R (Al Bazzouni) v Prime Minister and others

The Administrative Court has handed down judgment in this judicial review challenge to the Government’s “Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees”. 

The Court (Sir Anthony May PQBD and Mr Justice Keith) upheld Mr Al Bazzouni’s claim that the Guidance unlawfully authorises UK personnel to condone the use of hooding by foreign states where deemed necessary for security reasons during arrest and transit. In the Court’s view, the part of the Guidance which states that hooding will not always constitute cruel, inhuman or degrading treatment is unworkable and officers on the ground should not be encouraged or required to make any judgment which might possibly enable them to go along with hooding.

The case raised numerous interesting and important issues concerning the legality of hooding at common law and under Article 3 ECHR. Taken together with the Government’s policy of not permitting hooding of detainees held in UK custody abroad, the effect of the Court’s ruling is that UK personnel must never again be involved in hooding anywhere in the world.

The Court dismissed a challenge to other aspects of the Guidance brought by the Equality and Human Rights Commission.

Iain Steele represented Mr Al Bazzouni; James Eadie QC represented the Government.