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malaise

(269,040 posts)
Wed Nov 19, 2014, 01:17 PM Nov 2014

Man allegedly tortured by US and UK troops wins right to sue for damages

http://www.theguardian.com/law/2014/nov/19/man-allegedly-tortured-us-ulk-troops-wins-right-sue-damages
<snip>
The high court has dismissed the government’s claim that Britain’s relations with the US would be damaged if a Pakistani citizen who says he was tortured by British and American troops was allowed to sue for damages in court.

British courts would be failing in their duty if they did not deal with the claims even if that involved the court finding that US officials acted unlawfully, Mr Justice Leggatt ruled on Wednesday.

“If it is necessary to adjudicate on whether acts of US personnel were lawful … in order to decide whether the defendants violated the claimant’s legal rights, then the court can and must do so,” he said.

He added: “For the court to refuse to decide a case involving a matter of legal right on the ground that vindicating the right would be harmful to state interests would seem to me to be an abdication of its constitutional function.”

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This is a very important decision - Bravo High Court Judges!!!
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