Yahya Assiri, a pro-democracy and human rights activist, has received the High Court’s approval to initiate legal proceedings against the Kingdom of Saudi Arabia in the UK. This significant ruling arises from allegations that the Saudi government hacked Assiri’s phones using Israeli-developed spyware.
Specifically, the case is notable as it involves QuaDream spyware, which targets iPhones, marking it as the first instance of this spyware reaching the UK courts.
The High Court concluded that Assiri has a substantial chance of winning his case, a decision that underscores the message that states cannot evade accountability for the repression of dissidents. Monika Sobiecki, a partner at Bindmans LLP representing Assiri, highlighted the ruling as a powerful statement against governmental secrecy in their actions against activists.
Assiri has been in the UK since 2013 and has been a vocal critic of the Saudi regime, being a founding member of the opposition National Assembly Party and the founder of ALQST, an organization dedicated to defending human rights in Saudi Arabia.
Yahya Assiri Gains High Court Approval to Sue Saudi Arabia Over Alleged Spyware Hacking
Between 2018 and 2020, Assiri’s devices were reportedly infected by both Pegasus and QuaDream spyware, which allowed the Saudi government to access sensitive personal information, including text messages, calls, and location data.
This monitoring capability raised alarms about privacy violations and the potential for misuse of data against Assiri and others associated with him. Independent analyses by organizations like the Citizen Lab confirmed the presence of the spyware on his devices, reinforcing the credibility of Assiri’s claims.
The legal complaint details specific incidents of surveillance, including a 2018 text message containing a malicious link that compromised his iPhone, followed by subsequent attacks in 2020.
Assiri’s close association with high-profile dissidents, such as Jamal Khashoggi and Abdullah Hamid Ali al-Hamid, amplifies the implications of these surveillance efforts. The data accessed through the spyware included sensitive information related to human rights advocacy, underscoring the risks faced by those opposing the Saudi regime.
Both Pegasus and QuaDream spyware possess extensive monitoring capabilities, allowing them to intercept communications, track locations, and access private files without the user’s consent.
These technologies utilize “zero-click” exploits, meaning they can infect devices without any interaction from the target, posing significant threats to privacy and security for activists. The capacity for such invasive surveillance raises serious ethical concerns regarding the use of technology in state-sponsored repression.
Assiri’s case is part of a broader pattern of legal challenges against the Saudi government, following similar actions by other activists like Ghanem Al-Masarir, who has also alleged surveillance through Pegasus. The Metropolitan Police in the UK are currently investigating several complaints from activists who believe they were targeted by spyware linked to Saudi Arabia and its allies.
Assiri has expressed deep concern for the safety of fellow human rights defenders, especially those who may have been compromised due to their connections with him. He anticipates that Saudi Arabia will invoke state immunity in this case, but he is prepared to argue for exceptions based on the nature of the harm caused.
