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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Donald Trump vs Barack Obama: How the inauguration speeches compared

We compared the two presidents on trade, foreign affairs and climate change – so you (really, really) don't have to.

After watching Donald Trump's inaugural address, what better way to get rid of the last few dregs of hope than by comparing what he said with Barack Obama's address from 2009? 

Both thanked the previous President, with Trump calling the Obamas "magnificent", and pledged to reform Washington, but the comparison ended there. 

Here is what each of them said: 

On American jobs

Obama:

The state of our economy calls for action, bold and swift.  And we will act, not only to create new jobs, but to lay a new foundation for growth.  We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together.  We'll restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost.  We will harness the sun and the winds and the soil to fuel our cars and run our factories.  And we will transform our schools and colleges and universities to meet the demands of a new age.

Trump:

For many decades we've enriched foreign industry at the expense of American industry, subsidized the armies of other countries while allowing for the very sad depletion of our military.

One by one, the factories shuttered and left our shores with not even a thought about the millions and millions of American workers that were left behind.

Obama had a plan for growth. Trump just blames the rest of the world...

On global warming

Obama:

With old friends and former foes, we'll work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet.

Trump:

On the Middle East:

Obama:

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West, know that your people will judge you on what you can build, not what you destroy. 

Trump:

We will re-enforce old alliances and form new ones and unite the civilized world against radical Islamic terrorism, which we will eradicate completely from the face of the earth.

On “greatness”

Obama:

In reaffirming the greatness of our nation we understand that greatness is never a given. It must be earned.

Trump:

America will start winning again, winning like never before.

 

On trade

Obama:

This is the journey we continue today.  We remain the most prosperous, powerful nation on Earth.  Our workers are no less productive than when this crisis began.  Our minds are no less inventive, our goods and services no less needed than they were last week, or last month, or last year.  Our capacity remains undiminished.  

Trump:

We must protect our borders from the ravages of other countries making our product, stealing our companies and destroying our jobs.

Protection will lead to great prosperity and strength. I will fight for you with every breath in my body, and I will never ever let you down.

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland