. The way to deal with this, of course, is to mount a national campaign of vilification. Another one. Before long they will be begging for mercy.
 

7. THERESA MAY. Look, we all wanted her to succeed. We knew she wasn’t one of us, but she wasn’t exactly one of them either, so we gave her a chance. Yet perhaps it is time to admit the possibility that the Prime Minister isn’t making this work because, when it comes down to it, she just doesn’t share our blood-pumping, sap-extruding belief in Britain unbound. In short, she’s just too damn reasonable. It’s time to embrace the unreasonable man. What’s Boris doing these days?
 

8. THOSE OTHER BREXITEERS (i). Not only can we not get the Remainers to present a united front to Brussels, it seems that we can’t even rely on our fellow Brexiteers. Most of us are on the same page: take back control of our borders, blue passports, compulsory blazers, onwards and upwards to the sunlit uplands. But there are some among our own ranks who frankly don’t get it. These latte-sipping media types simper on endlessly about the importance of retaining access to the single market and seem awfully keen on Norway. Why don’t they just go and join Remain?
 

9. THOSE OTHER BREXITEERS (ii). Hey guys, the problem is this: Brexit got hijacked by the roast beef and two veg brigade, OK? For us it was always about unleashing the entrepreneurial spirit, shaking off the dead hand of Eurocrat regulation, being more human, that kind of thing. We had to go along with all that anti-immigration stuff but believe me we were biting our tongues and crossing our fingers. Some of our best friends are Turkish.
 

10. NONSENSE, IT IS WORKING.

Ian Leslie is a writer, author of CURIOUS: The Desire to Know and Why Your Future Depends On It, and writer/presenter of BBC R4's Before They Were Famous.