The intelligence services have routinely been intercepting legally privileged communications ... according to internal MI5, MI6 and GCHQ documents. The information obtained may even have been exploited unlawfully and used by the agencies in the fighting of court cases in which they themselves are involved, the Investigatory Powers Tribunal (IPT) has been told. MP David Davis, a former shadow home secretary, said past practice was to delete such material immediately if it was ever picked up. 28 extracts of internal intelligence policies showing how legally privileged material is handled by security officials were released to lawyers pursuing a claim through the IPT. The claim has been brought by two Libyans, Abdel-Hakim Belhaj and Sami Al Saadi. They were abducted in a joint MI6-CIA operation and ... tortured by Colonel Muammar Gaddafi's regime in 2004. Belhaj has been given permission to sue the government for his mistreatment. Davis, who attended the hearing, said: In the past, when a bug or intercept on a criminal accidentally picked up a conversation with the criminal's lawyer, the rule was that it was immediately deleted. Today's hearing shows that is no longer the case. Agencies are clearly keeping records of legal privileged material, and have explicit policies to handle it. In the case of MI5 that policy includes concealing ... that they have the material. This change has been carried out without changing the law or telling parliament. This is an enormous breach of defendants' judicial rights."
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