UK Court Denies Bahrain State Immunity in Spyware Lawsuit

The UK Supreme Court ruled against Bahrain's claim to state immunity in a spyware lawsuit by dissidents Saeed Shehabi and Moosa Mohammed. The court's decision, seen as a significant victory by activists, allows the case alleging Bahrain's use of spyware on their computers in Britain to proceed.

The United Kingdom's Supreme Court ruled in a landmark decision on Monday, stating that Bahrain cannot claim state immunity to block a spyware lawsuit filed by two dissidents. This decision could potentially place Britain in conflict with international law, as noted by one dissenting judge.

Saeed Shehabi and Moosa Mohammed allege that Bahrain infected their computers with the spyware FinSpy around 2011, which allowed Bahraini agents to monitor their activities involving political prisoners. Both dissidents, who reside in the UK, initiated a legal case against Bahrain in London's High Court in 2020, seeking damages for the 'psychiatric harm' caused by the alleged hacking.

Bahrain has denied the hacking allegations and sought to invoke state immunity to dismiss the case, appealing to the UK's highest court last year. However, the Supreme Court dismissed this appeal, finding that the alleged surveillance, while initiated abroad, occurred on British soil and thus falls under a personal injury exception to state immunity under UK law.