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| Court lifts ban on MI5 criticism | Court lifts ban on MI5 criticism |
| (40 minutes later) | |
| MI5 officers have been accused by a senior judge of having a "dubious record" over the treatment of former Guantanamo Bay detainee Binyam Mohamed. | MI5 officers have been accused by a senior judge of having a "dubious record" over the treatment of former Guantanamo Bay detainee Binyam Mohamed. |
| Lord Neuberger said some officers had been less than frank about what they knew about Mr Mohamed's ill-treatment. | Lord Neuberger said some officers had been less than frank about what they knew about Mr Mohamed's ill-treatment. |
| His criticism was made public after an exceptionally unusual court decision to publish his draft legal opinion on MI5's respect for human rights. | His criticism was made public after an exceptionally unusual court decision to publish his draft legal opinion on MI5's respect for human rights. |
| The foreign secretary rejected the suggestion MI5 had lied. | |
| Home Secretary Alan Johnson said he was "deeply disappointed" by the ruling. | Home Secretary Alan Johnson said he was "deeply disappointed" by the ruling. |
| Master of the Rolls Lord Neuberger, sitting with the Lord Chief Justice and another senior Court of Appeal judge, amended the court's judgement in the Binyam Mohamed case, restoring the original text, after a massive row over his opinion of security service MI5. | Master of the Rolls Lord Neuberger, sitting with the Lord Chief Justice and another senior Court of Appeal judge, amended the court's judgement in the Binyam Mohamed case, restoring the original text, after a massive row over his opinion of security service MI5. |
| ANALYSIS Dominic Casciani, BBC home affairs correspondent Binyam Mohamed's case has ended in the worst possible legal outcome for the government and MI5. | ANALYSIS Dominic Casciani, BBC home affairs correspondent Binyam Mohamed's case has ended in the worst possible legal outcome for the government and MI5. |
| A summary of his ill-treatment was revealed - and now we know that one of the country's top judges believes that some officers were less than frank. | A summary of his ill-treatment was revealed - and now we know that one of the country's top judges believes that some officers were less than frank. |
| The top judge removed his broader accusations against the Security Service - but he stood by his core criticisms of some officer's behaviour in the case of Binyam Mohamed. | The top judge removed his broader accusations against the Security Service - but he stood by his core criticisms of some officer's behaviour in the case of Binyam Mohamed. |
| The implication of those words has caused such concern in government that MI5's chief was moved to put on record, in a national newspaper, that his service does not endorse torture - and his officers do not collude in it either. | The implication of those words has caused such concern in government that MI5's chief was moved to put on record, in a national newspaper, that his service does not endorse torture - and his officers do not collude in it either. |
| MI5's critics say those words are welcome, but do not answer allegations about the past. Those critics will be emboldened by Lord Neuberger's opinion and will press for more transparency and legal redress for former detainees. Full text of judgement Controversial paragraphs | MI5's critics say those words are welcome, but do not answer allegations about the past. Those critics will be emboldened by Lord Neuberger's opinion and will press for more transparency and legal redress for former detainees. Full text of judgement Controversial paragraphs |
| That row began after the court ordered the government to reveal what intelligence officers knew of Mr Mohamed's treatment in 2002. | That row began after the court ordered the government to reveal what intelligence officers knew of Mr Mohamed's treatment in 2002. |
| But Lord Neuberger's full criticism of MI5 officers was initially omitted from the judgement after a letter of protest from the government's top barrister on the case. | But Lord Neuberger's full criticism of MI5 officers was initially omitted from the judgement after a letter of protest from the government's top barrister on the case. |
| The Court of Appeal said it was now providing Lord Neuberger's full opinion of MI5 - and his original thoughts - in the interests of open justice. | The Court of Appeal said it was now providing Lord Neuberger's full opinion of MI5 - and his original thoughts - in the interests of open justice. |
| Mr Johnson said the government respected the right of the judges to reach their own judgement but it was "right" to voice disagreements. | Mr Johnson said the government respected the right of the judges to reach their own judgement but it was "right" to voice disagreements. |
| He said the UK's security and intelligence services did "outstanding work" and the government "totally rejected" any suggestion of a systemic problem in respecting human rights or "any interest in suppressing or withholding information". | He said the UK's security and intelligence services did "outstanding work" and the government "totally rejected" any suggestion of a systemic problem in respecting human rights or "any interest in suppressing or withholding information". |
| The foreign secretary had also previously denied that officials acted unfairly. | The foreign secretary had also previously denied that officials acted unfairly. |
| 'Serious questions' | 'Serious questions' |
| But shadow foreign secretary William Hague said a "cloud had been cast over the Intelligence Services" and the government needed to do "everything possible to restore public confidence". | But shadow foreign secretary William Hague said a "cloud had been cast over the Intelligence Services" and the government needed to do "everything possible to restore public confidence". |
| Former shadow home secretary David Davis said he welcomed the court's "independence from the attempts of bullying" and the case for a judicial inquiry was "now unanswerable". | Former shadow home secretary David Davis said he welcomed the court's "independence from the attempts of bullying" and the case for a judicial inquiry was "now unanswerable". |
| Liberal Democrat foreign affairs spokesman Edward Davey said the "implication that David Miliband had the wool pulled over his eyes" was "deeply embarrassing" but "serious questions" were also "laid at the door" of Justice Secretary Jack Straw. | Liberal Democrat foreign affairs spokesman Edward Davey said the "implication that David Miliband had the wool pulled over his eyes" was "deeply embarrassing" but "serious questions" were also "laid at the door" of Justice Secretary Jack Straw. |
| Shami Chakrabarti, director of Liberty, said the "repeat and strenuous attempts to cover up" any "complicity in torture" was "shameful". | Shami Chakrabarti, director of Liberty, said the "repeat and strenuous attempts to cover up" any "complicity in torture" was "shameful". |
| Shami Chakrabarti is pleased this document will now be made public | Shami Chakrabarti is pleased this document will now be made public |
| Amnesty International UK director Kate Allen said the "whole affair had been bedevilled by attempts to block the truth" and echoed calls for an inquiry into "all aspects of the UK's alleged involvement in human rights abuses like rendition, secret detention and torture". | Amnesty International UK director Kate Allen said the "whole affair had been bedevilled by attempts to block the truth" and echoed calls for an inquiry into "all aspects of the UK's alleged involvement in human rights abuses like rendition, secret detention and torture". |
| Earlier this month, the Court of Appeal said that Mr Mohamed should be told what security service MI5 knew about his ill-treatment at the hands of the CIA in Pakistan in 2002. | Earlier this month, the Court of Appeal said that Mr Mohamed should be told what security service MI5 knew about his ill-treatment at the hands of the CIA in Pakistan in 2002. |
| The judgement revealed MI5 officers were aware that Mr Mohamed had been deprived of sleep, threatened, shackled and left in so low a mental state that he was on suicide watch. | The judgement revealed MI5 officers were aware that Mr Mohamed had been deprived of sleep, threatened, shackled and left in so low a mental state that he was on suicide watch. |
| During the judgement it emerged that the government's top lawyer on the case had lobbied the court to remove one paragraph relating to MI5's wider human rights record. | During the judgement it emerged that the government's top lawyer on the case had lobbied the court to remove one paragraph relating to MI5's wider human rights record. |
| Lawyers for Mr Mohamed, the media, and legal pressure groups protested, saying it was an attempt to manipulate three of the most senior judges in the land. | Lawyers for Mr Mohamed, the media, and legal pressure groups protested, saying it was an attempt to manipulate three of the most senior judges in the land. |
| On Friday, in an unusual decision, Lord Neuberger agreed to reveal his original wording - and also his final opinion on MI5's record. | On Friday, in an unusual decision, Lord Neuberger agreed to reveal his original wording - and also his final opinion on MI5's record. |
| 'Final word' | 'Final word' |
| The paragraph explains how MI5 had stressed to Parliamentarians that they "operated in a culture that respected human rights and that coercive techniques were alien to the service's general ethics, methodology and training." | The paragraph explains how MI5 had stressed to Parliamentarians that they "operated in a culture that respected human rights and that coercive techniques were alien to the service's general ethics, methodology and training." |
| THE BINYAM MOHAMED AFFAIR Ethiopian-born UK resident Binyam Mohamed was arrested in Pakistan in 2002. He was handed over to US agents and interrogated as a suspected terrorist. Courts say he was subjected to "cruel, inhuman and degrading treatment" before being secretly flown to Morocco. There, he was tortured and then flown to a secret prison in Afghanistan. He was later transferred to Guantanamo Bay and finally released in early 2009. The US told British officials that Mr Mohamed was being held and had been mistreated - and the Court of Appeal ordered the government to reveal what it knew. Mr Mohamed says MI5 was complicit in his torture because it could have intervened - but instead supplied questions to help his interrogators. | THE BINYAM MOHAMED AFFAIR Ethiopian-born UK resident Binyam Mohamed was arrested in Pakistan in 2002. He was handed over to US agents and interrogated as a suspected terrorist. Courts say he was subjected to "cruel, inhuman and degrading treatment" before being secretly flown to Morocco. There, he was tortured and then flown to a secret prison in Afghanistan. He was later transferred to Guantanamo Bay and finally released in early 2009. The US told British officials that Mr Mohamed was being held and had been mistreated - and the Court of Appeal ordered the government to reveal what it knew. Mr Mohamed says MI5 was complicit in his torture because it could have intervened - but instead supplied questions to help his interrogators. |
| Lord Neuberger's final paragraph goes on: "Yet in this case that does not seem to have been true: as the evidence shows, some Security Services officials appear to have a dubious record relating to actual involvement, and frankness about any such involvement, with the mistreatment of Mr Mohamed when he was held at the behest of US officials." | Lord Neuberger's final paragraph goes on: "Yet in this case that does not seem to have been true: as the evidence shows, some Security Services officials appear to have a dubious record relating to actual involvement, and frankness about any such involvement, with the mistreatment of Mr Mohamed when he was held at the behest of US officials." |
| The judge then says that while the good faith of the foreign secretary was not in doubt, a question mark now hung over some of the legal statements he had made, based on MI5 advice. | The judge then says that while the good faith of the foreign secretary was not in doubt, a question mark now hung over some of the legal statements he had made, based on MI5 advice. |
| "Not only is there some reason for distrusting such a statement given that it is based on Security Services advice and information because of previous, albeit general, assurances in 2005, but also the security services have an interest in the suppression of such information." | "Not only is there some reason for distrusting such a statement given that it is based on Security Services advice and information because of previous, albeit general, assurances in 2005, but also the security services have an interest in the suppression of such information." |
| The Court of Appeal said that Lord Neuberger's wording was its final opinion on the matter. | The Court of Appeal said that Lord Neuberger's wording was its final opinion on the matter. |
| Lord Neuberger's draft wording was broadly similar but had made wider accusations about the Security Services' "previous form". | Lord Neuberger's draft wording was broadly similar but had made wider accusations about the Security Services' "previous form". |
| The judge accepted that his opinion of MI5's record should be restricted to facts in the Binyam Mohamed case. | The judge accepted that his opinion of MI5's record should be restricted to facts in the Binyam Mohamed case. |