On the day that it was
announced that Home Secretary, Jacqui Smith, will appear before the Parliamentary Joint Committee on Human Rights to answer questions about UK collusion in torture in Pakistan, the British High Court has once again made unprecedented criticisms of the US authorities over the British and US involvement in torture in Pakistan.
Leigh Day & Co is representing Guantanamo detainee, Binyam Mohamed, in proceedings which ultimately forced the US to disclose to him secret correspondence with UK security services reporting upon his torture and abuse in Pakistan. The documents or their details were not though made public.
In the judgment handed down today, Lord Justice Thomas and Mr Justice Lloyd Jones expressed further criticism of the US and they reiterated their disbelief that the US authorities continued to threaten the UK in order to prevent the release of details of US involvement in the torture of Mr Mohamed:
“The suppression of reports of wrongdoing by officials (in circumstances which cannot in any way affect national security) would be inimical to the rule of law and the proper functioning of a democracy. Championing the rule of law, not suppressing it, is the cornerstone of a democracy.”
The judgment was given in response to an application by the media for the publication of details of Mr Mohamed’s ill treatment and torture. These details had been removed from the original judgment at the request of David Miliband the Foreign Secretary who informed the Court that the US had threatened to curtail intelligence sharing if evidence of their involvement in rendition and torture were made public.
The evidence was so explosive because it comprised intelligence reports from the US effectively confessing to the torture and unlawful treatment of Mr Mohamed. Mr Mohamed was later rendited to Morocco where he was even more horrifically tortured before finally being taken to Guantanamo Bay.
The Judges had hoped that the change of regime in the US may have led to a more rational approach but were disappointed. In a depressing reflection of the House of Lords’ judgment in the Serious Fraud Office case concerning Saudi Arabian threats to UK national security, the Court held that the US threats could not be dismissed or second-guessed.
Richard Stein commented “This judgment yet again makes clear the Court’s grave concerns about the US’s attempts to conceal its involvement in torture and rendition. Unfortunately, following the judgment by the House of Lords in the BAE-Saudi arms case, the Court considered itself powerless to overrule the British government’s decision to yield to a threat to national security thereby covering up international crimes and torture.”
However, the Judges did express the hope that these deeply disturbing events would be investigated by the Parliamentary Intelligence and Security Committee. They also approved of the fact that potential criminal proceedings against the UK security services were already being considered by the Attorney General.
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