Bahrain loses bid to block dissidents' spyware lawsuit in UK
UK Supreme Court rules on Bahrain spyware case
By Sam Tobin
Background of the lawsuit
LONDON, July 27 (Reuters) - Bahrain cannot claim state immunity to block a spyware lawsuit brought in Britain by two dissidents, the United Kingdom's top court ruled by a majority on Monday, in a ruling one judge warned would put Britain in breach of international law.
Saeed Shehabi and Moosa Mohammed allege Bahrain infected their computers with spyware FinSpy in around 2011, allowing agents to monitor their work with political prisoners.
The men, who both live in Britain, sued Bahrain at London's High Court in 2020, seeking damages for what they said was "psychiatric harm" as a result of discovering the hacking.
Bahrain's defense and legal arguments
Bahrain denies hacking Shehabi and Mohammed's laptops and has for several years sought to claim state immunity to defeat the lawsuit, appealing last year to the UK's highest court.
The Supreme Court on Monday dismissed Bahrain's appeal by a three-to-two majority, ruling that the alleged surveillance was initiated from abroad but took place in Britain and came within the personal injury exception to state immunity under UK law.
One of two dissenting judges, however, said refusing to uphold Bahrain's immunity and allowing Shehabi and Mohammed's case to proceed will "place the United Kingdom in breach of international law".
Reactions to the ruling
Activists' response
ACTIVISTS CLAIM SIGNIFICANT VICTORY
"The era of abusing victims while hiding behind state immunity is over," Mohammed said in a statement.
"This is not just a victory for us, but for everyone targeted by authoritarian states beyond their own borders," Shehabi added. "The court's message is clear: states that abuse people on British soil will be held accountable."
Official and legal commentary
Bahrain's Global Communication Office did not immediately respond to an emailed request for comment.
The case is now expected to return to the High Court and Jehad Mustafa, a partner at law firm Farrer & Co, said the Supreme Court's ruling could lead to more similar cases.
Potential impact on international relations
"By holding that a foreign state can face proceedings in England for sovereign conduct directed from abroad, the UK has become an outlier in the international community," he said.
"The decision will likely make London the preferred forum for a range of claims against states. Some may welcome this, but it will likely have a major effect on the UK's international relations."
Related cases
In a separate case, Saudi Arabia unsuccessfully sought to invoke state immunity to block an activist's lawsuit over the alleged use of spyware in 2022. The kingdom was ordered to pay just over £3 million ($4 million) in damages in January.
(Reporting by Sam Tobin; Editing by Michael Holden and David Holmes)
