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: JURIST - The Paper Chase

UK court releases previously withheld section in ex-Guantanamo detainee case

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The England and Wales Court of Appeal on Friday disclosed additional text that was omitted from a previous ruling related to former Guantanamo Bay detainee Binyam Mohamed. The language in question is critical of British intelligence service MI5, suggesting that its agents were aware of Mohamed's "mistreatment" while in US custody despite reports to the contrary and questioning the reliability of agents' statements. The court cited "the principles of open justice" in its decision to release the section, which was originally redacted after a senior governmental lawyer reviewed a draft of the judgment and raised concerns about its fairness. Amnesty International UK welcomed the order and called for additional inquiries into the British government's involvement with torture. The language was originally to be included in an order the court issued earlier this month that instructed the government to release seven previously withheld paragraphs outlining the alleged torture of Mohamed. The court's ruling ended the long-running legal battle to keep the information classified. In December, British government lawyers argued that two UK High Court judges acted irresponsibly when they ruled that the details of the detention must be released. This was following an interim ruling by Lord Justice Thomas and Justice Lloyd Jones that redacted the release. Last November, a separate judge on the High Court ruled that, in Mohamed's separate suit for damages, information relating to his treatment at Guantanamo Bay may be withheld under a "closed material procedure." Mohamed was returned to the UK in February 2009, after charges against him were dismissed in October 2008. Mohamed had been held at Guantanamo Bay for four years on suspicion of conspiracy to commit terrorism.

Full post as published by JURIST - The Paper Chase on February 26, 2010 (boomark / email).