Wednesday, February 10, 2010

Judges order release of secret Binyam Mohamed torture evidence

Judges order release of secret Binyam Mohamed torture evidence

The Foreign Secretary David Miliband today lost his appeal court bid to prevent senior judges disclosing secret information relating to torture allegations in the case of Binyam Mohamed.

The former Guantanamo Bay detainee says that he was tortured in Pakistan while held by the CIA, with the knowledge of the British.

Lord Justice Thomas and Mr Justice Lloyd Jones want to disclose summaries of information held by the British security services. Mr Miliband, branded them “irresponsible” in an unprecedented attack on the judiciary, but today three of the country’s highest-ranking judges rejected both the minister’s accusations and his appeal.

The court rejected the Government's claim that revealing the information would damage transatlantic intelligence co-operation.


The 7 previously redacted paragraphs...

[It was reported that a new series of interviews was conducted by the United States authorities prior to 17 May 2001 as part of a new strategy designed by an expert interviewer.

v) It was reported that at some stage during that further interview process by the United States authorities, BM had been intentionally subjected to continuous sleep deprivation. The effects of the sleep deprivation were carefully observed.

vi) It was reported that combined with the sleep deprivation, threats and inducements were made to him. His fears of being removed from United States custody and “disappearing” were played upon.

vii) It was reported that the stress brought about by these deliberate tactics was increased by him being shackled in his interviews

viii) It was clear not only from the reports of the content of the interviews but also from the report that he was being kept under self-harm observation, that the inter views were having a marked effect upon him and causing him significant mental stress and suffering.

ix) We regret to have to conclude that the reports provide to the SyS made clear to anyone reading them that BM was being subjected to the treatment that we have described and the effect upon him of that intentional treatment.

x) The treatment reported, if had been administered on behalf of the United Kingdom, would clearly have been in breach of the undertakings given by the United Kingdom in 1972. Although it is not necessary for us to categorise the treatment reported, it could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities]

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