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04 December 2024

Press release: High Court grants permission to Yusuf AlJamri to bring a spyware based legal claim against the Kingdom of Bahrain over Pegasus cyberattacks

4 mins

Today, Wednesday 4 December 2024, lawyers at Bindmans LLP on behalf of Yusuf AlJamri filed papers with the Royal Courts of Justice to arrange service of a claim on the Kingdom of Bahrain through diplomatic channels. 

The High Court in London issued an order on 14 November 2024 that Yusuf AlJamri can serve his claim on the Kingdom of Bahrain. The claim is in respect of a cyberattack allegedly carried out against his iPhone using sophisticated spyware developed by NSO Group, called Pegasus spyware. By granting permission to serve out on the Kingdom of Bahrain, the High Court agrees that there is an arguable case against the Kingdom of Bahrain.

Yusuf AlJamri is a a prominent Bahraini blogger who highlights the human rights abuses in Bahrain.

Due to his activism, AlJamri has been subjected to repeated detention and interrogation by Bahrain’s National Security Agency [1]. Concerned for his safety, he fled to the United Kingdom with his family in October 2017. From exile, he has continued his work, sharing updates on the human rights situation in Bahrain.

In August 2019, AlJamri’s mobile device was hacked using Pegasus spyware, according to independent analysis carried out by The Citizen Lab [2], an interdisciplinary laboratory based at the University of Toronto, Canada. Pegasus, a surveillance tool, enables covert extraction and monitoring of data from targeted devices.

The spyware is believed to have allowed Bahraini authorities to access an extensive array of AlJamri’s personal data, including text messages, calls, location details, photos, medical and banking records, and other files. It also gave them the ability to intercept voice calls, activate device microphones to record ambient sounds, take photos, and track his movements.

AlJamri is now pursuing legal action, bringing claims of misuse of private information, personal injury, harassment, and trespass to goods. The case underscores the grave risks posed by state-sponsored cyberattacks on activists and dissidents worldwide.

The Claimant, Yusuf AlJamri, said:

The court’s decision to accept my case against the Bahraini government is a turning point, opening the door for me to seek justice for the criminal hacking of my iPhone with Pegasus spyware. This legal battle against a powerful and oppressive state sends a resounding message: no matter how wealthy or abusive, no regime is beyond accountability. It affirms that there is a legal path to exposing the truth and standing up to tyranny. I am unwavering in my commitment to this fight for justice. Achieving this critical milestone would not have been possible without the steadfast support of my exceptional legal team and dedicated human rights advocates.

Sayed Ahmed Alwadaei, advocacy director at the Bahrain Institute for Rights and Democracy (BIRD):

This fight against the ruthless and oppressive Bahraini regime is a profound act of courage and defiance by Yusuf AlJamri, undertaken with full awareness of the severe reprisals he faces. As the second case brought against Bahrain’s government in British courts for hacking, it sends a resounding and unyielding message: Bahrain cannot invade our privacy, trample our rights, or destroy lives on British soil without accountability. While justice takes its course in the courts, the British government must act decisively to confront and deter malicious hacking by foreign states.

Monika Sobiecki, Partner at Bindmans LLP, said:

This is an important milestone in Yusuf’s journey to seek justice for the egregious hacking of his iPhone device, in an attempt by the Kingdom of Bahrain to stymie his freedom of speech as an influential political activist on social media. Whilst it is not the first spyware claim to be brought against Bahrain in this jurisdiction, we believe it is the very first to be brought against the Kingdom of Bahrain in the UK in respect of the use of notorious ‘Pegasus spyware’ which was – and continues to be – the subject of revelations worldwide since the publication of the ‘Pegasus Project’ papers by the Forbidden Stories consortium.

NOTES TO EDITORS:

[1] Bahrain: Security agency summons online activist who exposed torture in plea to king by index on censorship By Index on Censorship https://www.indexoncensorship.org/2017/08/bahrain-national-security-agency-summons-online-activist-who-exposed-torture-in-plea-to-king/

[2] From Pearl to Pegasus: Bahraini Government Hacks Activists with NSO Group Zero-Click iPhone Exploits By The Citizen Lab https://citizenlab.ca/2021/08/bahrain-hacks-activists-with-nso-group-zero-click-iphone-exploits/

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