UK Supreme Court Clears Activists’ Spyware Lawsuit Against Bahrain

The UK Supreme Court has ruled that two Bahraini activists can proceed with their lawsuit accusing the Bahraini government of using spyware to monitor them while they were living in Britain.

In a narrow 3-2 decision delivered on Monday, the court rejected Bahrain's claim of state immunity, ruling that foreign governments can be sued in UK courts for alleged remote surveillance carried out against people located in the United Kingdom.

The case was brought by journalist and opposition figure Saeed Shehabi and Bahraini refugee Moosa Mohammed, who allege that their computers were infected in 2011 with FinSpy spyware. They claim the software recorded keystrokes, tracked their locations, and secretly monitored their activities, causing psychological harm.

Bahrain has denied carrying out the alleged hacking and argued that the actions occurred outside UK jurisdiction. However, the Supreme Court held that the alleged surveillance took effect while the claimants and their computers were in the UK, allowing the case to move forward to trial.

The ruling is expected to set an important legal precedent, opening the door for UK courts to hear similar cases involving foreign governments accused of conducting unlawful cyber surveillance against individuals in Britain. Rights organizations have repeatedly accused Bahrain of targeting dissidents and journalists with surveillance technology, allegations the government denies.

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