The UK government has issued an apology to barrister Rachel Toney after UK state security officers raided her chambers following concerns raised by MI6 about her access to documents linked to CIA torture programmes.
The case concerns alleged UK complicity in the CIA’s torture of Abu Faraj al-Libi, who remains imprisoned at Guantanamo Bay detention camp. Toney, a security-cleared UK special advocate representing al-Libi in closed sessions, had her office searched on 20 January.
Despite her written refusal, UK government security officers entered her chambers, opened a safe, accessed her laptop, and deleted multiple files. These included documents relating to Abu Zubaydah, another detainee tortured by the CIA, for whom the UK government previously paid substantial compensation over claims that MI5 and MI6 were complicit.
At the High Court on Wednesday, special advocates representing Toney alleged that lawyers from MI5 and MI6 committed a “serious abuse of power” in orchestrating the raid. They argued that the apology issued by the UK’s chief law officer was “inadequate” because it did not come directly from the intelligence agencies responsible.
The government’s counsel said the apology reflected a “collective failure” including the agencies, and confirmed—after prompting by the judge—that MI5 and MI6 no longer allege Toney acted improperly.
Emails disclosed to the court showed an MI6 lawyer ordering security officers to seize documents “asap” and discussing referring Toney to her regulator. Special advocates said Toney’s conduct was “unimpeachable” and accused UK intelligence services of attempting to gain a “litigation advantage” by pressuring her.
Al-Libi’s barrister said the raid amounted to an “obviously unlawful search and seizure,” while the government denied improper motives but accepted the operation was wrongly conducted.
Al-Libi, captured in Pakistan in 2005, alleges that UK intelligence passed questions used during his interrogations at secret CIA “black sites.”
Mr Justice Chamberlain will deliver his judgment at a later date.
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UK Government Apologises After Barrister’s Chambers Raided
The UK government has apologised to barrister Rachel Toney after her chambers were raided by UK security officers following concerns raised by MI6. Toney, a security-cleared special advocate representing Abu Faraj al-Libi in secret hearings, had her office entered on 20 January despite refusing permission. Officers accessed her safe and laptop, deleting files, including documents from the case of Abu Zubaydah, for whom the UK government had previously paid compensation over alleged MI5 and MI6 complicity in torture.
Special advocates told the High Court in London that the raid represented a “serious abuse of power” and was possibly aimed at gaining a “litigation advantage.” They argued that Toney’s conduct had been “unimpeachable” and that the intelligence services’ actions were unjustified. The government’s counsel confirmed the apology covered a “collective failure” including MI5 and MI6, and stated the agencies no longer suggested Toney acted improperly.
Al-Libi, a Libyan national held at Guantanamo Bay detention camp since 2006, alleges he was tortured at CIA “black sites” with UK intelligence involvement. His barrister described the raid as an “obviously unlawful search and seizure.” The case, partly secret due to national security, is ongoing, with Mr Justice Chamberlain expected to deliver judgment at a later date.
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