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| Court pressed on 'torture' case | Court pressed on 'torture' case |
| (about 1 hour later) | |
| The High Court has been asked to reconsider a ruling that US intelligence material relating to claims of torture should remain secret. | The High Court has been asked to reconsider a ruling that US intelligence material relating to claims of torture should remain secret. |
| It documents the treatment of a Guantanamo Bay detainee, who says UK agencies were complicit in torture. | It documents the treatment of a Guantanamo Bay detainee, who says UK agencies were complicit in torture. |
| Judges said there had been a US "threat" about future intelligence sharing if it was published. | Judges said there had been a US "threat" about future intelligence sharing if it was published. |
| But the man's lawyers argue David Miliband had said there was no threat and had effectively misled the court. | But the man's lawyers argue David Miliband had said there was no threat and had effectively misled the court. |
| Solicitors acting for Binyam Mohamed, 30, - an Ethiopian national who had been in the UK since he was 15 - have now asked the High Court to reconsider its decision. | Solicitors acting for Binyam Mohamed, 30, - an Ethiopian national who had been in the UK since he was 15 - have now asked the High Court to reconsider its decision. |
| Case 'undermined' | Case 'undermined' |
| A spokesman for Leigh Day & Co said: "In an astonishing sequence of events following the judgement, the foreign secretary conceded that the new regime [in America] had not actually been approached and stated that in fact no threat had ever been made by the US." | |
| That seemed "to undermine the whole basis of the court's reluctant decision to refuse to publish those details," they said. | That seemed "to undermine the whole basis of the court's reluctant decision to refuse to publish those details," they said. |
| They have lodged an application with the High Court requesting the judgement be reopened. | They have lodged an application with the High Court requesting the judgement be reopened. |
| For the record, the United States authorities did not threaten to "break off" intelligence co-operation with the UK David Miliband | For the record, the United States authorities did not threaten to "break off" intelligence co-operation with the UK David Miliband |
| The US material, disclosed to the High Court on the grounds it would not be published, was described by judges Lord Justice Thomas and Mr Justice Lloyd Jones as a US summary of Mr Mohamed's treatment "which made no disclosure of sensitive intelligence matters". | The US material, disclosed to the High Court on the grounds it would not be published, was described by judges Lord Justice Thomas and Mr Justice Lloyd Jones as a US summary of Mr Mohamed's treatment "which made no disclosure of sensitive intelligence matters". |
| They had wanted to publish the material in the interest of safeguarding the rule of law and democratic accountability but said: "We had no reason ... to anticipate there would be made a threat of the gravity of the kind made by the United States government that it would reconsider its intelligence sharing relationship." | They had wanted to publish the material in the interest of safeguarding the rule of law and democratic accountability but said: "We had no reason ... to anticipate there would be made a threat of the gravity of the kind made by the United States government that it would reconsider its intelligence sharing relationship." |
| They also said they had been informed by lawyers for the foreign secretary that the threat to withdraw co-operation remained, even under President Barack Obama's new administration. | They also said they had been informed by lawyers for the foreign secretary that the threat to withdraw co-operation remained, even under President Barack Obama's new administration. |
| 'Lobbying campaign' | 'Lobbying campaign' |
| However in a Commons statement on the case on Thursday Mr Miliband told MPs the word "threat" was used by the Court of Appeal - but he described what the Americans had said as "a simple affirmation of the facts of intelligence co-operation". | However in a Commons statement on the case on Thursday Mr Miliband told MPs the word "threat" was used by the Court of Appeal - but he described what the Americans had said as "a simple affirmation of the facts of intelligence co-operation". |
| "For the record, the United States authorities did not threaten to "break off" intelligence co-operation with the UK," he said. | "For the record, the United States authorities did not threaten to "break off" intelligence co-operation with the UK," he said. |
| They had pointed out that disclosing the documents would be "likely to result in serious damage to US national security and could harm existing intelligence information-sharing...between our two governments". | They had pointed out that disclosing the documents would be "likely to result in serious damage to US national security and could harm existing intelligence information-sharing...between our two governments". |
| Mr Mohamed, a British resident, claimed he was tortured | Mr Mohamed, a British resident, claimed he was tortured |
| Pressed to raise the issue again with the US, in the light of the new administration and changes to CIA personnel, he added: "I am not going to join a lobbying campaign against the American government on this decision. It is a decision that they have to make." | Pressed to raise the issue again with the US, in the light of the new administration and changes to CIA personnel, he added: "I am not going to join a lobbying campaign against the American government on this decision. It is a decision that they have to make." |
| Clive Stafford Smith, of legal action charity Reprieve, said: "It seems unfair for the British government to pretend that Obama has ratified the retrograde policies of Bush without even asking him." | Clive Stafford Smith, of legal action charity Reprieve, said: "It seems unfair for the British government to pretend that Obama has ratified the retrograde policies of Bush without even asking him." |
| Mr Mohamed was arrested in Pakistan in 2002 and has been held by the US at Guantanamo Bay since September 2004. | Mr Mohamed was arrested in Pakistan in 2002 and has been held by the US at Guantanamo Bay since September 2004. |
| The US authorities accused him of conspiring with Al-Qaeda leaders to plan a series of terrorist attacks but charges against him were dropped in October. | The US authorities accused him of conspiring with Al-Qaeda leaders to plan a series of terrorist attacks but charges against him were dropped in October. |
| He says evidence against him is based on confessions extracted by torture and ill treatment - claims denied by the US. Mr Miliband said British efforts to get him returned to the UK are being pursued "at the highest level". | He says evidence against him is based on confessions extracted by torture and ill treatment - claims denied by the US. Mr Miliband said British efforts to get him returned to the UK are being pursued "at the highest level". |
| The attorney general has been asked to investigate claims Mr Mohamed was tortured and British agents were complicit in it. | The attorney general has been asked to investigate claims Mr Mohamed was tortured and British agents were complicit in it. |