Miscarriages of JusticeUK (MOJUK) 22 Berners St, Birmingham B19 2DR municado, without any judicial supervision, and were subject to mistreatment and torture”. Tele: 0121- 507 0844 Email: [email protected] Web: www.mojuk.org.uk The then director of MI5, Eliza Manningham-Buller, was said to have thrown out a number of MI6’s staff from her headquarters in Thames House when she discovered their involvement in the extraordi - MOJUK: Newsletter ‘Inside Out’ No 609 (17/11/2016) - Cost £1 nary rendition. When the CPS announced last June there would be no prosecution, it explained: “Officials from the UK did not physically detain, transfer or ill-treat the alleged victims directly, nor did the CPS Decision in Abdel Hakim Belhaj Rendition Case Faces Legal Challenge suspect have any connection to the initial physical detention of either man [Belhaj and Saadi] or their Owen Bowcott, Guardian : The decision by the director of public prosecutions not to charge a families.” But the statement added: “Following careful review, the CPS has concluded that there is suf - former MI6 official for the 2004 abduction and rendition of a Libyan dissident, Abdel Hakim Belhaj, ficient evidence to support the contention that the suspect had been in communication with individuals is to be challenged in court. Lawyers for the human rights organisation Reprieve, which repre - from the foreign countries responsible for the detention and transfer of the Belhaj and Saadi families; sents Belhaj and his family, have lodged a judicial review claim with the high court in London alleg - disclosed aspects of what was occurring to others within this country; and sought political authority for ing that Alison Saunders “erred in law” in declining to prosecute Sir Mark Allen, who was previ - some of his actions albeit not within a formal written process nor in detail which covered all his com - ously head of counter-terrorism at MI6. The 23-page claim and its appendix of secret documents munications and conduct.” Sue Hemming, the head of the CPS’s special crime and counter-terrorism – which record joint CIA-MI6 plans to extract Belhaj from Malaysia and forcibly remove him to the division, said at the time: “Following a thorough investigation, the CPS has decided that there is insuf - torture cells of Muammar Gaddafi’s regime – are the latest twist in a protracted legal saga. ficient evidence to charge the suspect with any criminal offence.” Allen has always denied any wrong - Reprieve alleges that Allen “did not obtain any proper or adequate political approval” for the ren - doing. The CPS declined to comment on the legal challenge to its decision not to prosecute. dition, which was arranged with the then Libyan intelligence chief, Moussa Koussa. The judicial review challenge was drafted by barristers Clare Montgomery QC, Ben Jaffey and Ireland: Darius Savickis Wins €17,225 Damages for Assault by Prison Officers Helen Law. It argues that Saunders misdirected herself about whether rendition amounts to mis - A three-judge Court of Appeal has awarded a convicted rapist €17,225 after he sued the State for conduct in public office. It is a “conduct crime” and not a “results crime”, the submission states. assault, negligence and breach of constitutional rights arising from an assault while he was a pris - “The crime is constituted by the misconduct itself rather than the results that follow from it.” The oner in Castlerea Prison. Overturning the finding of a High Court jury that had initially awarded the submission also claims that Allen’s “admitted failure to properly disclose conduct and involve - man €225, Mr Justice Gerard Hogan stated that it was “very difficult to avoid the conclusion that ment to superiors and ministers may itself amount to misconduct in the context of a ‘rendition’ some of the witnesses tendered by the State told lies… in the course of their evidence”. operation, even if the public officer was unaware of the operation before it took place”. Background: In May 2013, Mr Darius Savickis sued The State for assault, negligence and A lengthy police investigation into the rendition, codenamed Operation Lydd, was carried out breach of constitutional rights arising from an assault while he was a prisoner in Castlerea by Metropolitan detectives. Last month the mayor of London, Sadiq Khan, seemed to suggest Prison. In the High Court, the jury found that he had been assaulted by prison officers and the police had recommended that Allen should be charged. Answering questions in the London awarded him €4,500 in damages, reduced to €225 after finding 95% contributory negligence assembly about the inquiry, he said: “The Metropolitan police submitted a comprehensive file of on Mr Savickis’ part.Mr Savickis had been convicted of rape in February 2009 and was serv - evidence (in excess of 28,000 pages) to the Crown Prosecution Service seeking to demonstrate ing a six-year prison sentence when the assault took place in Castlerea Prison on 29th that the conduct of a British official amounted to misconduct in public office.” September 2009, resulting in Mr Savickis being taken to hospital.A prison officer confronted Mr Cori Cryder, who is Belhaj’s lawyer, said: “Prosecutors should never bend over backwards to pro - Savickis and placed his head in a headlock while Mr Savickis clung to the railings in an effort tect the powerful. But that is precisely what happened here. The CPS was so keen to excuse Sir to resist being moved towards the exercise yard. At that point perhaps four to five more prison Mark’s actions that they invented creative excuses for his conduct that aren’t a legal defence to the officers quickly arrived and prised Mr Savickis from the railings and totally subdued him. crimes he was accused of. “They have treated Sir Mark’s victims appallingly, calling the family’s Mr Savickis did not respond to the actions of the prison officer in an aggressive manner; he did not views ‘irrelevant’ and refusing to address a single page of the reams of evidence [given] to police. attempt to strike out at the prison officer and did no more than cling to the railing. It was clearly evident They’ve even threatened to pursue the family for legal costs when the family have offered to drop in the CCTV footage that as he was being subdued by the prison officers using control and restraints all cases for just an official apology and pocket change. Should you ever find yourself on the wrong (C & R) techniques, he was struck three to four times by a particular prisoner officer with punches to side of the law, it seems, it very much helps if you come from the top of MI6.” the chest.Mr Savickis was subsequently brought to Roscommon County Hospital later evening and MI6 involvement in the rendition was confirmed after the collapse of Gaddafi regime in 2011 when the medical and nursing notes on admission showed bruising on his face and forehead, trauma injury fax messages from Allen to Koussa were discovered in Tripoli that suggested a “joint penetration oper - to his chest and traces of blood in his urine – consistent with “a blunt blow to the patient.” ations” be conducted against the Libyan Islamic Fighting Group, of which the exiled Belhaj was a promi - Mr Savickis subsequently commenced proceedings for damages for assault, negligence and nent member. Barely two weeks after the abduction of Belhaj – along with his pregnant wife, Fatima breach of constitutional rights.In summary, the jury found that although Mr Savickis had been assault - Boudchar – Allen was present in Libya, it is claimed, when the then UK prime minister, Tony Blair, met ed, he was guilty of 95% contributory negligence. The jury also found that the State authorities had Gaddafi in his tent. The legal claim says that while Belhaj and another rendered suspect, Sami al- been negligent in the manner in which they had provided training for staff in control and restrain tech - Saadi, were in Libyan detention, “the UK security and intelligence services sought and obtained access niques. All other claims were rejected by the jury.The jury ultimately awarded Mr Savickis the sum of to them and interrogated them in circumstances where it was obvious they were being held incom - €225 – representing a gross award of €4,500 reduced by 95%. The Court of appeal upheld the jury’s conclusions that the State authorities were entitled to suite using her own discretion. The force decided that the Custody Sergeant should face use appropriate force against Mr Savickis once he had refused to obey a lawful direction from management action in the form of advice from a senior officer, including a focus on the Alcohol the prison officer; and that the use of the C & R techniques was appropriate, but that these tech - and Drugs section of the Custody Detention Policy. niques had been applied in a negligent fashion due to inadequate training. Justice Hogan was As part of the IPCC’s independent investigation a doctor’s report stated that as Mr Yafai did satisfied that the excessive force used in the circumstances must be understood as amounting not appear on CCTV to be under the influence of drugs while being booked into custody, any to a finding (clearly supported by both the CCTV evidence and the relevant medical evidence) medical intervention would likely have consisted of observation and therefore would probably that Mr Savickis was unlawfully struck three or four times by a prison officer while he was sub - not have changed the outcome. The IPCC investigator’s conclusions included a recommen - ject to a C & R restraint. Justice Hogan considered that the jury’s award of damages in respect dation to the force that observation levels should be detailed in custody record risk assess - of the negligent use of the C & R techniques could not be disturbed, but that the jury’s finding of ments, which did not happen in Mr Yafai’s case.