Leigh Day & Co, along with other lawyers representing former Guantanamo Detainees and ten prominent human rights organisations, have today announced their withdrawal from the UK Government’s Detainee Inquiry on the grounds that it cannot get to truth about British complicity in torture.
The Inquiry was first announced by the Prime Minister in July last year in the wake of legal proceedings brought by a group of former Guantanamo detainees, alleging that the British government had been complicit in their unlawful rendition, detention and torture by the United States. Leigh Day & Co represented British resident Binyam Mohamed in the proceedings, which brought to light a number of deeply disturbing documents indicating that British knowledge of and involvement in the rendition programme went far deeper than had previously been thought.
However, the recent release of the Inquiry’s
protocols and terms of reference, has cast serious doubts over the Inquiry’s credibility and ability to achieve its stated aims. In a letter to the Inquiry on 3 August, the group of lawyers, including Leigh Day & Co state that the Inquiry’s current structure and protocols will make it ‘impossible’ for it to carry out a thorough, independent investigation into the allegations made. The letter expresses particular concern about the Inquiry’s lack of transparency or proper representation for the former detainees themselves:
‘What is proposed is a “Detainee Inquiry” in which there will be no constructive participation by the detainees. The detainees will not be able to ask questions or see or hear the key evidence which is to be considered only in secret session. They will not even know if the individuals being questioned are the right ones.”
Further
‘The Cabinet Office will have a veto on information to be released to the public even though the Cabinet Office itself is implicated in the matters to be investigated’.
Sapna Malik, the Leigh Day & Co partner representing Binyam Mohamed, commented today:
“The decision we have taken to withdraw from the Inquiry is not one we have made lightly. We have made genuine attempts to engage with Sir Peter Gibson’s panel over a long period to make this Inquiry work. However, we believe that, in its current form, the Inquiry will be unable to achieve its stated goals. We hope that the government and the Inquiry panel will now consider amending its terms of reference and protocols, to bring more rigour, independence and accountability to the process and enable the Inquiry to stand up to public scrutiny.”
For further information, please contact
Sapna Malik or
Keren Adams on 0207 650 1222
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