In a significant move, the High Court in London has allowed Yusuf Al-Jamri, a blogger who faced torture for his political views, to pursue legal action against the Kingdom of Bahrain. This follows allegations that his phone was hacked using Pegasus spyware after he sought asylum in the UK.
Al-Jamri can now file a claim for damages against Bahrain, known for its harsh treatment of political dissidents, based on claims that authorities exploited Pegasus to breach his privacy. This case marks the first time someone in the UK has taken legal action against Bahrain regarding the use of this particular surveillance software from the Israeli NSO Group. The court’s decision indicates that there is a reasonable case to consider.
According to the University of Toronto’s Citizen Lab, Al-Jamri’s iPhone 8 was infiltrated by Pegasus in August 2019, just after he was granted asylum. This spyware reportedly provided Bahraini officials access to a wealth of his personal information: texts, call logs, location data, photos, and even banking records. It allowed them to intercept calls, activate his phone’s microphone, take photos, and monitor his movements.
Al-Jamri’s claim includes accusations of mishandling of his private information, personal injury, harassment, and unauthorized access to his belongings. This case raises critical questions about how Western and Israeli companies sell spyware to countries with known human rights violations.
Amnesty International has reported that Bahrain’s National Security Agency has a history of torturing and threatening activists to suppress dissent. The Bahraini government also censors the internet, using software from Canadian firm Netsweeper, and disrupts online activity to disrupt protests, as revealed by research from The Citizen Lab.
Bahrain’s history of using spyware dates back to at least 2010, when it purchased licenses for FinSpy from Gamma Group. By 2013, they expanded their arsenal to include tools from an Italian firm, Hacking Team, and they have operated Pegasus since 2017. The Citizen Lab identified multiple servers used for deploying Pegasus linked to Bahraini political groups.
The NSO Group markets Pegasus as a top-tier cyber intelligence tool for law enforcement. Users need only input a target’s phone number to commence a hack, with the software automatically installing itself. Clients can set parameters for tracking movements or communications, and the spyware can self-delete to avoid detection.
Bahrain is also attempting to claim sovereign immunity against similar claims from pro-democracy activists whose computers were hacked in the UK. Saeed Shehabi and Moos Mohammed allege that their devices were infiltrated by FinSpy in 2011, allowing authorities to spy on their communications and track their locations. They learned of the hacks through leaked documents in 2014, revealing the extent of their surveillance by the Bahraini state.
The UK court has acknowledged the credibility of these claims while Bahrain continues to deny any wrongdoing and seeks protection under sovereign immunity, a defense that failed in the Court of Appeal in October 2024. The case is expected to move to the Supreme Court.
After the court’s decision, Al-Jamri expressed hope, stating this case is a pivotal moment in his quest for justice against a repressive regime. Sayed Ahmed Alwadaei, from the Bahrain Institute for Rights and Democracy, applauded Al-Jamri’s bravery in pursuing this action, emphasizing that Bahrain should not violate rights on British soil without consequences. Al-Jamri’s lawyer, Monika Sobiecki, noted that this is the first lawsuit in the UK addressing Bahrain’s use of Pegasus spyware.