Public Interest Lawyers is an extraordinary firm of solicitors, who must be – certainly should be – the pride of the legal profession. Through their tenacity, quality and sheer hard work – often from unpromising beginnings and in dark times for public funding – they have single-handedly been responsible for shining the torchlight of legal accountability in a range of new areas. The work continues unabated. No barrister or judge, here or in Strasbourg, could have come to deal with the sorts of human rights issues which PIL continues to raise, but for their principled and brave pursuit of justice.

 

PIL demonstrates three further important things. First, how positive and constructive can be the use of public funding in public law cases, in the public interest. It has been hard. But PIL and the LSC have forged a partnership which is second to none, as to the importance of the cases that are brought, their success and their wider impact. Secondly, PIL demonstrates that London does not always lead, and a London-centric focus is neither helpful nor fair. This firm, from what are still sometimes thought of as “the provinces”, is the nation’s leader for human rights application in challenging cases. That PIL is looking, as a Birmingham-based firm. How refreshing for it to be that way.Thirdly, let it not be forgotten that PIL was set up as a new firm of solicitors. This is not the further and continued work of an established firm, set up long ago when times were different. This was an innovation; a leap of faith in the rule of law. It was a boat launched in a sea of uncertainty, which has turned out to be the flagship for public law accountability under the rule of law.

 

Michael Fordham QC
Michael Fordham QC
 
 

The Guardian: Iraqi Citizen Wins Legal Battle Over Hooding of Suspects

An Iraqi citizen has won a legal victory in London over the "barbaric" practice of hooding terror suspects.
 
Alaa' Nassif Jassim al-Bazzouni argued that government guidance unlawfully condoned hooding prisoners for security reasons.
 
Lawyers for the Iraqi citizen challenged the guidance on the grounds that it explicitly and unlawfully condones the "barbaric practice" of hooding prisoners for "transit and security purposes".
 
Bazzouni – a father of three who lives in Basra – says he was abused and hooded by British troops in 2006, in the wake of the war to overthrow Saddam Hussein.
 
Bazzouni challenged new guidance issued by the UK government on the interrogation of suspects held by foreign states.
 
The high court heard that British troops or intelligence officers are now banned from hooding prisoners themselves.
 
The guidance still allows them to co-operate with countries that might continue to hood for "security reasons".
 
On Monday, two judges ruled the guidance should be changed so that hooding was not permitted at all because of the risk it posed to physical and mental health.
 
Phil Shiner, the solicitor representing Bazzouni, said: "This judgment represents the final nail in the coffin of the Ministry of Defence's desperate and morally corrupt efforts to keep hooding alive as a permissible interrogation technique.
 
"Sir William Gage's first recommendation in the Baha Mousa inquiry report is that there must be an absolute prohibition on hooding. The MoD's position has been that it is still legally permissible for security reasons.
"This judgment slams the door shut for ever on hooding involving UK personnel anywhere in the world."
 
See:
 
 
 
 
 
 
 
 
 
 


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