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'Torture documents' can be seen 'Torture documents' can be seen
(30 minutes later)
The High Court has ruled that US intelligence documents containing details of the alleged torture of a former UK resident can be released.The High Court has ruled that US intelligence documents containing details of the alleged torture of a former UK resident can be released.
Ethiopian-born Binyam Mohamed, 31, who spent four years in Guantanamo Bay, claims British authorities colluded in his torture while in Pakistan. Ethiopian-born Binyam Mohamed, 31, who spent four years in Guantanamo Bay, claims British authorities colluded in his torture while in Morocco.
High Court judges were previously blocked from making the details public.
The UK government denies allegations of collusion and says it will appeal against the court's judgement.The UK government denies allegations of collusion and says it will appeal against the court's judgement.
It had stopped judges publishing the claims on national security grounds.
The key document in the case is a summary of abuse allegations that US intelligence officers shared with their counterparts in London.
Any publication of the material will be delayed until an appeal takes place.Any publication of the material will be delayed until an appeal takes place.
'Inviolable principle''Inviolable principle'
Foreign Secretary David Miliband had argued that releasing the material would threaten Britain's national security because future intelligence sharing with the US could be compromised. When the High Court gave its original judgement on the case last year, a seven paragraph summary of Mr Mohamed's torture claims was removed on the orders of Foreign Secretary David Miliband.
But Lord Justice Thomas and Mr Justice Lloyd Jones ruled those arguments were unfounded and the material should be made public. Mr Miliband argued that releasing the material would threaten Britain's national security because future intelligence sharing with the US could be compromised.
Responding to the judgement, Mr Miliband said in a statement that the UK government was "deeply disappointed". But Lord Justice Thomas and Mr Justice Lloyd Jones ruled that the risk to national security was "not a serious one" and there was "overwhelming" public interest in disclosing the material.
Their judgement was also delayed on Friday because MI5 insisted part of it - explaining why there was such a significant public interest in the case - should be redacted.
Responding to the court ruling, Mr Miliband said in a statement that the UK government was "deeply disappointed".
"The issues at stake are simple, but profound. They go to the heart of the efforts made to defend the security of the citizens of this country," he said."The issues at stake are simple, but profound. They go to the heart of the efforts made to defend the security of the citizens of this country," he said.
A full public inquiry into the darker side of Britain's war on terror becomes more inevitable by the day Shami Chakrabarti, LibertyA full public inquiry into the darker side of Britain's war on terror becomes more inevitable by the day Shami Chakrabarti, Liberty
"We only share British intelligence with other countries on the basis that they will not disclose that intelligence without our express permission. The same inviolable principle applies to foreign intelligence shared with us.""We only share British intelligence with other countries on the basis that they will not disclose that intelligence without our express permission. The same inviolable principle applies to foreign intelligence shared with us."
Mr Miliband said the government stood "firmly against torture and cruel, inhuman and degrading treatment or punishment", but he vowed to continue to challenge the court's ruling "in the strongest possible terms".Mr Miliband said the government stood "firmly against torture and cruel, inhuman and degrading treatment or punishment", but he vowed to continue to challenge the court's ruling "in the strongest possible terms".
"I am determined that the vigour with which we fight this case will maintain the confidence of and send a clear message to all our intelligence partners across the world," he said."I am determined that the vigour with which we fight this case will maintain the confidence of and send a clear message to all our intelligence partners across the world," he said.
"The United Kingdom will protect the information that you share with us and uphold the principle that it is for you, not us or our courts, to decide if and when to release such material in to the public domain.""The United Kingdom will protect the information that you share with us and uphold the principle that it is for you, not us or our courts, to decide if and when to release such material in to the public domain."
The US also denies any allegations of torture concerning Mr Mohamed.The US also denies any allegations of torture concerning Mr Mohamed.
Government 'shamed'Government 'shamed'
Mr Mohamed, who once lived in north Kensington, London, returned to the UK in February 2009 after seven years in custody.Mr Mohamed, who once lived in north Kensington, London, returned to the UK in February 2009 after seven years in custody.
He claims he was tortured while in US custody in Pakistan, Morocco and Afghanistan, and while in Morocco, that he was asked questions supplied by British intelligence agency MI5. HIGH COURT RULING class="" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/16_10_09_mohamed.pdf">Summary class="" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/16_10_09_mohamed_judgement.pdf">Full judgement Most computers will open this document automatically, but you may need Adobe Reader href="http://www.adobe.com/products/acrobat/readstep2.html">Download the reader here
He claims he was tortured while in US custody in Pakistan, Morocco and Afghanistan, and while in Morocco in 2002, that he was asked questions supplied by British intelligence agency MI5.
In July, it emerged that an MI5 officer visited Morocco three times during that period, but the intelligence agency said its official did not know Mr Mohamed was in the country.
That official, known in court as "Witness B", had questioned Mr Mohamed previously when he was arrested in Pakistan earlier in 2002.
Shami Chakrabarti, director of human rights organisation Liberty, said: "The government should be shamed by this High Court finding suggesting that secrecy is being used to prevent political embarrassment about torture rather than to protect national security.Shami Chakrabarti, director of human rights organisation Liberty, said: "The government should be shamed by this High Court finding suggesting that secrecy is being used to prevent political embarrassment about torture rather than to protect national security.
"A full public inquiry into the darker side of Britain's war on terror becomes more inevitable by the day.""A full public inquiry into the darker side of Britain's war on terror becomes more inevitable by the day."
In March, Attorney General Baroness Scotland confirmed the police would investigate whether an MI5 officer had been complicit in the alleged torture of Mr Mohamed.