Human Rights Watch & Ors v SoS for the Foreign &
Commonwealth Office & Ors
MR JUSTICE BURTON
Approved Judgment
determination including any findings of fact: Belhadj & Ors [2015]
UKIPTrib 13_132-H.
11.
6)
I also believe that the Respondents may have unlawfully intercepted,
solicited, accessed, obtained, processed, used, stored and/or retained
my information and/or communications, whatever the source of that
information or communications may be.
It appears that the
Respondents have, in many cases, failed to follow their own internal
procedures.
7)
To the extent the Respondents failed to follow their internal policies or
procedures governing the interception, access, obtaining, processing,
storage or retention of my information and/or communications, such
failure is unlawful and violates Articles 8 and 10 of the ECHR [the
Open Determination].
8)
These grounds accompany the forms T1 and T2 filed by me. They set
out, in summary, the Grounds relied upon.
9)
I seek the following relief:
a)
A declaration that the UK’s intercepting, soliciting,
accessing, obtaining, processing, using, storing and/or
retaining my information and/or communications is unlawful
and contrary to Article 8 and 10 of the ECHR, and RIPA;
b)
An order requiring destruction of any unlawfully obtained
material;
c)
An injunction restraining further unlawful conduct; and
d)
Any further relief the Tribunal deems appropriate.”
Only two out of the 663 Claimants have given supplementary information within the
standard form Statement of Grounds, both of whom are part of the Six, now
represented by Mr Jaffey at this hearing. One is Human Rights Watch Inc, which
supplemented paragraph 1 of the standard form Statement of Grounds to explain that
it is a charitable organisation registered in New York state, but with a major office in
the United Kingdom, and explaining that it undertakes research and advocacy to
further observance of fundamental human rights globally. The other, referred to only
by the initial R, explained, by expansion of her paragraph 2, that she is a non-UK
human rights lawyer based in London, who has been substantially involved in human
rights matters, including sensitive legal matters. As to the other four of the Six, they
did not so supplement the standard form Statement of Grounds, but for the purposes
of this hearing they have now given further information about themselves. G is an
independent privacy and security researcher, materially involved in intelligence
matters, living in a Council of Europe state. B is a journalist, resident in the United
Kingdom and materially involved in intelligence and security matters. Mr
Weatherhead, resident in the UK, is a technology officer for Privacy International,
again substantially involved in the intelligence field, and Mr Wieder, resident in the