In a remarkable development the Home Secretary has referred the case of Binyam Mohamed (the last British resident detained in Guantanamo Bay) to the Attorney General to investigate potential criminal wrongdoing by the British state and security services.

In a further development this week, under intense pressure from the UK Courts and the British Government, the US Authorities have finally given in and handed over to Mr Mohamed’s US lawyers 42 secret documents which support his case that his confessions were extracted as a result of torture, albeit with redactions.

During the course of judicial review proceedings brought by Leigh Day & Co on behalf of Mr Mohamed more and more details of his unlawful detention, extraordinary rendition, ill treatment and torture have come to light.

Mr Mohamed has consistently alleged that the crimes he has been charged with are based solely on his confessions which were extracted from him after 2 ½ years of incommunicado detention and torture:

•    He was detained in Pakistan in April 2002 for attempting to leave the country on a false passport
•    He was held incommunicado in Pakistan and ill-treated at the behest of the CIA who repeatedly interrogated him
•    He was interviewed by a British Security Service agent who indicated to him that he was going to be rendered for torture in a Middle Eastern country
•    He was then flown by the CIA to Morocco in July 2002 where he was handed over to the Moroccans and brutally tortured over a period of 18 months
•    During his torture and interrogation he was presented with photographs and questioned on matters that could only have originated from UK sources
•    In April 2004 he was collected from Morocco by the CIA and taken to the notorious ‘Black Prison’ in Afghanistan were he was subjected to ill treatment and torture by the US.
•    In July 2004 he was transferred to Baghram Airbase outside Kabul where confessions were taken by a US “clean team”.
•    Finally he was flown to Guantanamo Bay in September 2004 where he was remained ever since

The US Government has consistently denied Mr Mohamed’s account but have refused to make any comment about the 2 ½ year period that Mr Mohamed was ‘disappeared’. 

As a result of the legal proceedings brought by Leigh Day & Co, it has now been established that:

•    Mr Mohamed was unlawfully imprisoned and ill-treated in Pakistan
•    There is a reasonable suspicion that Mr Mohamed’s ill-treatment in Pakistan amounted to the crime of torture
•    British secret services became aware of Mr Mohamed’s unlawful detention and ill treatment when they were passing information about Mr Mohamed to the US to facilitate his interrogation
•    British secret services sent an agent to interview Mr Mohamed in full knowledge of the circumstances of his detention
•    British secret services continued to supply the Americans with intelligence information on Mr Mohamed after he ‘disappeared’
•    British secret services knew, or ought to have known, that Mr Mohamed remained in the control of the US authorities after his ‘disappearance’

The primary objective of Mr Mohamed’s UK legal challenge – the disclosure of 42 documents to his defence lawyers – has now been achieved.  However, there remain significant issues of public importance to be resolved.

No-one could have expected at the outset of these proceedings how heavily mixed up in these serious crimes the UK had become.  The full details of Mr Mohamed’s mistreatment and the UK’s involvement in it have only been aired in secret closed hearings in the High Court during which Mr Mohamed has been represented by Special Advocates. 

Further details of Mr Mohamed’s treatment and the UK’s involvement were originally included in the Court’s judgment of 21 August but were removed at the insistence of the Security Services.  However, in its judgment of 22 October the Court has invited media organisations to make representations as to why it would be in the public interest for these further details to be made public. Today, the Court has taken the step of writing to the Press Association specifically inviting submissions from the press on these important issues.

The Court will then decide whether further disclosures should be made public.

The seriousness of these matters is demonstrated in the Home Secretary’s referral of the allegations to the Attorney General for investigation.

Leigh Day & Co calls upon the Attorney General to urgently refer these grave matters to the Crown Prosecution Service and police to conduct a thorough criminal investigation.

For more information please contact Jamie Beagent on 020 7650 1200.