*R (on the application of Hussein) v Secretary of State for Defence

War – Prisoners of war. The claimant sought judicial review of the defendant Secretary of State's policy, authorising 'challenge direct' for use in the interrogation of persons captured by United Kingdom forces in situations of armed conflict. The Divisional Court dismissed the application and the claimant appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the conduct authorised by the policy did not constitute inhumane treatment, coercion, threatening or insulting conduct, or unpleasant or disadvantageous behaviour. Further, there was nothing inherent in the policy which gave rise to an unacceptable risk of unlawful conduct. In any event, the claimant lacked standing to bring the proceedings.

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