British court dismisses Bahrain’s bid to block activists’ spyware lawsuit

What the report says

Al Jazeera reports that Britain’s Supreme Court has rejected Bahrain’s attempt to use state immunity to stop a spyware lawsuit brought in London by two Bahraini dissidents living in the United Kingdom. The decision, issued on Monday by a 3-2 majority, allows the claim to move forward and establishes that foreign governments may face UK court action over alleged remote surveillance of people located in Britain.

The case was filed by Saeed Shehabi, described as a journalist and founder of a Bahraini political party opposed to the Khalifa royal family’s rule, and Moosa Mohammed, a Bahraini refugee. They allege that Bahrain infected their computers in 2011 with FinSpy, spyware said to be capable of recording keystrokes, tracking locations and remotely monitoring activity. The two sued in the High Court in 2020, seeking damages for psychiatric harm.

Bahrain has denied the hacking and argued that any alleged conduct occurred outside the UK, meaning it should be protected by sovereign immunity. UK courts rejected that position at earlier stages, including the High Court in 2023 and the Court of Appeal the following year. The Supreme Court found that the alleged surveillance could be treated as taking place in the UK because the claimants and their computers were there when the spyware allegedly operated.

The ruling matters because it may shape how UK courts handle spyware claims involving foreign states. Al Jazeera notes that it fits into broader litigation over digital surveillance, including cases against surveillance companies such as NSO Group, while rights groups have long accused Bahrain of monitoring dissidents and journalists.