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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 Morocco.Ethiopian-born Binyam Mohamed, 31, who spent four years in Guantanamo Bay, claims British authorities colluded in his torture while in Morocco.
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.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.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.
[It] shows the British government is hiding something and they are using the US government as an excuse Binyam Mohamed
'Inviolable principle''Inviolable principle'
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.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.
Mr Miliband argued that releasing the material would threaten Britain's national security because future intelligence sharing with the US could be compromised.Mr Miliband argued that releasing the material would threaten Britain's national security because future intelligence sharing with the US could be compromised.
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.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.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". Responding to the ruling, Mr Miliband told the BBC the court had "fundamentally misunderstood" the key principle of intelligence sharing.
"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. BINYAM MOHAMED Detained in Pakistan in 2002, questioned there by MI5 officerTransferred to Morocco, claims he was tortured in US custody and asked questions supplied by MI5Later interred in Guantanamo Bay and eventually released in 2009
A full public inquiry into the darker side of Britain's war on terror becomes more inevitable by the day Shami Chakrabarti, Liberty "We have no objection to this material being published by the appropriate authorities, in this case the United States," he said.
"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." "What I do have a very deep objection to is the idea that a British court should publish American secrets - in the same way that I would have a deep objection if an American court started publishing British secrets.
"Our national security strategy demands cooperation with many, many countries, and it's vital that they know that when they give us their secrets we protect them."
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. The US also denies any allegations of torture concerning Mr Mohamed and a former senior official in the Bush administration told the BBC that releasing the material would have an "enormous chilling effect" on US-UK relations.
"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." ANALYSIS By Dominic Casciani, home affairs correspondent, BBC News This is high-stakes political poker, and the foreign secretary is sticking to his line that the US could stop sharing intelligence that saves lives if the material is released. But if the threat posed by this document's release is so great, why this decision? We don't yet know the judges full reasons because MI5 asked for some of their judgement to be held back, but they clearly don't believe President Obama would play hardball over a summary of what happened to a detainee held under the watch of former President Bush. So, in their view, there's no substantial risk the CIA would close the door on sharing intelligence with its greatest ally.
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, was first detained in Pakistan in 2002. He was questioned there by an MI5 officer before being transferred to Morocco.
He says that while in US custody in Morocco he was tortured at the behest of the CIA and asked questions supplied by British intelligence agency MI5.
Mr Mohamed was later transferred to Guantanamo Bay and eventually released in February this year.
Before Friday's judgment, Mr Mohamed told BBC Radio 4's PM programme that it was "very important" for the material to be released.
"The public needs to know what their government has been up to for the last seven years," he said.
Asked about the attempts to block publication, he said: "That shows the British government is hiding something and they are using the US government as an excuse."
Jeremy Croft, head of policy and government affairs at Amnesty International UK, said: "This is a welcome decision, but it should not have needed a court ruling to force the UK government to be transparent about allegations of complicity in torture.
"Today's ruling underlines the need for a full and impartial inquiry into the UK's role in human rights abuses in the 'War on terror'."
Conservative backbencher and former shadow home secretary David Davis said the government should "stop trying to delay proceedings with further futile appeals".
HIGH COURT RULING Summary Full judgement Most computers will open this document automatically, but you may need Adobe Reader Download the reader hereHIGH COURT RULING Summary Full judgement Most computers will open this document automatically, but you may need Adobe Reader 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. "The British public have a right to know the judges' assessment of the extent of complicity of the UK and US intelligence services in torture, and to determine for themselves why the government has tried for so long to cover up this assessment."
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. Liberal Democrat foreign affairs spokesman Ed Davey said the court was right to argue that publication would not jeopardise British-American security co-operation.
That official, known in court as "Witness B", had questioned Mr Mohamed previously when he was arrested in Pakistan earlier in 2002. "The foreign secretary is in danger of putting his own judgement about the security services above the rule of law and democracy," he added.
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."
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.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.