Cape town: The UK Supreme Court today dismissed an appeal by Bahrain, which has been claiming state immunity against a long-running lawsuit filed by two political activists, Saeed Shehabi and Moosa Mohammed, for allegedly suffering psychological harm after their laptops were infected with FinSpy spyware while they were in the UK, in an operation they believe was authorized and directed by the Bahraini government.
According to Amnesty International, the ruling is significant as it establishes that the remote infection of devices from abroad constitutes an act in the UK. This decision opens new avenues for justice and sends a signal that tech-enabled transnational repression will no longer be tolerated. The ruling is an important step for the two claimants and other spyware victims both in the UK and internationally, who have been fighting for accountability. It provides them with clarity and a clear legal pathway to pursue justice in UK courts, ensuring that governments may no longer hide behind state immunity.
Dr. Saeed Shehabi and Moosa Mohammed, both prominent Bahraini activists living in London, allege that their computers were infected with FinSpy by agents acting on behalf of the Bahraini government in September 2011. FinSpy is a commercial spyware produced by the now-defunct Munich-based company FinFisher GMBH, known for its use against journalists and activists in several countries worldwide.
Bahrain had previously challenged the case at the High Court and the Court of Appeal, arguing that its actions as a sovereign state were immune from the jurisdiction of UK courts. Both courts ruled against Bahrain, a position now upheld by the Supreme Court. The case is now expected to return to the High Court where it will proceed to a full trial.