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Government loses torture appeal Government loses torture appeal
(10 minutes later)
Foreign Secretary David Miliband has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.Foreign Secretary David Miliband has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.
Ethiopian-born Binyam Mohamed says UK authorities knew he was tortured at the behest of US authorities during seven years of captivity.Ethiopian-born Binyam Mohamed says UK authorities knew he was tortured at the behest of US authorities during seven years of captivity.
Mr Miliband had said releasing the material would harm national security.Mr Miliband had said releasing the material would harm national security.
Judges ruled redacted paragraphs, which say his treatment was "cruel, inhuman and degrading", should be released.Judges ruled redacted paragraphs, which say his treatment was "cruel, inhuman and degrading", should be released.
The judgement was delivered by the three most senior Court of Appeal judges in England and Wales.The judgement was delivered by the three most senior Court of Appeal judges in England and Wales.
The key document in the case is a seven-paragraph summary of what the CIA told their British intelligence officials about Mr Mohamed's treatment in 2002. The key details are contained in a seven-paragraph summary of what the CIA told their British intelligence officials about Mr Mohamed's treatment in 2002.
We remain determined to uphold our very strong commitment against mistreatment of any kind Foreign Secretary statement Redacted paragraphs in fullWe remain determined to uphold our very strong commitment against mistreatment of any kind Foreign Secretary statement Redacted paragraphs in full
Following the ruling, Mr Miliband issued a statement in which he said "the government accepts the decision of the Court of Appeal".Following the ruling, Mr Miliband issued a statement in which he said "the government accepts the decision of the Court of Appeal".
The redacted paragraphs have now been published on the Foreign Office website.The redacted paragraphs have now been published on the Foreign Office website.
BBC home affairs reporter Dominic Casciani said the seven-paragraph summary released by the court provides details of what London learnt about Mr Mohamed's treatment in 2002, following his detention in Pakistan.BBC home affairs reporter Dominic Casciani said the seven-paragraph summary released by the court provides details of what London learnt about Mr Mohamed's treatment in 2002, following his detention in Pakistan.
At the time he was being held by Pakistani interrogators at the behest of the US.At the time he was being held by Pakistani interrogators at the behest of the US.
It says that Mr Mohamed was intentionally subjected to continuous sleep deprivation during this period.It says that Mr Mohamed was intentionally subjected to continuous sleep deprivation during this period.
Along with the sleep deprivation, it says the interrogators subjected him to threats and inducements, including playing on his fears that he would be passed on to another country.Along with the sleep deprivation, it says the interrogators subjected him to threats and inducements, including playing on his fears that he would be passed on to another country.
'Overwhelming' public interest'Overwhelming' public interest
London learnt that the stress brought on by these deliberate tactics was increased by him being shackled during his interviews and that Mr Mohamed was eventually placed on suicide watch.London learnt that the stress brought on by these deliberate tactics was increased by him being shackled during his interviews and that Mr Mohamed was eventually placed on suicide watch.
The judgement continued: "We regret to have to include that the reports provided to the Security Service made clear to anyone reading them that BM was being subjected to the treatment that we have described and the effect upon him of that intentional treatment.The judgement continued: "We regret to have to include that the reports provided to the Security Service made clear to anyone reading them that BM was being subjected to the treatment that we have described and the effect upon him of that intentional treatment.
"The treatment reported, if it had been administered on behalf of the United Kingdom would clearly have been in breach of [a ban on torture]."The treatment reported, if it had been administered on behalf of the United Kingdom would clearly have been in breach of [a ban on torture].
"Although it is not necessary for us to categorise the treatment reported, it could be readily contented to be at the very least cruel, inhuman and degrading treatment of BM by the United States authorities.""Although it is not necessary for us to categorise the treatment reported, it could be readily contented to be at the very least cruel, inhuman and degrading treatment of BM by the United States authorities."
Last year, the High Court ruled that the seven paragraphs should be published, with the judges saying that they did not believe the US would stop co-operating with British intelligence officials if the material was made public.Last year, the High Court ruled that the seven paragraphs should be published, with the judges saying that they did not believe the US would stop co-operating with British intelligence officials if the material was made public.
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.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.
However, the summary was kept secret to allow the foreign secretary to appeal.However, the summary was kept secret to allow the foreign secretary to appeal.
Committed against mistreatmentCommitted against mistreatment
Mr Miliband had said that the court had no authority to disclose US secrets that had been handed over to the British under a long-standing principle within the intelligence community that information can be shared, but never disclosed without permission.Mr Miliband had said that the court had no authority to disclose US secrets that had been handed over to the British under a long-standing principle within the intelligence community that information can be shared, but never disclosed without permission.
In his statement, Mr Miliband said this principle was "at the heart of this case", adding: "This 'control principle' is essential to the intelligence relationship between Britain and the US.In his statement, Mr Miliband said this principle was "at the heart of this case", adding: "This 'control principle' is essential to the intelligence relationship between Britain and the US.
"The government fought the case to preserve this principle and today's judgement upholds it.""The government fought the case to preserve this principle and today's judgement upholds it."
The statement concluded: "We remain determined to uphold our very strong commitment against mistreatment of any kind."The statement concluded: "We remain determined to uphold our very strong commitment against mistreatment of any kind."
Mr Mohamed was arrested in Pakistan over a visa irregularity and was handed over to US officials. He was secretly flown to Morocco in 2002.Mr Mohamed was arrested in Pakistan over a visa irregularity and was handed over to US officials. He was secretly flown to Morocco in 2002.
There, he says he was tortured while interrogators asked him questions about his life in London.There, he says he was tortured while interrogators asked him questions about his life in London.
He says these questions could only have come only from British intelligence officers.He says these questions could only have come only from British intelligence officers.