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.
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