The central issue before the Court was whether the personal injury exception in section 5 of the State Immunity Act 1978 (SIA) applies where the alleged perpetrators were outside the UK but carried out the hacking remotely.
In a majority judgment, the Court held that section 5 covers acts committed through remote or automated means, even where the person responsible is physically outside the United Kingdom.
It concluded:
“Concluding on the interpretation of section 5, the meaning of “an act” in section 5 of the SIA includes an act carried out using a device or other automated or remote means, even if the person responsible for carrying out the act is not physically present at the location where the act takes place. Therefore, hacking into a computer located in the United Kingdom by a foreign agent situated abroad is an act in the United Kingdom under section 5 [131]. Such conduct interferes with the territorial sovereignty of the United Kingdom. Where a foreign state caused an explosion in this country, the infringement is just as great if caused by a drone remotely controlled from abroad [133].”
The Court drew an analogy with a drone attack launched from abroad, holding that the infringement of UK sovereignty is no less serious simply because the act is carried out remotely.
Applying that principle to this case, the Court found:
“In the present case, the acts involved surveillance of Dr Shehabi and Mr Mohammed. That surveillance took place in the United Kingdom. It involved a serious and intrusive interference with the territorial sovereignty of the United Kingdom [136]. It makes no difference that surveillance is carried out by means of computer hacking rather than by a human [138]. The case therefore falls within the exception to immunity from jurisdiction contained in section 5 of the SIA [147].”
References in square brackets are to paragraphs in the judgment.
Dr Saeed Shehabi, 72 stated:
“It has taken many long and difficult years to reach this moment. The hardest part of being targeted by state-sponsored hacking is the feeling that nowhere is safe.
Today’s judgment means the Bahraini regime can no longer hide behind state immunity. This is not just a victory for us, but for everyone targeted by authoritarian states beyond their own borders. The Court’s message is clear: states that abuse people on British soil will be held accountable.
I dedicate this victory to the people of Bahrain and the families of Bahrain’s martyrs, who lost their lives under torture and repression simply for daring to dream of justice and an end to authoritarian rule.”
Moosa Abd-Ali Mohammed, 45, stated:
“This victory changes the balance of power.
Since I was a teenager, the Bahraini regime has tortured, imprisoned and hunted me. Even after I found safety in the UK, they pursued me across borders. Today, the tables have turned. I am no longer the one being chased. I am chasing justice. I am chasing accountability. The era of abusing victims while hiding behind state immunity is over.
I dedicate this victory to those still suffering torture and abuse in Bahrain’s prisons. Today should give them hope that accountability is possible.
This victory would not have been possible without my dedicated legal team, who believed me from the moment I told them about the hacking and stood by me throughout this long fight. Their commitment has helped set a precedent that will protect others from state-sponsored abuse.”
Sayed Ahmed Alwadaei, Advocacy Director at the Bahrain Institute for Rights and Democracy (BIRD), said:
“This victory reflects the extraordinary determination of two victims of state-sponsored hacking on British soil who stood up to an abusive state and demanded accountability.
It sends a clear and powerful message that foreign states will be held accountable when they target dissidents on British soil.
Martyn Day, senior partner at law firm Leigh Day, said:
“I am delighted with the Supreme Court’s judgment. The notion that foreign governments can allegedly use sophisticated spyware to interfere with computers and mobile phones of people living in this country is an outrage and I am so pleased the Supreme Court has decided the normal immunity from suit would not apply in this instance.
“It was a close thing with the decision being 3:2 in favour of our clients but a win is a win and that will be the law for a long time to come. I am particularly pleased for the clients, not just those bringing this case but all the others we have represented who claim to have been impacted by spyware from countries as diverse as Rwanda, Saudi Arabia and Pakistan. It is hopefully a clear message from our courts ‘not on our turf’.”
– END –
Read the full judgment
Read the Court’s press summary
View the case details on the Supreme Court website
]]>Dear Prime Minister,
We are writing following your recent meeting with Bahrain’s Crown Prince Salman bin Hamad Al Khalifa, during which you discussed a new Defence Cooperation Accord and announced a bilateral agreement involving £2 billion of Bahraini investment in the UK economy. This meeting took place amid heightened tensions in the Gulf region, as the Israeli-Iranian conflict threatens to escalate into a broader regional confrontation.
It is our view that the UK holds meaningful influence over Bahrain and should use this opportunity to press for the release of political prisoners, including those sentenced to death following torture and unfair trials.
According to research by the Bahrain Institute for Rights and Democracy (BIRD), there are currently an estimated 320 individuals who’ve been arbitrarily detained for political reasons in Bahrain, many of whom have been imprisoned since the 2011 pro-democracy uprising. Among them are some of the country’s most prominent human rights defenders and opposition figures, including Hassan Mushaima (78), Dr Abduljalil Al-Singace (63), Abdulhadi Al-Khawaja (63), and Sheikh Ali Salman (59). In addition, twelve political prisoners remain on death row, including Mohamed Ramadhan and Husain Moosa, whose imprisonment was declared arbitrary by the United Nations Working Group on Arbitrary Detention, which also called for their immediate and unconditional release.
We strongly believe that human rights should not be reduced to slogans. They must be central to the UK’s engagement with Bahrain, especially in matters of security and investment. The UK should not enter economic partnerships in a moral vacuum that legitimises authoritarianism and political imprisonment.
We urge you to use this moment to advocate for the release of Bahrain’s political prisoners, and we look forward to your response.
Yours sincerely,
Sayed Ahmed Alwadaei
Bahrain Institute for Rights and Democracy (BIRD)
Niku Jafarnia
Human Rights Watch
James Lynch
FairSquare
Chai Patel
Reprieve
Photo credit: Court of the Crown Prince.]]>
8 July 2025 marks four years since Dr. Al-Singace went on a liquid-only hunger strike in response to prison authorities’ confiscation of his manuscript on Bahraini dialects of Arabic that he spent four years researching and writing.
He continues to be held in prolonged solitary confinement within his room in Kanoo Medical Centre since July 2021, where he has been prohibited from exposure to direct sunlight and adequate physiotherapy that he requires for his disability. Additionally, authorities refuse to provide him with new crutches or provide replacements for the worn rubber tips for his crutches, as well as other necessary items, such as medical slippers to prevent him from falling in the bathroom and a hot water bottle to relieve pain.
According to recent updates provided by Dr Al-Singace, he continues to suffer from severe shoulder pain, tremors, and prostate issues. He has suffered from shoulder inflammation and fears that the severe deterioration of the shoulder joint may require surgical intervention. The results of an MRI conducted in October 2021 were not shared with his doctors, despite repeated requests. New scans requested by his specialist in October 2024 were finally conducted on 30 April 2025 — and it has now been over two months since he has not been able to see his specialist.
Additionally, authorities have frequently failed to refill his medical prescriptions in a timely and appropriate manner. For the third consecutive month, he did not receive adequate supplies of Neurobion for nerve inflammation and, consequently, refused tests and medications in protest on 25 June 2025. To the best of our knowledge, this remains unresolved.
All detainees must receive adequate healthcare, as required under both Bahraini domestic and international law.
We call on Bahrain to immediately and unconditionally release Dr. Al-Singace and, in the meantime, we request ensure he is held in conditions that meet international standards, receives his medication without delay, has access to adequate healthcare, including access to specialists in compliance with medical ethics, and that his arbitrarily confiscated research is immediately transferred to his family members.
]]>12 May 2025
Ahead of the 59th session of the Human Rights Council (16 June – 11 July 2025), we are writing to you and your delegation regarding the continued detention of leading human rights defenders, bloggers, journalists, opposition and religious activists, and death row inmates who are at imminent risk of execution in Bahrain.
As Eid al-Adha approaches on 6 June 2025, when Bahrain’s King Hamad bin Isa Al Khalifa is expected to issue further royal pardons, we strongly believe that your engagement will be critical in securing the release of those who remain arbitrarily detained in Bahrain.
The latest royal pardons were issued by Bahrain’s King for a total of 1,526 inmates on the occasion of Eid al-Fitr (marking the end of Ramadan) on 27 March 2025 and to mark Bahrain National Day on 15 December 2024. However, no political prisoners or human rights defenders were released through these pardons and were instead offered only conditional releases through the open prisons program, according to the Bahrain Institute for Rights and Democracy (BIRD).
We have previously raised concerns about human rights defenders and leading opposition and political activists serving unjust life imprisonment sentences in Bahrain, including:
Additionally, twenty-six individuals in Bahrain remain on death row at risk of imminent execution, eleven of whom were convicted following manifestly unfair trials that relied solely or primarily on confessions allegedly extracted under torture. This includes Mohammed Ramadan and Hussain Moosa, who have been arbitrarily detained for over a decade.
On 12 August 2024, three UN human rights experts highlighted concerns about the conditions of detention in Jau Prison and Bahrain’s lack of adherence to standards of humane and dignified treatment.
The death of a political prisoner in custody on 5 December 2024, which marked the second death in 2024 under similar circumstances, led to renewed concerns about Bahrain’s failure to provide emergency care and first aid in Jau Prison. Authorities then reportedly used excessive force and collective punishment against hundreds of political prisoners to violently suppress a strike that had been ongoing for nearly eight months, according to BIRD. There are currently an estimated 322 political prisoners still imprisoned in Bahrain, with an additional 40 prisoners part of the open prisons, according to BIRD.
We are alarmed by the continued harassment of Bahraini human rights defenders — including former political prisoners Naji Fateel and Ali AlHajee — and echo the UN Special Rapporteur’s concerns regarding ongoing reprisals against Fateel on 17 February 2025 and AlHajee’s brief detention on 3 March 2025.
In light of the above, we respectfully urge you and your delegation to:
1. Ahead of Eid al-Adha (6 June 2025), directly engage with Bahrain’s leadership and mission in Geneva in your national capacity and jointly, and urge them to include human rights defenders, leading opposition activists, and all those detained solely for exercising their human rights or for their political beliefs in the upcoming royal pardons.
2. Issue a statement at the upcoming United Nations Human Rights Council session publicly calling on Bahrain to immediately and unconditionally release Dr. Abduljalil Al-Singace, Abdulhadi Al-Khawaja, Hassan Mushaima, Sheikh Mohamed Habib Al-Muqdad and Sheikh Ali Salman and cease persecuting activists and critics. We also urge you to call on Bahrain to release death row inmates Mohamed Ramadan and Hussain Moosa, commute all outstanding death sentences, and establish an official moratorium on executions.
3. Address these concerns with the special rapporteurs and independent expert for freedom of expression, peaceful assembly and association, summary executions, health, and independence of judges and lawyers.
With assurances of our highest consideration.
Sincerely,
Dear F1 CEO, Teams, and Drivers,
We are families of political prisoners in Bahrain — many of whom have been imprisoned since 2011 following the uprising demanding democratic rights. That was the year the F1 race was canceled due to a bloody government crackdown during which hundreds were tortured and sentenced after unfair trials.
We fear that publishing our names will expose us to reprisals against both our families and our imprisoned loved ones. Yet, we implore you not to turn a blind eye to the injustice being inflicted on Bahrain’s people. The sport must be a force for good rather than an endorsement of repression.
Over the past week, the situation has worsened. Authorities have cut telephone access for some prisoners and placed at least twelve in solitary confinement. The recent Eid prisoner release excluded political prisoners, clearly discriminating against them.
As of now, over 360 political prisoners remain, with twelve facing imminent execution. A report from Human Rights Watch and the Bahrain Institute for Rights and Democracy examined eight death row cases and found that these sham trials featured severe breaches of international law, with confessions allegedly coerced through torture and ill-treatment. The report documented that many prisoners were subjected to electrical shocks to the chest and genitals, sleep deprivation, beatings, and even attempted rape. Their trials cannot be considered fair, but they have exhausted all legal remedies and, with a stroke of King Hamad’s pen, they will be executed.
Leading rights activist Abdulhadi Al-Khawaja, for example, has vowed to launch a hunger strike after authorities canceled his video calls — his only effective means of communication with his daughters residing abroad. Similarly, Dr. Abduljalil Alsingace has been on a sustained hunger strike for over three years in protest of the confiscation of his handwritten manuscript. Along with Hasan Mushaima, 77, Bahrain’s longest-held political prisoner, he has been denied sunlight exposure and confined to his cell for more than three years, all while being systematically denied proper medical care even in a facility equipped for special treatment.
We appeal specifically to Stefano Domenicali — whose close relationship with the Bahraini Crown Prince, as well as that of McLaren’s Zak Brown, Andrea Stella, and driver Lando Norris — to use your leverage to urge the Crown Prince to end the injustices endured by our loved ones in Bahraini jails and to press for their immediate release. Our previous attempts to engage with his office have fallen on deaf ears.
We commend Sir Lewis Hamilton for taking a principled stand in previous years and urge him to continue speaking out against these injustices.
]]>In the letter sent, BIRD urged Domenicali to come on the record and share if any steps have been taken to ensure that Bahraini citizens do not face reprisals for exercising their fundamental rights. They also asked him to back his claim that “F1 is a force for good” and provide evidence that F1’s presence in the country does not contribute to human rights abuses.
Read the full letter here.
Sayed Ahmed Alwadaei, Director of Advocacy at the Bahrain Institute for Rights and Democracy (BIRD), commenting:
“We have been told that F1 takes its responsibility on human rights seriously, yet it shuts the door on anyone who exposes inconvenient truths about repressive host states, including Bahrain.
F1 has lost all shreds of credibility by choosing to remain silent and failing even to acknowledge the concerns raised by activists and victims.”
FIA’s Free Speech Crackdown
BIRD has also accused the FIA of using dictators’ playbook to restrict drivers’ free speech. In a separate letter sent to FIA’s President of the Senate and General Manager, raising alarm about the new Stewards Penalty Guidelines, published by the FIA on 22 January 2025, which impose severe penalties and restrict the free speech of drivers.
Read the full letter here.
According to the new Stewards Penalty Guidelines, published on 22 January 2025, F1 World Championship drivers would face fines of €40,000 for making political, religious or personal statements that the FIA considers violate its “principle of neutrality” (article 12.2.1.o of FIA’s 2025 International Sporting Code (ISC).
Drivers would also be required to issue a public apology and repudiation of comments, and repeated violations would result in temporary suspension and deduction of Championship points.
Criticism of the FIA may also result in similar penalties, as “causing moral injury or loss to the FIA, its bodies, its members or its executive officers” is considered an offense in breach of FIA rules (article 12.2.1.f of the ISC).
]]>Last night at 10:58 PM (Bahrain local time), Bahrain’s state media outlet announced that “The royal pardon includes individuals convicted in various offences who have served part of their sentences, in addition to a number of individuals under alternative sentencing.”
However, information received by BIRD from family members of political prisoners and a source familiar with the release confirmed that political prisoners were excluded.
BIRD estimates that 322 political prisoners remain in Jau Prison, including leading opposition activists imprisoned for their role in the 2011 Uprising and individuals on death row, who remain at imminent risk of execution.
Sayed Ahmed Alwadaei, Advocacy Director of the Bahrain Institute for Rights and Democracy, stated:
“This is the second royal pardon in a row to exclude political prisoners. It sends a chilling message to their families, who were given false hopes of Eid releases.
King Hamad, the ultimate decision-maker in Bahrain, has chosen to keep political prisoners behind bars as a reminder of his brutal and authoritarian rule. In doing so, he has deliberately prolonged the crisis and deepened the suffering of their families.”
]]>Sayed Ahmed Alwadaei, Director of Advocacy at the Bahrain Institute for Rights and Democracy (BIRD), commenting:
“These findings represent a profound tribute to the devastation Ahmed has endured as a result of the breaches committed by Serbia.
Since his extradition, Ahmed has been subjected to harrowing human rights abuses, including torture at the hands of the Bahraini regime, and he has not seen his family for more than three years.
While the European Court’s ruling is a step towards justice, Serbia cannot turn a blind eye to his ongoing suffering in Bahrain and must now push for his immediate release from prison.”
Ahmed Jaafar’s lawyer, Marko Štambuk, commented:
“Three years after the application was submitted to the European Court of Human Rights, we got the confirmation of what we claimed from the beginning of the procedure – that the Serbian competent authorities failed to examine the risks Mr Ali Ahmed Jaafar Mohamed was facing in his country of origin. Bearing in mind that Mr Ali is currently serving multiple life sentences and was, according to his family, ill-treated by the prison authorities in Bahrain, this judgement is just a moral victory for him and his legal team, but which would hopefully protect others from being subjected to similar violations of their rights.”
Rodney Dixon KC, who also represented Ahmed Jaafar, stated:
“It is a vital first step towards justice for Ahmed Jaafar Ali. He has been unlawfully imprisoned for too long and needs to be released and reunited with his family.”
Background
Arrest in Serbia: Ahmed Jaafar is a Bahraini dissident arrested on 3 November 2021 in Serbia, following a red notice issued by Interpol on Bahrain’s request. He had been convicted in absentia by a Bahraini court on 7 October 2013 and sentenced to life imprisonment, which Bahrain used as grounds to issue his “red notice” by the Interpol. While detained in Serbia, he sought political asylum over fear of being tortured in Bahrain.
Unlawful extradition: The European Court of Human Rights issued interim measures on 21 January 2022 ordering that Ahmed Jaafar “should not be extradited” from Serbia pending more information on his case, including understanding the “possible risks of torture and/or illtreatment that the applicant would face if extradited to Bahrain.” However, on 24 January 2022, he was extradited from Serbia on Emeriti RoyalJet.
Ongoing Persecution: Ahmed is currently serving multiple life sentences, totaling 64 years of imprisonment at the notorious Jau Prison. He has also been stripped of his Bahraini citizenship, rendering him stateless and subject to routinely degrading treatment, solitary confinement, and torture by the Bahraini police.
For further details on arrest and extradition proceedings in Serbia, see this timeline.
]]>Joint Statement: Bahrain must immediately free detained human rights defender Ali AlHajee
(5 March 2025): We, the undersigned human rights organisations, call for the immediate release of human rights defender Ali AlHajee, who was detained by Bahraini authorities following a police summons on Friday, 28 February 2025, and is currently held under investigation at Dry Dock Prison on charges of “misusing social media.” AlHajee’s social media account on X was primarily used to share posts pertaining to human rights.
Ali AlHajee is a Bahraini human rights defender and former political prisoner who was imprisoned in Bahrain for more than ten years until his release in June 2023.
On Friday, 28 February, which marked the last day of Formula 1 testing in Bahrain, AlHajee received a written police summons issued by the Interior Ministry’s General Directorate of Crime Detection and Forensic Science. Shortly after, AlHajee received a phone call from an official at the Criminal Investigation Directorate (CID) instructing him to report to the gate of the CID building in Adliya immediately and on his own. After willingly obeying the summons, AlHajee was questioned about his human rights work, especially his social media posts on X (formerly Twitter).
The next day, AlHajee was arrested, and Bahrain’s Public Prosecution ordered him to be detained for seven days pending investigation on charges of “misusing social media.” Both his prolonged interrogation and detention order occurred without the presence of his lawyer, according to his family.
If formally charged, he faces imprisonment under Bahrain’s draconian laws restricting freedom of expression, particularly Article 168 of Bahrain’s Penal Code, which allows authorities to punish “any person who deliberately disseminates false reports, statements or malicious rumours, or produces any publicity seeking to damage public security.”
Ali AlHajee’s arrest is not an isolated incident but part of a broader pattern of crackdowns by Bahraini authorities around Formula 1 races in the country. The 2025 Formula Bahrain Grand Prix race kicks off on April 13.
In 2023, four Bahraini activists were arrested, threatened, verbally abused and forced to sign a pledge restricting their right to protest in the future after they held a protest near the Bahrain international circuit during the F1 race. During last year’s F1 testing in Bahrain, the son of one of these activists was arbitrarily detained following a house raid. At the same time, AlHajee’s arrest is a concerning reversal from the government’s recent steps to release those detained for exercising their internationally recognised human rights, including more than 600 political prisoners in 2024.
The United Nations Special Rapporteur on Human Rights Defenders, Mary Lawlor, raised concerns on 3 March 2025 about AlHajee’s detention by authorities regarding his human rights work, stating that he “should be immediately released & the authorities should show they are serious about creating an enabling environment for HRDs.”
We echo the concerns raised by Ms Lawlor and demand Ali AlHajee’s immediate release. In light of the above, we further call on:
Background:
Ali AlHajee was previously convicted on charges related to peaceful protests and spent more than ten years in prison from 2013 to 2023. He was released on 2 June 2023 under Bahrain’s alternative sentencing laws. Even after his conviction was officially suspended, AlHajee continued to be targeted by Bahraini authorities and was subjected to a travel ban and briefly detained on 14 November 2023. He was then unfairly prosecuted for requesting authorities to lift his travel ban and tried on spurious charges of “entering a prohibited area.” However, he continued to highlight abuses against political prisoners and campaign for greater freedom and accountability in Bahrain after his release.
Signed by:
UN Special Rapporteur on human rights defenders Mary Lawlor called for his immediate release in a social media post on X yesterday, stating:
“I am v disturbed by reports that HRD Ali Al-Hajee (@ELHAJEE) was detained in #Bahrain on Friday & questioned re his human rights work. He should be immediately released & the authorities should show they are serious about creating an enabling environment for HRDs @bahdiplomatic.”
Sayed Ahmed Alwadaei, Director of Advocacy at the Bahrain Institute for Rights and Democracy (BIRD), commented:
“Ali al-Hajee is a courageous human rights advocate whose commitment remains unshaken despite ten years of imprisonment.
Bahraini authorities are targeting him for his activism during F1 testing to prevent any exposure of human rights abuses. Ali is being made an example of Bahrain’s message is clear: anyone who dares to expose human rights violations will face severe punishment.
We call on Bahrain’s partners to elevate his case with a special appeal to F1 to take action.”
Zainab AlKhmees, Ali al-Hajee’s wife, commented:
“Taking my husband away at the start of Ramadan—a holy month of blessings, not separation—inflicts unbearable pain on our family. It breaks my heart to have learned that he is held under harsh conditions at Dry Dock Prison and was given only a soiled blanket.
Ali is detained simply for his human rights advocacy and interrogated by the Interior Ministry and the Public Prosecution without the presence of his lawyer—in blatant violation of Bahraini Law.
I call on the authorities to release him immediately. Genuine human rights work should be celebrated by the Bahraini government, not punished with imprisonment.”
F1 in Bahrain and Sportwashing
The Middle East Eye reported on Ali al-Hajee’s detention on 4 March 2025. In response to his arrest, Formula 1 stated:
“For decades Formula 1 has worked hard be a positive force everywhere it races, including economic, social, and cultural benefits. Sports like Formula 1 are uniquely positioned to cross boarders and cultures to bring countries together to share the passion and excitement of incredible competition and achievement.”
We take our responsibilities on rights very seriously and set high ethical standards for counterparties and those in our supply chain, which are enshrined in contracts, and we pay close attention to their adherence.”
Further information and background:-