Devdiscourse UK Supreme Court Denies Bahrain State Immunity in Spyware Case
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- •The UK Supreme Court ruled Bahrain cannot claim state immunity in a spyware lawsuit.
- •Dissidents Saeed Shehabi and Moosa Mohammed allege their computers were hacked with FinSpy in 2011.
- •The ruling allows for potential accountability of foreign states for cyber actions conducted from abroad.
The UK Supreme Court ruled that Bahrain cannot claim state immunity against a lawsuit by two dissidents, Saeed Shehabi and Moosa Mohammed, who allege their computers were hacked with FinSpy spyware in 2011. The court's decision, made by a 3-2 majority, allows the case to proceed, asserting that the alleged surveillance occurred in the UK, thus falling under the personal injury exception to state immunity. The plaintiffs claim to have suffered psychiatric harm after discovering the hacking in 2014. Bahrain has denied the allegations and sought immunity based on the argument that the surveillance was conducted from abroad. This ruling could set a precedent for future cases against foreign states in the UK. The case is expected to return to the High Court for further proceedings.
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