Court Rules British MI5 Agents Can Murder,
Kidnap and Torture
By
Jonathan Browning
December 22, 2019 "Information
Clearing House"
- Britain’s domestic intelligence
service MI5 can authorize its agents to
engage in criminal activities, potentially
including murder, kidnap and torture, a
London court ruled, as Prime Minister Boris
Johnson’s new government prepares to
overhaul espionage laws.
Judges on the Investigatory Powers Tribunal
declared in a majority decision that MI5 has
the power to permit informants to operate in
criminal groups, even if the policy itself
confers no legal immunity. The case focused
on powers that were only disclosed last year
by then-Prime Minister Theresa May.
“The case raises one of the most profound
issues which can face a democratic society
governed by the rule of law, Judge Rabinder
Singh said in the ruling.
The decision comes as Johnson seeks to
update laws to bring them in line with the
U.S. in a crackdown on spies, saboteurs and
hackers (allegedly) working for
foreign states such as Russia, North Korea
and Iran. Preventing MI5 from running agents
in criminal organizations “would strike at
the core activities of the Security
Service,” the judges said.
The tribunal cited the agency’s own
guidelines to agents and handlers that said
the authorization “will be the service’s
explanation and justification of its
decision,” if the agent’s activities were to
be scrutinized by police or other
prosecution authorities.
Human rights campaigning groups including
Reprieve had asked the court to grant an
injunction “restraining further unlawful
conduct.” The request was dismissed in a 3-2
decision, which was also the first time a
dissenting opinion has ever been published
in the tribunal’s 20-year history, Reprieve
said.
“The IPT’s knife-edge judgment, with
unprecedented published dissenting opinions,
shows just how dubious the government’s
secret policy is,” Maya Foa, Reprieve’s
director, said in a statement. She said the
groups planned to seek permission to appeal.
“The use of covert agents is an essential
tool for MI5 as it carries out its job of
keeping the country safe,” a spokesman for
the Home Office said in a statement.
This article was originally published by "Bloomberg"
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