Jack Straw is to be sued  for abduction by a Libyan dissident who claims the UK participated in his abduction and rendition.

According to the allegation, the abduction occurred under the Gaddafi regime.  Sir Mike Allen, the M16’s counter-terrorism chief at the time, is also on the charge list.
Others accused of abducting the Libyan dissident include the Home Office and the Foreign Office.

The shocking news will make it the first time that a British home secretary or terrorist chief will put on trial for such a serious offence.
Abdel Hakim Belhaj and his Moroccan wife Fatima Boudchar claim to  have  been kidnapped and taken to Tripoli, where they were tortured. Their lawyers say they were entitled to justice for ”abuse at the hands of the UK government.

Lawyers for the complainant claim Belhaj and his pregnant wife at the time were kidnapped in Malaysia, abused, and forcibly transferred to a Libyan prison in 2004.

The Government tried to prevent the claim for damages, but was overruled by the Supreme Court on Tuesday.

After assessing the  seriousness of the claim,the Supreme Court concluded the whole situation was serious enough to warrant a whole investigation.

An offer by the couple to settle for £1, an apology and an admission of liability for what they suffered under Gaddafi. was denied. Jack Straw  has insisted that he acted consistently with his legal duties as Foreign Secretary.

The UK Government had argued that the claims should be barred under state immunity and the “act of state” doctrine – which prohibits the courts of one country sitting in judgement of the acts of the government of another within its own territory.

The High Court agreed with the Government’s argument and  struck the claims out.

Subsequently, the Court of Appeal reversed the ruling in October 2014, insisting there was a “compelling public interest” in allegations of unlawful rendition and “particularly grave violations of international law and human rights” being investigated by English courts.

Sapna Malik, representing Mr Belhaj, said: “The Supreme Court today has delivered an emphatic judgement upholding the rule of law, particularly in the face of breaches of rights recognised as fundamental by English statute and common law, in which British defendants are alleged to have been complicit.

“We hope that the defendants in this action now see fit to apologise to our clients and acknowledge the wrongs done, so that they may turn the page on this wretched chapter of their lives and move on.”

Human rights organisation Reprieve said Mr Belhaj and his wife, who was pregnant, were kidnapped in Malaysia, abused and forcibly transferred to a Libyan prison in 2004.

It said that in 2012, the UK Government settled a similar claim relating to the apparent kidnap and rendition to Libya of a family that included four children under the age of 12.

In a statement, Mr Straw said: “At no stage so far have the merits of the applicant’s case been tested before any court. That can only happen when the trial of the action itself takes place.

“I repeat what I said in the House of Commons in December 2013, that as Foreign Secretary I acted at all times in a manner which was fully consistent with my legal duties, and with national and international law.

“I was never in any way complicit in the unlawful rendition or detention of anyone by other states.”

The allegations against Straw and Sir MIke Allen are serious with the  potential of damaging their reputation if any truth is found in them.
However, like Straw correctly pointed out, the merits of the allegations have not been tested before a court, so judgement must be reserved until then.