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UK 'ready to hand over Afghan detainees' UK 'ready to hand over Afghan detainees'
(about 1 hour later)
Up to 90 Afghans held at Camp Bastion are set to be returned to the Afghan authorities, the Ministry of Defence has said, after lawyers argued that their detention could be unlawful. Up to 90 Afghans held at Camp Bastion are set to be returned to the Afghan authorities, the Ministry of Defence has said, after their lawyers argued that their detention could be unlawful.
British lawyers acting for eight of the men said that they had been held for up to 14 months without charge. Eight of the men said they had been held for up to 14 months without charge, according to their legal team.
The defence secretary confirmed the number being held but said releasing them could endanger British troops. Defence Secretary Philip Hammond had told the BBC that releasing them could endanger British troops.
But later the MoD said it had found a "safe route" for their return. But later the MoD said it had now found a "safe route" for their return.
Ministry officials said that "once the policy and legal obligations have been met, direction will be given to restart transfers". The MoD had "identified a safe transfer route" for the prisoners to be returned to the Afghan authorities. The move came after the BBC was shown documents detailing how 85 suspected insurgents were being held at Camp Bastion, the main British base in Afghanistan.
The move came after the BBC was shown documents suggesting 85 suspected insurgents were being held at Camp Bastion. Defence Secretary Philip Hammond later confirmed that British forces were holding 80 to 90 detainees. The defence secretary later confirmed British forces were holding 80 to 90 detainees.
'Exceptional circumstances'
UK lawyers acting for eight of the men being detained said their clients were arrested by British soldiers in raids in villages in Helmand and Kandahar provinces, and have been held for between eight and 14 months without charge.
Mr Hammond told BBC Radio 4's Today programme: "We would like nothing more than to be able to hand these people over to the Afghan authorities".
He said the UK government had been working with its Afghan counterparts to find a safe way to transfer the detainees to the Afghan judicial system.
Later on Wednesday MoD officials said "once the policy and legal obligations have been met, direction will be given to restart transfers".
Suspects in Afghanistan are normally allowed to be detained by British forces for 96 hours.Suspects in Afghanistan are normally allowed to be detained by British forces for 96 hours.
However, in "exceptional circumstances" to gather critical intelligence, for example - they can hold them for longer.However, in "exceptional circumstances" to gather critical intelligence, for example - they can hold them for longer.
'Patently absurd' General Zahir Azimi, a spokesman for the Afghan Ministry of Defence, said the detentions were illegal and "inhuman".
UK lawyers acting for eight of the men being detained said their clients were arrested by British soldiers in raids in villages in Helmand and Kandahar provinces and have been held for between eight and 14 months without charge.
But Mr Hammond dismissed claims that the UK is operating a secret facility in Afghanistan as "patently absurd".
He told BBC Radio 4's Today programme that Parliament had been informed by this government and the previous one about the detention of Afghan suspects.
Mr Hammond declined to say how long some had been held and said the precise number of detainees fluctuated.
General Zahir Azimi, a spokesman for the Afghan Ministry of Defence, said the detentions were illegal and inhumane.
"The prisoners must be handed over to the Afghan authorities," he said. "After their handover to us, they will be dealt with according to our judicial laws, and the agreements reached with the international community.""The prisoners must be handed over to the Afghan authorities," he said. "After their handover to us, they will be dealt with according to our judicial laws, and the agreements reached with the international community."
But lawyers for the men told the BBC they would want to scrutinise any transfers to the Afghan authorities carefully and may go to court to try to stop them.But lawyers for the men told the BBC they would want to scrutinise any transfers to the Afghan authorities carefully and may go to court to try to stop them.
'Secret facility' 'Perfect legal storm'
"The UK could have trained the Afghan authorities to detain people lawfully with proper standards and making sure that they are treated humanely," Phil Shiner, of Public Interest Lawyers, told the BBC. "The UK could have trained the Afghan authorities to detain people lawfully with proper standards and making sure they are treated humanely," Phil Shiner, of Public Interest Lawyers, told the BBC.
"They could have then monitored that, including with ad hoc inspections, to make sure that the Afghans were obeying the law. They have chosen not to do so." "They could have then monitored that, including with ad hoc inspections, to make sure the Afghans were obeying the law. They have chosen not to do so."
He said the UK was acting in an "entirely unconstitutional" way and that "Parliament has not been told that we have this secret facility". He said the UK was acting in an "entirely unconstitutional" way.
Mr Hammond told Parliament in December that British forces were "holding significant numbers of detainees" who, for legal reasons, could not "be transferred into the Afghan system".
The BBC's legal affairs correspondent Clive Coleman said the government was in a bind about what to do with suspected insurgents.The BBC's legal affairs correspondent Clive Coleman said the government was in a bind about what to do with suspected insurgents.
A senior government lawyer, James Eadie QC, described the situation as a "perfect legal storm".A senior government lawyer, James Eadie QC, described the situation as a "perfect legal storm".
In preparatory legal arguments at the High Court on 22 April, Mr Justice Collins told the government that the case raised serious questions about the British army's power to hold suspects in Afghanistan. Lawyers for the eight men launched habeas corpus applications at the High Court in London on 18 April, with a full hearing due in late July.
He said the UK could not operate a Guantanamo Bay-style prison, referring to the US facility in which suspects are being held indefinitely without trial. Habeas corpus, in this context, argues for the right to be brought before a court to determine whether their detainment is lawful or not.
Taxpayers' expense
One of the prisoners is believed to be a teenager; the other a 20-year-old father. The pair, whose family say they were arrested in the spring last year, appear to have been held the longest.One of the prisoners is believed to be a teenager; the other a 20-year-old father. The pair, whose family say they were arrested in the spring last year, appear to have been held the longest.
Legal papers state their interrogation ended "many months ago", but their families only established where the men were being held with the help of the International Committee of the Red Cross.Legal papers state their interrogation ended "many months ago", but their families only established where the men were being held with the help of the International Committee of the Red Cross.
Dan Squires, a barrister for the older man, told the High Court: "He has not been granted access to a lawyer nor brought before a court.Dan Squires, a barrister for the older man, told the High Court: "He has not been granted access to a lawyer nor brought before a court.
"He does not know how long he is to remain detained or for what purpose. He has asked whether he will be transferred to Afghan authorities but had been told they do not consider that he has committed any criminal offence and so do not want to receive him.""He does not know how long he is to remain detained or for what purpose. He has asked whether he will be transferred to Afghan authorities but had been told they do not consider that he has committed any criminal offence and so do not want to receive him."
Mr Shiner said Mr Hammond had until last week refused to allow the detainees access to legal representation but had now granted lawyers an hour-long telephone call with two of the Afghans on Wednesday.Mr Shiner said Mr Hammond had until last week refused to allow the detainees access to legal representation but had now granted lawyers an hour-long telephone call with two of the Afghans on Wednesday.
The defence secretary was keen to point out that the Afghans' case was being brought "at the expense, of course, of the British taxpayer, because Mr Shiner's actions are funded by the legal aid system". The defence secretary was keen to point out the Afghans' case was being brought "at the expense, of course, of the British taxpayer, because Mr Shiner's actions are funded by the legal aid system".
Mr Hammond added: "They are asking the court to release these people to turn them back to the battlefield so they can carry on with the activities for which they were detained in the first place - putting British troops and other Isaf lives at risk."Mr Hammond added: "They are asking the court to release these people to turn them back to the battlefield so they can carry on with the activities for which they were detained in the first place - putting British troops and other Isaf lives at risk."