In a landmark ruling, the High Court has mandated Saudi Arabia to pay over £3 million to Ghanem al-Masarir, a London-based dissident, after it was determined that the kingdom was responsible for hacking his phones with Pegasus spyware and for a physical assault on him. The decision highlights the increasing scrutiny on state-sponsored espionage and the protection of dissidents in the UK.
Court Findings on Spyware and Assault
Judge Pushpinder Saini’s judgment, delivered on Monday, confirmed the extensive harm inflicted upon al-Masarir, who is also known as Ghanem al-Dosari. The court established that the dissident’s iPhones had been compromised by Pegasus, a surveillance tool developed by the Israeli company NSO Group, leading to the unauthorised extraction of sensitive personal data. The judge concluded that these actions were either directed or sanctioned by Saudi Arabia or its agents.
In addition to the hacking, it was determined that the physical attack on al-Masarir outside Harrods in London in 2018 was also orchestrated by the Saudi state. The judge stated that the kingdom had a clear motive to suppress al-Masarir’s public criticism of its governance.
The Psychological Toll
Al-Masarir, 45, who has been living in the UK since 2003, expressed relief at the ruling, stating, “This judgment brings a long and painful chapter to a close. It affirms that standing up for the truth, no matter how powerful the opponent, is worth the struggle.” The impact of the surveillance and the attack has left him with severe depression, limiting his ability to work and engage in daily activities. The court heard that even seven years after the initial breaches, al-Masarir continues to grapple with the psychological fallout.
Legal representatives for al-Masarir, including Sapna Malik from Leigh Day law firm, stressed that the ruling serves to validate their client’s pursuit of accountability. Malik remarked that the invasive actions taken against al-Masarir had a profound and lasting effect on his life.
Implications for International Relations
This ruling marks a significant legal setback for Saudi Arabia, which had previously attempted to dismiss the case on the grounds of state immunity—an argument the High Court rejected in 2022. Following an unsuccessful appeal, the kingdom did not participate further in the proceedings.
The judgment stands in contrast to a recent US lawsuit where Crown Prince Mohammed bin Salman was granted immunity despite credible allegations linking him to the murder of journalist Jamal Khashoggi. Judge Saini’s comments on the “grossly intrusive” nature of Saudi Arabia’s actions towards al-Masarir reflect a growing recognition of the need to challenge state-sponsored repression.
Why it Matters
This case underscores the vital role of judicial systems in addressing abuses of power and the surveillance tactics employed by authoritarian regimes. It not only sets a precedent for protecting dissidents and whistleblowers but also serves as a warning to state actors engaging in cyber espionage against critics abroad. The ramifications of this ruling could resonate well beyond the UK, potentially influencing international norms around state accountability and the safeguarding of human rights.