The Weekly Law Reports
[2012] 3 WLR 1087
Supreme Court
Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening)
[2012] UKSC 48
2012 July 2,
3;
Oct 31
Baroness Hale of Richmond, Lord Kerr of Tonaghmore JJSC, Lord Dyson MR, Lord Reed, Lord Wilson, Lord Carnwath JJSC, Lord Phillips of Worth Matravers
Habeas corpus— Jurisdiction— Control— Applicant Pakistan national captured in Iraq by British forces— Applicant transferred to United States forces and detained in Afghanistan— Applicant held under arrangement permitting United Kingdom to request his return— US detainee review board determining applicant not enduring security threat— Applicant remaining in detention— Habeas corpus application in High Court— Whether writ of habeas corpus to issue notwithstanding applicant in custody of US forces— Whether applicant in power and control of United Kingdom— Whether return showing request for return would not be complied with sufficient—
Geneva Conventions Act 1957 (5 & 6 Eliz 2, c 52), Sch 4, arts 45, 49, 132, 133