policy of passing on information on the location of individuals to the CIA is unlawful but lawyers for Foreign Secretary William Hague are urging the court to block the application.
The lawyers for the government argue that the case raises “issues relating to sovereign foreign states that cannot be determined by the English courts.”
They also say that adjudicating on Khan’s claim would plainly have a “significant impact” on the conduct of the UK’s relations with the US and Pakistan in an “acutely controversial, sensitive and important” context, and also impact on relations between the US and Pakistan.
Martin Chamberlain, appearing for Khan, said the US had increased the frequency of drone attacks and Khan “fears for his life and the lives of his family and community.”
He said a Sunday Times article in July 2010 said that British spy agencies were pinpointing the hiding places of al-Qaeda and Taliban chiefs for controversial “targeted killings” by drones.
It also reported that GCHQ, the UK’s top secret communications agency, was using telephone intercepts to provide the Americans with “locational intelligence” on leading militants in Afghanistan and Pakistan.
Chamberlain urged the court that Khan was entitled to a “declaration that any UK intelligence officers who passed on information to the Americans might be encouraging or assisting murder.” Reprieve legal director Kat Craig said in a statement: “Mr Khan’s evidence highlights the terrible toll the CIA’s illegal programme of drone strikes is taking on ordinary people across Northwest Pakistan. The British people have a right to know whether their own government is providing support to this devastating and counter-productive campaign.”
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