Government loses Binyam Mohamed torture appeal

[dipsydoodle]

Source: BBC News

The foreign secretary has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.

Ethiopian-born Binyam Mohamed says UK authorities knew he was tortured at the behest of US authorities during seven years of captivity.

Foreign Secretary David Miliband had said releasing the material to Mr Mohamed would damage national security.

Three senior judges have now ruled the relevant documents can be released.




Read more: http://news.bbc.co.uk/1/hi/uk/8507852.stm

[Turborama]

1. Binyam Mohamed torture evidence must be revealed, judges rule

Court of appeal ruling compels British government to disclose what MI5 knew of refugee's treatment in Guantánamo Bay

http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-evidence-paragraphs">Read the secret torture evidence

Richard Norton-Taylor
guardian.co.uk, Wednesday 10 February 2010 11.10 GMT

Three of Britain's most senior judges have ordered the government to reveal evidence of MI5 complicity in the torture of British resident Binyam Mohamed – unanimously dismissing objections by David Miliband, the foreign secretary.

In a ruling that will cause deep anxiety among the security and intelligence agencies, they rejected Miliband's claims, backed by the US government, that disclosure of a seven-paragraph summary of classified CIA information showing what British agents knew of Mohamed's torture would threaten intelligence sharing between London and Washington, and therefore endanger Britain's national security.

The judges – Sir Igor Judge, the lord chief justice; Lord Neuberger, the master of the rolls; and Sir Anthony May, president of the Queen's Bench – shattered the convention that the courts should not question claims by the executive relating to national security.

In damning references to claims made by Miliband and his lawyers, and stressing the importance of the media in supporting the principle of open justice, they said the case raised issues of "fundamental importance", of "democratic accountability and ultimately the rule of law itself".

Read more: http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-ruling-evidence

"inhuman and degrading treatment by the United States authorities." = torture, basically.

This is really damning news, shame the BBC couldn't come up with better headline.

:hi:

[dipsydoodle]

3. Yup - headline could've been better.

David Miliband is objectionable and should always be dismissed - nasty litte turd.

:hi:

BTW The Beeb have an odd habit of changing their headline at later time.

[Joe Chi Minh]

8. I'll have you know you're talking about the scourge of the Russian hordes.

He warned the Russian defence chief in no uncertain terms that he was mightily displeased with their role in Georgia, and to desist forthwith!!! The former, when he was being interviewed on Hard Talk and the sub-topic was Milliband, had the greatest difficulty in restraining himself from laughing out loud.

I believe a female public figure said she had difficulty taking him seriously, as she used to help change his nappies.

[EFerrari]

2. Yes!

[Raster]

4. releasing the material would damage national security = releasing the material would confirm guilt

One word: torture. Two more words: War Crimes!

[muriel_volestrangler]

5. Government persuaded judge to delete damning references to MI5 'culture' of suppressing evidence

This, Sumption pointed out, was because the paragraph would state that MI5 did not operate in a culture that respected human rights or renounced "coercive interrogation techniques".

The letter also reveals that the judgment, before being rewritten, said this was particularly true of the MI5 officer known as Witness B who gave evidence in the case – and that this man's conduct was characteristic of MI5 as a whole.

Furthermore, the letter shows, the judges originally ruled that MI5 officers had "deliberately misled" the Intelligence and Security Committee, the body of MPs and peers supposed to oversee its work, on the question of coercive interrogations, and that this "culture of suppression" reflected its dealings with the committee, the foreign secretary and the court.

Finally, the letter makes clear that the court ruled MI5's culture of suppression "penetrates the service to such a degree" that it undermines any government assurance based upon information that comes from MI5 itself.

http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-judge-deleted-ruling

The letter: http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-letter

[kpete]

6. Binyam Mohamed torture evidence must be revealed, judges rule

Source: The Guardian

Binyam Mohamed torture evidence must be revealed, judges rule

Court of appeal ruling compels British government to disclose what MI5 knew of refugee's treatment in Guantánamo Bay

Three of Britain's most senior judges have ordered the government to reveal evidence of MI5 complicity in the torture of British resident Binyam Mohamed – unanimously dismissing objections by David Miliband, the foreign secretary.

In a ruling that will cause deep anxiety among the security and intelligence agencies, they rejected Miliband's claims, backed by the US government, that disclosure of a seven-paragraph summary of classified CIA information showing what British agents knew of Mohamed's torture would threaten intelligence sharing between London and Washington, and therefore endanger Britain's national security.

One of the key paragraphs states that there "could readily be contended to be at the very least cruel, inhuman and degrading treatment of Binyam Mohamed by the United States authorities".

The judges – Sir Igor Judge, the lord chief justice; Lord Neuberger, the master of the rolls; and Sir Anthony May, president of the Queen's Bench – shattered the convention that the courts should not question claims by the executive relating to national security.

Read more: http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-ruling-evidence

[Judi Lynn]

7. U.K. reveals U.S. secrets about ex-Gitmo inmate

U.K. reveals U.S. secrets about ex-Gitmo inmate
Court orders release of U.S. intelligence information given to British spies
updated 5:40 a.m. CT, Wed., Feb. 10, 2010

LONDON - Britain's government on Wednesday disclosed once-secret information on the treatment of a former Guantanamo Bay detainee who says he was tortured in U.S. custody, losing an extended court battle to keep the material classified.

Judges rejected the government's claim that revealing the information would damage U.S.-British intelligence cooperation.

The information disclosed consisted of a summary of U.S. intelligence information given to British spy agencies about former detainee Binyam Mohamed's treatment during interrogations by the Americans in May 2002.

The paragraphs read in court disclosed that he was subjected to "cruel, inhuman and degrading treatment" including sleep deprivation, shackling and threats resulting in mental stress and suffering.

Ethiopia-born Mohamed was arrested in Pakistan in 2002 and says he was tortured there and in Morocco before being flown to Guantanamo Bay. He was released without charge last year.

'Freedom of speech'
The decision upholds an earlier High Court ordering officials to make public the secret seven-paragraph summary of U.S. intelligence files. The Foreign Office appealed that ruling, but promised Wednesday to post the paragraphs on its Web site.

More:
http://www.msnbc.msn.com/id/35326465/ns/world_news-europe/

[Judi Lynn]

9. In seven paragraphs, the proof of MI5 complicity in torture of Mohamed Binyam

In seven paragraphs, the proof of MI5 complicity in torture of Mohamed Binyam
The information that foreign secretary David Miliband fought to keep out of court judgments – and its significance
Ian Cobain guardian.co.uk, Wednesday 10 February 2010 20.15 GMT

Below are the seven paragraphs in full which the Foreign Office published hours after the court of appeal judgment. Under the paragraphs is an explanation of their significance.


1 It was reported that a new series of interviews was conducted by the United States authorities prior to 17 May 2002 as part of a new strategy designed by an expert interviewer.

MI5 had known since at least ­January of that year that US authorities were mistreating detainees held in the ­so-called war on terror.

Legal advice was issued to its officers that month to allow them to continue questioning people they believed were suffering ­mistreatment – although it is unclear how lawful that advice was. "New strategy" appears to be a ­euphemism for such mistreatment.

More:
http://www.guardian.co.uk/world/2010/feb/10/binyam-mohamed-torture-seven-paragraphs

[kpete]

10. Binyam Mohamed torture appeal lost by UK government

Source: BBC News


Binyam Mohamed torture appeal lost by UK government


The foreign secretary has lost an Appeal Court bid to stop the disclosure of secret information relating to the alleged torture of a UK resident.

Ethiopian-born Binyam Mohamed, 31, says UK authorities knew he was tortured at the behest of US authorities after his detention in Pakistan in 2002.

Judges ruled that paragraphs which say his treatment was "cruel, inhuman and degrading" should be released.

David Miliband said the ruling was "not evidence that the system is broken".

The judgement was delivered by the three most senior Court of Appeal judges in England and Wales.

Read more: http://news.bbc.co.uk/2/hi/uk_news/8507852.stm

[Solly Mack]

11. k/r

[asjr]

12. Could this possibly be the back door through

which the Bush administration could be charged?

[Solly Mack]

13. Miliband is a piece of shit

MI5 faces crisis of credibility as torture denials are discredited

http://www.guardian.co.uk/world/2010/feb/10/torture-mi5-binyam-mohamed