Cabinet Office said it would not answer Reprieve’s questions about whether staff corresponded with CPS over investigation

This article is more than 4 years old

This article is more than 4 years old

A human rights group has challenged the government’s refusal to disclose whether ministers or Downing Street officials were involved in a decision not to prosecute anyone over an espionage operation to kidnap two Libyan dissidents.

Reprieve, the group that represents the dissidents, has questioned whether Downing Street is covering up political interference in the decision not to bring charges over the abduction of the dissidents and their families, including a pregnant woman and four children.

The group has lodged a complaint with the information commissioner, Elizabeth Denham, calling on her to investigate the secrecy.

The complaint relates to a joint operation run by the CIA and MI6 to abduct Abdel Hakim Belhaj and Sami al-Saadi in south-east Asia and fly them to Libya, where they say they were tortured.

Documents discovered by human rights workers in 2011 after the overthrow of the Libyan dictator Muammar Gaddafi revealed how MI6 had participated in the operation in 2004.



One was a congratulatory fax from Sir Mark Allen, then MI6’s head of counter-terrorism, to the Libyan government that disclosed that the tipoff for Belhaj’s whereabouts had come from the British.

CPS will not bring charges against MI6 over rendition of Libyan families Read more

In June the Crown Prosecution Service announced there was not enough evidence to charge anyone, after studying a 28,000-page file compiled by the Metropolitan police.

The previous month Reprieve submitted a request to the Cabinet Office under the Freedom of Information Act asking whether any of its ministers or staff had met or corresponded with the CPS about the investigation.

The Cabinet Office said it would not answer the question as it “could neither confirm nor deny whether any relevant information is held”. The department judged that this refusal was justified in the public interest to protect the enforcement of the law.



As well as running the prime minister’s office, mandarins in the Cabinet Office advise the PM and other senior ministers on intelligence matters. They also co-ordinate the government’s response to sensitive issues relating to the UK’s spies.



Reprieve submitted the same questions to the Foreign Office, which replied that none of its ministers or staff had met or corresponded with the CPS about the investigation, known as Operation Lydd, over a two-year period.

The group has complained to the information commissioner, which adjudicates freedom of information disputes, saying the Cabinet Office’s refusal to answer the questions was not justified and made little sense compared to the substantive response from the Foreign Office.

In its complaint, Reprieve said:”If the Cabinet Office held meetings or corresponded with the CPS, it could represent unacceptable political interference in an investigation into serious crimes committed by UK officials … The need for independence and the absence of political interference was paramount.”



Libya renditions should put UK spies firmly under the spotlight | Cori Crider Read more

Cori Crider, a lawyer at Reprieve who represents the two dissidents and their families, said: “Was there subtle political pressure not to bring charges? This response undermines confidence in the whole process.”

A spokeswoman for the Cabinet Office said the government had “co-operated fully with the police investigation. It would not be appropriate to comment further as separate civil proceedings are ongoing.”

Belhaj and his wife, Fatima Bouchar, have started legal action seeking an apology from the British government and symbolic damages of £1. The supreme court is deciding whether their claim should be allowed to go ahead.

In August the CPS rejected an attempt by the dissidents to overturn its decision not to bring charges.

