Nicola Berkovic; 26/2/10
Former detainee Mamdouh Habib has been cleared by the Federal Court to sue the Australian government for aiding and abetting his torture by foreign agents in Pakistan, Egypt, Afghanistan and Guantanamo Bay. The Full Federal Court yesterday ruled Mr Habib could not be prevented from suing the commonwealth because of a legal principle that a court of one country will not rule illegal the acts of another government. As Kevin Rudd yesterday condemned the use by foreign agents of Australian passports in an assassination operation in Dubai, Mr Habib said the Australian government must be held accountable for its alleged role in his kidnapping and torture overseas. However, the commonwealth has denied any role in his alleged rendition and torture. Mr Habib said he was thrilled yesterday with the court’s decision, which paves the way for his battle for compensation. “Now everything is going to become clearer and I’m happy about this,” he said outside court.