UK Appeals Court Rules Abdel Hakim Belhaj, Rendered to Torture in Gaddafi’s Libya, Can Sue British Government

What a long road to justice this is turning out to be. Back in December 2011, Abdel Hakim Belhaj (aka Belhadj), a former opponent of the Gaddafi regime, who, in 2004, in an operation that involved the British security services, was kidnapped in China with his pregnant wife and delivered to Colonel Gaddafi, first attempted to sue the British government — and, specifically, the former foreign secretary, Jack Straw, MI6’s former director of counter-terrorism, Sir Mark Allen, the Foreign Office, the Home Office and MI5.

Since then, the government has fought to prevent him having his day in court, but on Thursday the court of appeal ruled, as the Guardian described it, that the case “should go ahead despite government attempts to resist it on grounds of the ‘act of state doctrine’, arguing that the courts could not inquire into what happened because it involved a foreign state.” The Guardian added that the ruling “establishes a significant precedent for other claims,” although it is possible, of course, that the Foreign Office will appeal to the Supreme Court.

The Guardian also noted that the British government had “maintained that the UK’s relations with the US would be seriously damaged if Belhaj was allowed to sue and make his case in a British court.” However, the judgment said that “while the trial relating to the couple’s rendition was likely to require a British court to assess the wrongfulness of acts by the CIA and Libyan agents, that was no reason to bar the claim.” Read the rest of this entry »

10 Years in Guantánamo: British Resident Shaker Aamer, Cleared for Release But Still Held

Originally posted on the “Close Guantánamo” website, and written by Andy Worthington.

Ten years ago, on February 14, 2002, Shaker Aamer, a British resident, and originally one of 16 British prisoners in Guantánamo, arrived in Camp X-Ray, the rudimentary prison in the grounds of the US naval base in Cuba’s easternmost bay, which was used to hold prisoners until the first blocks of a more permanent facility, Camp Delta, opened for business in May 2002. On the same day, his fourth child, a son, was born.

A hugely charismatic figure, Aamer, born in Saudi Arabia in 1968, had moved to London in 1996, and had worked as an Arabic translator for a firm of solicitors working on immigration cases. He met and married a British woman and was granted residency. In June 2001, he took his family to Kabul — as did his friend Moazzam Begg — to volunteer for an Islamic charity. As his British solicitor Gareth Peirce noted in the Guardian on Tuesday, “Their work was teaching the sons and daughters of Arabic-speaking expatriates in the capital,” but after 9/11 and the US-led invasion, “the school was flattened in the first days of the bombing.”

Shaker made sure his pregnant wife and their three young children were safe, but was seized by Afghan bounty hunters, at a time when bounty payments of $5,000 a head were widespread. He was then sold on to other bounty hunters on two occasions, and on the third occasion was bought by Northern Alliance soldiers, who eventually handed him over — or sold him — to US forces. Read the rest of this entry »

Britain’s Secret Post-9/11 Torture Policy Revealed: Was Tony Blair’s Government Guilty of “Developing Something Close to a Criminal Policy”?

As the British government’s toothless torture inquiry is abandoned by ten NGOs and lawyers for the former Guantánamo prisoners, who have long recognized that it was nothing more than a whitewash, but have now given up on even trying to engage with it, politicians in the Tory-led coalition government are not the only ones feeling the heat. Yesterday, in a world exclusive, the Guardian‘s Ian Cobain exposed a top secret document, entitled, “Agency policy on liaison with overseas security and intelligence services in relation to detainees who may be subject to mistreatment,” which “reveal[ed] how MI6 and MI5 officers were allowed to extract information from prisoners being illegally tortured overseas.”

Describing the document as reportedly being “too sensitive to be publicly released at the government inquiry into the UK’s role in torture and rendition,” and as contributing to the decision by the NGOs and lawyers to boycott the inquiry because it does not have “credibility or transparency,” the Guardian explained how the secret policy “was operated by the British government for almost a decade,” and how it “instructed senior intelligence officers to weigh the importance of the information being sought must be balanced against ‘the level of mistreatment anticipated’ — the degree to which the prisoner or prisoners will suffer.”

The Guardian also explained how the document revealed the fears of the government and the intelligence agencies that they were breaking laws, as it “acknowledged that MI5 and MI6 officers could be in breach of both UK and international law by asking for information from prisoners held by overseas agencies known to use torture,” and also “explained the need to obtain political cover for any potentially criminal act by consulting ministers beforehand.” Read the rest of this entry »

A Good Day for Justice: British Supreme Court Bans Use of Secret Evidence by Intelligence Services

In a triumph for the principles of open justice, and a snub to the Tory-led coalition government, the British Supreme Court ruled unanimously on Wednesday that the government and the intelligence agencies cannot use secret evidence in court to prevent open discussion of allegations that prisoners were subjected to torture.

The appeal, by lawyers for MI5 — but with the explicit backing of the government — sought to overturn a ruling in the Court of Appeal last May, when judges ruled that the intelligence services could not suppress allegations, in a civil claim for damages submitted by six former Guantanamo prisoners, that the British government and its agents had been complicit in their ill-treatment. The six are Bisher al-Rawi, Jamil el-Banna, Richard Belmar, Omar Deghayes, Binyam Mohamed and Martin Mubanga, and they argued, as the Guardian put it, that “MI5 and MI6 aided and abetted their unlawful imprisonment and extraordinary rendition.”

The ruling last May precipitated a huge crisis in the government, as the first of hundreds of thousands of classified documents emerged from the court, revealing the extent to which Tony Blair and Jack Straw were up to their necks in wrongdoing, preventing consular access to a British citizen in Zambia, in Tony Blair’s case, and in Straw’s, approving the rendition of British citizens to Guantanamo the day before the prison opened in January 2002. I covered this story in detail in my article, UK Sought Rendition of British Nationals to Guantánamo; Tony Blair Directly Involved. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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