UK: Supreme Court ruling on Bahrain spyware case sends a clear message against transnational repression

The UK Supreme Court today dismissed an appeal by Bahrain, which has been claiming state immunity against a long running lawsuit filed by two political activists, Saeed Shehabi and Moosa Mohammed for allegedly suffering psychological harm after their laptops were infected with FinSpy spyware while they were in the UK, in an operation they believe was authorized and directed by the Bahraini government.

In response Stanley Kwenda, Strategic Communications Advisor at Amnesty International said:

“In establishing that the remote infection of devices from abroad constitutes an ‘act in the UK’, this ruling opens new avenues for justice and sends a signal that tech-enabled transnational repression will no longer be tolerated.

“This is an important step for the two claimants and other spyware victims both in the UK and internationally who have been fighting for accountability. This ruling provides them with clarity and a clear legal pathway to pursue justice in UK courts. Governments may no longer be able to hide behind state immunity.

“Let this serve as a stark warning that the unlawful cross-border use of invasive surveillance technologies to target human rights defenders will face legal action.”

Background

Dr Saeed Shehabi and Moosa Mohammed, both prominent Bahraini activists living in London, allege that their computers were infected with FinSpy, by agents acting on behalf of the Bahraini government in September 2011.

Finspy is a commercial spyware produced by the now defunct Munich-based company FinFisher GMBH. It has been used against journalists and activists in several countries around the world.

Bahrain had previously challenged the case at the High Court and the Court of Appeal, arguing that its actions as a sovereign state were immune from the jurisdiction of UK courts. Both courts ruled against Bahrain, a position now upheld by the Supreme Court. The case is now expected to return to the High Court where it will proceed to full trial.