Guantanamo Briton wins high court battle
Last British resident detained at Guantanamo Bay wins legal battle against government to release controversial evidence
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Thursday, 21, Aug 2008 06:10
The last British resident to be detained at Guantanamo Bay has won a legal battle to force the government to release evidence he says proves he was tortured.
Two high court judges ruled the Foreign and Commonwealth Office (FCO) must disclose the evidence, which Binyam Mohamed's lawyers hope will lead to his release.
Lord Justice Thomas and Mr Justice Lloyd Jones said the UK government had "facilitated [Mr Mohamed's] ill-treatment and torture".
Mr Mohamed, 30, who is facing a military trial on terrorism charges after spending the last six years at the controversial Cuban-based detention camp, claims he was a victim of extraordinary rendition and torture at the hands of US authorities.
When contacted by inthenews.co.uk the FCO said it was "considering the implications of this judgment very carefully".
A spokesperson explained the government wanted to give Mr Mohamed's defence lawyers access to information which could assist him but for "strong reasons of national security" it could not disclose this information voluntarily.
Mixed-up
Mr Mohamed's solicitors Leigh Day and Co said today's ruling vindicated the firm's stance the UK government was duty bound to provide Mr Mohamed with information in its possession which corroborated his account of rendition and torture.
A spokesperson told inthenews.co.uk the government had become "mixed-up" in the wrongdoing taking place at Guantanamo.
In the high court the judges said UK counterterrorism agents had interrogated Mr Mohamed when he was held in Pakistan in 2002 and subsequently continued to supply the US with information that was used by his torturers in Morocco.
Further hearings are expected to take place this week to determine what evidence is released to Mr Mohamed's lawyers.
Richard Stein of Leigh Day and Co called on foreign secretary David Miliband to reflect on the judgment and help Mr Mohamed to leave Guantanamo.
"Today's judgment reflects the abhorrence of decent society at the methods employed by the United States government in the supposed war on terror," he said.
"It has taken the courts of this country to intervene and reiterate the importance of upholding the rule of law."
Landmark for Guantanamo
Commenting, Reprieve director Clive Stafford-Smith said the ruling was a "momentous decision" that proved the Bush administration's crimes against Ethiopian-born Mr Mohamed.
"Compelling the British government to release information that can prove Mr Mohamed's innocence is one obvious step towards making up for the years of torture that he has suffered," the human rights expert said.
"The next step is for the British government to demand an end to the charade against him in Guantanamo Bay, and return him home to Britain."
In further reaction, Amnesty International UK told inthenews.co.uk it expected the government to make the information readily available as soon as possible.
"If torture or ill-treatment has taken place it should be exposed, investigated and any 'confessions' extracted under torture should be discounted," the human rights group's Guantanamo campaigner Sara Mac Neice said.
"Binyam has already been held in harsh conditions for over six years. According to his lawyer, his mental health has suffered considerably. David Miliband should ask the US to move him to a less oppressive part of the Guantanamo prison complex at the earliest opportunity," Ms Mac Neice said.
"Ultimately Binyam Mohammed should be returned to Britain and released or be given a proper trial - not a shoddy 'military commission'. And the whole Guantanamo regime, of harsh conditions, ill-treatment and military show trials should be brought to an end."
Matthew Champion