This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/uk/8311075.stm
The article has changed 14 times. There is an RSS feed of changes available.
Version 2 | Version 3 |
---|---|
'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 ruling, Mr Miliband told the BBC the court had "fundamentally misunderstood" the key principle of intelligence sharing. | |
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 | |
"We have no objection to this material being published by the appropriate authorities, in this case the United States," he said. | |
"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". |
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. | |
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. | |
Government 'shamed' | Government 'shamed' |
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 here | HIGH COURT RULING Summary Full judgement Most computers will open this document automatically, but you may need Adobe Reader Download the reader here |
"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." | |
Liberal Democrat foreign affairs spokesman Ed Davey said the court was right to argue that publication would not jeopardise British-American security co-operation. | |
"The foreign secretary is in danger of putting his own judgement about the security services above the rule of law and democracy," he added. | |
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. |