Devdiscourse
UK Supreme Court Rules Against Bahrain in Spyware Case Involving Dissidents
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The UK Supreme Court has ruled that Bahrain cannot claim state immunity to block a lawsuit from two dissidents, Saeed Shehabi and Moosa Mohammed, who allege that Bahraini agents used spyware, FinSpy, to monitor them since 2011. The court's 3-2 decision allows the case to proceed, stating that the surveillance, although initiated from abroad, occurred on British soil and falls under the personal injury exception to state immunity. The plaintiffs claim they suffered psychiatric harm due to the hacking, which was revealed in 2014 through disclosures by WikiLeaks. Bahrain has denied the allegations and sought to invoke state immunity, but the court found that the claims could be adjudicated in the UK. The ruling could have significant implications for international law and the UK's diplomatic relations. The case is expected to return to the High Court for further proceedings.
Key Points: • The UK Supreme Court ruled Bahrain cannot claim state immunity in a spyware lawsuit. • Dissidents Saeed Shehabi and Moosa Mohammed allege they were hacked by Bahraini agents using FinSpy. • The ruling allows similar future claims against states for actions initiated abroad but affecting individuals in the UK.