Home > Cases > Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah (Supreme Court)

The Supreme Court gave judgement upholding the Court of Appeal decision that a writ of habeas corpus was appropriately issued to the Secretary of State  for FCA. Mr Rahmatullah was captured by British Forces in Iraq in 2004 and transferred to the US forces. He was then taken out of Iraq to Afghanistan without the approval of the UK Government, in breach of both a memorandum of understanding and the Geneva Convention on the treatment of prisoners of war and civil detainees. He has been detained by the US In Bagram, Afghanistan ever since. The Court of Appeal issued a writ of habeas corpus on the grounds that the UK arguably retained sufficient control over Mr Rahmatullah for the writ to run. The Supreme Court (7-0) upheld the Court of Appeal’s decision. After the Court of Appeal’s decision the writ was discharged, and the Supreme Court rejected cross appeal.

Nathalie Lieven QC successfully represented Mr Rahmatullah

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