News

US Warning to Court in Alleged Torture Case

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by: Duncan Campbell, The Guardian UK

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Last week, in the initial hearing of the case of Binyam Mohamed, the high court found that MI5 had participated in the unlawful interrogation of Mohamed. The US State Department warned that releasing further evidence of the interrogation would harm the UK's relationship with the US. (Photo: Airman Randall Damm / USN)

    The US State Department yesterday warned that disclosure of secret information in the case of a British resident said to have been tortured before he was sent to Guantanamo Bay would cause "serious and lasting damage" to security relations between the countries.

    Stephen Mathias, a legal adviser to the department, also claimed that the "national security of the UK" would be affected by disclosure of the details of the detention and interrogation of Binyam Mohamed, 30, who is accused of conspiring with al-Qaida.

    Lawyers for the Ethiopian national have been arguing in the high court that they should have access to details of his interrogation from the time he was detained in 2002 until he was taken to Guantanamo Bay - where he is still held - in 2004. Mohamed claims that he was tortured by, among other methods, having his penis cut with a razor blade.

    In an email to the Foreign Office, which was read out to the court, Mathias said disclosure would cause "serious and lasting damage to the US-UK intelligence-sharing relationship and thus the national security of the UK".

    Ben Jaffey, for Mohamed, told the court that the US had said 44 documents would be made available to the "convening authority" in the US which will decide on Mohamed's prosecution but not to his legal representatives, Lieutenant Colonel Yvonne Bradley and Clive Stafford-Smith, of Reprieve, although both had been security-cleared in the US.

    Jaffey said there was "no movement on the central question - where was Mr Mohamed between 2002 and 2004?" Tim Eicke, for the government, said the US had made concessions by making documents available to the convening authority.

    After hearing from both sides in open court, the judges retired to hear further arguments in private. No decision was made last night but a ruling is expected tomorrow.

    Mohamed, a UK resident, was initially held in Pakistan in 2002 and was later secretly rendered to Morocco, where he claimed that he was tortured and had his penis lacerated while further threats were made. He was then flown by the US authorities to Afghanistan, where he claims he was subjected to further ill-treatment and interrogation. In September 2004, he was taken to Guantanamo Bay. He claims that all his confessions were a result of torture. He faces the death penalty.

    Last week, in the initial hearing of the case, the high court found that MI5 had participated in the unlawful interrogation of Mohamed. One MI5 officer was so concerned about incriminating himself that he initially declined to answer questions from the judges, even in private.

    Although the judges said that "no adverse conclusions" should be drawn by the plea against self-incrimination, it was disclosed that the officer, Witness B, was questioned about alleged war crimes, including torture.

    David Miliband, the foreign secretary, has provided the US with documents about the case. He has declined to release further evidence, arguing that disclosure would harm the intelligence relationship with the US.

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Comments

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Hell on earth brought to you

Hell on earth brought to you by the current Bush administration. Dragging our national pride through Guantanamo Bay, Abu Graib, the streets of Iraq. A million dead civilians in Iraq and Afghanistan. End these endless wars and bring the war criminal terrorists to justice. Thank you to the Guardian UK for reporting what our own media will not.

This report is just the

This report is just the latest in a litany of horrors, lies, brutalities and murders committed by the Bush administration. War in and of itself is reprehensible to say the least. But this kind of behavior is far worse because the perpetrators leave the bloody torture scene unscathed and somehow exonerated in the name of Democracy and freedom. It is all of our shame that it has come to this. As Pogo the cartoon character so aptly put it."We have met the enemy and he is us"

If this is how the US sees

If this is how the US sees national security, is it any wonder that we should be afraid (or maybe not. Why should the terrorists waste time, effort and people in attacks on the US when we are so good at self-destruction?) Obviously no real issues of security are at play here, only the secrecy of how the Bush administration acts in private. And that brings up the question of do we want four more years of the same or worse?

The real meaning of National

The real meaning of National Security becomes more clear, doesn't it? Getting caught committing crimes, and war crimes at that; Embarrassing facts which would shame many certain high officials; Horrendous practices would be revealed proving official planning and sanction. Though it breaks it all the time, the US apparently considers itself qualified enough in International Law to give advice to their teachers, the British? Maybe Bush The Lesser will offer Yoo, Addington, or Gonzales as legal counsel. US policy-makers will accept no law, no court, no "parchment barrier" as Jefferson put it, to stand in the way of what they see as piloting THEIR ship of state. Their task is to mold public opinion, to clean up after the fact. Have you seen the bigger piggies in their starched white shirts?

"History" said James

"History" said James Joyce"is a nightmare that I am trying to wake up from." If you read the history of the American military, you will see a pattern of torture and genocide that extends from the Indian wars, to the Philippines, and off to Viet Nam, and Latin America. The American people, however, refuse to accept this, preferring the propaganda spoon fed them. In terms of blanket pardons, that is something that needs to be addressed by the congress, but it won't be. If they cared about such things, congress would send GWB a message stating that pardoning individuals for crimes committed on his watch will not be accepted and further more will result in investigations and inditements extending to the highest levels in his administration. Why this won't happen is quite obvious, the American people with the exception of the progressives don't want to rock the boat.

So, our brave men and women

So, our brave men and women in uniform are defending freedom by cutting prisoners' penises? Somebody should ask McCain if he will continue this kind of heroic defense of our nation.

Look for stonewalling

Look for stonewalling everything about anything until early January. Then look fora blanket pardon for all crimes, discovered or not, for all members of all departments and agencies of the Executive branch, and all their contractors, who served during any portion of the Bush administration.

You need to keep pursuing

You need to keep pursuing stories like this because the truth about torture is simply not available in my country, the USA. If even our allies cave in to this kind of nebulous bullying, there really is no hope to peacefully settling critical issues like global warming or scarcity of essential resources, like oil, water and food. I am afraid that the US willl just take what it thinks it can get away with. The truth seems to be the first thing they have taken. Michael Wade Bloomington, Indiana