News
Court of Appeal orders habeas writ against Secretary of State for Foreign Affairs
DATE: 15 Dec 2011YUNUS RAHMATULLAH v (1) SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2) SECRETARY OF STATE FOR DEFENCE [2011] EWCA Civ 1540
The Court of Appeal (Master of the Rolls, Maurice Kay and Sullivan LJJ) issued a writ of habeas corpus against the Secretary of State for Foreign Affairs for the production of Yunus Rahmatullah who is currently held by the US in Bagram Detention Facility, Afghanistan. Mr Rahmatullah was captured in Iraq by British forces in 2004 and handed over to US forces under a memorandum of understanding which provided for his return if the British so requested. The purpose of the Memorandum was to ensure compliance by the UK Government with the Geneva Conventions. The US then transferred him to Bagram and he has been held there for 7 years without trial. The case concerned whether the UK Government retained sufficient “control” over him, by reason of the right to request the Americans to return him either under the Memorandum or the Geneva Convention itself, for it to be appropriate to issue a writ of habeas corpus. The Court of Appeal found that there was sufficient control for the writ to be issued.
For press coverage please see below:
BBC
Nathalie Lieven QC was leading counsel for Mr Rahmatullah
