Beautiful Virgin Islands


British judge rules dissident can sue Saudi Arabia for Pegasus hacking

British judge rules dissident can sue Saudi Arabia for Pegasus hacking

Ghanem Almasarir’s victory opens way for other hacking victims in UK to bring cases against foreign governments

A British judge has ruled that a case against the kingdom of Saudi Arabia brought by a dissident satirist who was targeted with spyware can proceed, a decision that has been hailed as precedent-setting and one that could allow other hacking victims in Britain to sue foreign governments who order such attacks.

The case against Saudi Arabia was brought by Ghanem Almasarir, a prominent satirist granted asylum in the UK, who is a frequent critic of the Saudi royal family.

At the centre of the case are allegations that Saudi Arabia ordered the hacking of Almasarir’s phone, and that he was physically assaulted by agents of the kingdom in London in 2018.

The targeting and hacking of Almasarir’s phone by a network probably linked to Saudi Arabia was confirmed by researchers at the Citizen Lab at the University of Toronto, who are considered among the world’s leading experts in tracking digital surveillance of dissidents, journalists and other members of civil society.

Saudi Arabia is known to be a former client of NSO Group, whose powerful Pegasus hacking software covertly penetrates and compromises smartphones.

Almasarir praised the decision, emphasising the “profound effect” the kingdom’s alleged assault and spyware had had on his life.

“I no longer feel safe and I am constantly looking over my shoulder. I no longer feel able to speak up for the oppressed Saudi people, because I fear that any contact with people inside the kingdom could put them in danger. I look forward to presenting my full case to the court in the hope that I can finally hold the kingdom to account for the suffering I believe they have caused me,” he said.

Saudi Arabia’s attempt to have the case dismissed on the grounds that it had sovereign immunity protection under the State Immunity Act 1978 was dismissed by the high court judge.

The Guardian and other media outlets have reported on the Saudis’ extensive previous use of NSO’s Pegasus spyware in cases around the world, including researchers’ findings that the kingdom had targeted a close associate of the murdered journalist Jamal Khashoggi who was living in Canada, journalists for US and Qatari news outlets, and dissidents and human rights activists.

In the ruling, against which Saudi Arabia is likely to appeal, Justice Julian Knowles found that Almasarir’s case could proceed under an exception to the sovereign immunity law that applies to any act by a foreign state that causes personal injury. He also found that Almasarir had provided enough evidence to conclude, on the balance of probabilities, that Saudi Arabia was responsible for the alleged assault. Saudi Arabia’s claim that the case was too weak or speculative to proceed was dismissed.

Almasarir was represented by Ida Aduwa, associate solicitor at Leigh Day. “Today’s judgment sets a powerful precedent for other cases brought against foreign governments for the alleged use of spyware on individuals in the UK. I hope this judgment will serve as a beacon of hope to those individuals who have been targeted, that foreign governments cannot necessarily hide behind state immunity in these types of cases,” Aduwa said.

The decision could have profound implications for other individuals targeted or hacked by NSO’s spyware within the UK.

They include Lady Shackleton and Princess Haya, the former wife of Dubai’s ruler Sheikh Mohammed bin Rashid al-Maktoum. Both were hacked by the sheikh using NSO spyware during lengthy court proceedings between Haya and her former husband in London.

When Pegasus is successfully deployed against a target, it can silently infect any mobile phone, allowing the operator of the spyware to intercept calls and text messages, including those on encrypted apps, such as Signal or WhatsApp. It can track a mobile phone user’s location, and also control its camera and recorder, in effect turning the phone into a listening device.

The decision represented a validation of the research by Citizen Lab, which has provided evidence in similar cases in other courts, including in Haya’s case.

Citizen Lab’s senior legal adviser, Siena Anstis, said: “The high court’s dismissal of the KSA’s application is fantastic news for victims of digital transnational repression in the UK and represents an important first step along the way towards greater accountability. I also hope this decision serves as a wake-up call for the US or other jurisdictions where state immunity may still be used by authoritarian regimes to block these kinds of cases and leave spyware victims without judicial recourse.”

Saudi Arabia was represented by Antony White QC and Michelle Butler of Matrix Chambers. White and Butler did not immediately respond to the Guardian’s request for comment.

NSO has also not responded to a request for comment.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Pope Francis Urges Unprecedented Dialogue Amid Escalating Ukraine-Russia Tensions
Dozens Survive Kazakhstan Passenger Jet Crash Amid Tragedy
Kazakhstan Air Disaster: Dozens Survive as Authorities Probe Fatal Plane Crash
Postal Workers Demand Government Probe Into Royal Mail 'Fake Deliveries' Scandal
Explosion Sinks Russian Cargo Ship Ursa Major in Mediterranean
Mystery Shrouds U.S. Citizen Gene Spector's 15-Year Espionage Sentence in Moscow
Zelenskyy Alleges 3,000 North Korean Casualties in Russian Conflict
North Korea's Unseen Hand: Over 1,000 Troops Suffer Casualties in Ukraine
Discovery of 50,000-Year-Old Baby Mammoth in Siberia Fascinates Scientists
Magdeburg Attack Fuels AfD's Political Momentum Amid Rising Tensions
In Magdeburg, Germany, a man is arrested by the police for declaring, "I am a Christian."
UK News Roundup: London Shooting, Travel Disruptions, and Legal Battles
UK Economy Teeters on Recession's Edge Amid Revised Growth Figures
Australian Man Captured in Ukraine Conflict; Government Seeks Answers
Zelenskyy’s Push for NATO: A High-Stakes Gamble for Eastern European Stability
Slovak Pragmatism or EU Discord: Prime Minister Fico’s Polarizing Moscow Engagement
The Ripple Effects of a Russian Victory in Ukraine: A Global Tectonic Shift
U.S. Government Shutdown Averted by Last-Minute Agreement
Tragedy in Magdeburg: Saudi Doctor's Alleged Terror Attack at German Christmas Market Ignites Global Security Debate
Tragedy Strikes at Magdeburg Christmas Market: Terror Attack Leaves Five Dead
Texas Congresswoman Kay Granger Discovered in Nursing Home Following Six Months of Inaction
Prince William to End Feudal Land Restrictions in Duchy of Cornwall, but Controversies Remain
British police appear unprepared to deal with usual suspects
Russia's Ballistic Blitz on Kyiv Sends Shockwaves Through Global Stability
Multiple Tragedies and Tensions Mark Global Events: A Closer Look
Elon Musk's AfD Endorsement Ignites Controversy from neo-Nazis who accuse the AfD of being what they themselves are
Ukraine Claims Unprecedented Russian Losses: The Truth Behind Wartime Statistics
Federal Reserve Chair Powell: "We are prohibited from owning Bitcoin and are not seeking any changes to that law."
A Democratic congresswoman with blue and black hair is having a meltdown over "President Musk."
A sizable group of unauthorized migrants is traveling through Mexico with the aim of reaching the USA before Trump assumes office.
Beatles Reunion Electrifies London: Paul McCartney and Ringo Starr Ignite O2 Arena with Surprise Performance
Starmer's Envoy Engages Trump Team as UK Seeks Strategic U.S. Partnership
Britain's Retail Rebound Falters as Black Friday Splurge Dissipates
Bank of Japan's Bold Reckoning: A Decade of Unconventional Policy Under Scrutiny
Republican Discord Threatens Government Shutdown Amid Holiday Season
French Retiree Dominique Pellico Convicted for Recruiting 72 Men to Assault Wife Over a Decade
Putin Defends War Strategy as Global Tensions Rise
Putin Claims Progress as Tensions Rise: Conflict in Ukraine Intensifies
Putin's Paradox: Claiming Strength Amidst Sanctions and Isolation
Water as a Weapon: The Contentious Struggle for Survival in Gaza
Syria's Future: A Fight for Democracy or Another Cycle of Oppression?
UK Considers Sending Troops to Ukraine: A Strategic Move or Intensifying The Proxy War?
Renewed ISIS Threat Puts Syria’s Cultural Heritage in Peril
Escalation in Moscow: High-Profile Assassination and International Tensions Intensify
North Korean Troops in Ukraine: A New Cold War Frontier?
Ukraine's Bold Move: High-Stakes Assassination of Russian General in Moscow
Dubai's Technological Leap: Brain Chips and AI Board Members by 2025
Tragedy Strikes Wisconsin School as Shooting Claims Lives of Teacher and Student
UK's Calculated Gamble: Balancing Defense Aid to Ukraine and Domestic Demands
UK Intensifies Stranglehold on Russian Oil, but Does It Dampen Putin’s Resolve?
×