A High Court ruling by two British judges regarding the torture of a Guantánamo detainee has unleashed a major political crisis.
The judges have stated that they have been pressured by the United States into concealing evidence that should be made available in any country governed by the rule of law. This took the form of threats to withdraw security cooperation, instigated under the Bush administration and continued under Barak Obama’s presidency.
Binyam Mohamed, 30, is currently in Guantánamo Bay but is reportedly being prepared for a return to the UK. He states that he was tortured by US agents in Pakistan, Morocco and Afghanistan between 2002 and 2004, and that Britain’s security agencies were complicit.
The High Court judgment on February 4 refused to order the disclosure of the CIA dossier said to contain evidence of his abuse. The document is a report by the US government to the British security services. The ruling followed a submission by the UK Foreign Office.
While calling for the document to be made public, the judges stated that it was not presently in the public interest to publish it, as the US government could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat still pertains”.
The joint judgment by Lord Justice Thomas and Mr Justice Lloyd Jones registered its concern that the document remained secret. “In the light of the long history of the common law and democracy which we share with the United States it was in our view difficult to conceive that a democratically elected and accountable government could possibly have any rational objection to placing into the public domain such a summary of what its own officials reported, as to how a detainee was treated by them and which made no disclosure of sensitive intelligence matters”.
The judgment continued, “Indeed we did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials…relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be”.
Tags: Binyam Mohamed, Bush administration, High Court ruling, judgment, rendition, torture of a Guantánamo detainee, United Kingdom, United States
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