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Guantanamo Bay

British resident, Binyam Mohamed, was detained in Pakistan in 2002. He was held and tortured for two years, initially in Pakistan and then in secret detention facilities in Morocco and Afghanistan. He was then transferred to the notorious US detention facility at Guantanamo Bay, from which he was finally released in 2009.

Leigh Day represented Binyam Mohamed in civil proceedings against the British security services, Foreign Office and Home Office. We obtained disclosure from the British Government about their involvement in Binyam Mohamed’s detention and interrogations. We then represented Binyam Mohamed to successfully sue the British Government for complicity in his unlawful detention and mistreatment.

In 2008, the English High Court ruled that the British security services had facilitated the interrogation of Binyam Mohamed in Pakistan despite knowing that his detention there was unlawful. The Court also found that they had continued to facilitate his interviews for the US authorities during the following two years despite knowing that Binyam Mohamed was being held in secret detention outside US custody. The High Court further found that Binyam Mohamed had been subjected to treatment in Pakistan that, had it been administered by UK officials, would have breached the UK’s ban on torture.

Binyam Mohamed’s civil claim was successfully resolved in 2010. The litigation led to an announcement by the British Prime Minister of a public inquiry, called the ‘Detainee Inquiry’, to examine the UK’s role in the improper treatment of detainees held in counter-terrorism operations overseas.

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