The War Profiteers - War Crimes, Kidnappings & Torture

 

May 6th, 2008 - Guantánamo Briton Sues UK over ‘Torture Evidence’

News article by the Guardian

News article by Reuters

Summary of the Binyam Mohamed Kidnapping Case

Summary of CIA Kidnappings and Detentions in Europe

Guantánamo Briton Sues UK over ‘Torture Evidence’

 

By Sadie Gray

The Guardian

May 6, 2008

 

The last British resident left in Guantánamo Bay is suing the UK government for refusing to produce evidence that he was a victim of extraordinary rendition and torture.

 

Binyam Mohamed faces a US military commission which could sentence him to death, and his lawyers say proving that the case against him is based exclusively on evidence extracted by torture, following his rendition by the CIA, is vital to his defence.

 

Today, they lodged papers at the high court in London, seeking a judicial review to force the Foreign Office to release information on his movements.

 

Government lawyers had answered a previous defence request, saying "the UK is under no obligation under international law to assist foreign courts and tribunals in assuring that torture evidence is not admitted".

 

Mohamed's solicitor, Richard Stein of Leigh Day & Co, today said: "He has been the victim of extraordinary rendition, horrific torture, years of detention without trial, all apparently with the assistance of or, at least, the Nelsonian blindess of the British government.

 

"It beggars belief that they will not lift a finger to help a British resident when he may face the death penalty."

 

Clive Stafford Smith, who has represented Mohamed for three years, said it had been established that British intelligence questioned him for three hours in Karachi in 2002.

 

Mohamed said in his evidence that the security service officer indicated he would be taken to an Arab country. His legal team said that showed British intelligence knew of the plan to transfer him to Morroco, and that flight records relating to the island of Diego Garcia could also establish his movements.

 

Mohamed was born in Ethiopia in 1978 and came to the UK in 1994 as a 16-year-old student. Seeking political asylum, he was given leave to remain and got a job as a janitor in Kensington, London.

 

But he developed a drug habit and decided to resolve his personal problems by travelling. About to return to the UK from Pakistan, he was arrested on a visa violation and was handed over to the US authorities.

 

From July 2002 until January 2004, he was imprisoned and tortured in Morrocco, before being transferred to the "dark prison" in Kabul. He was flown to Guantánamo Bay in May 2004.

 

Stafford Smith said: "The moral compass of this government seems to have caught a very perverse magnet.

 

"Since when could we criticise the US for 'kangaroo courts' in Guantánamo while simultaneously leaving Binyam Mohamed to be condemned, based on evidence tortured out of him with a razor blade to his penis?

 

"Abolishing a 10% tax rate is one matter; abandoning our commitment to the convention against torture is quite something else."

 

External link: http://www.guardian.co.uk/world/2008/may/06/guantanamo.usa


Guantanamo man says govt knew he would be tortured

 

By Mark Trevelyan

Reuters

May 6, 2008

 

London - British intelligence knew in advance that a former London janitor now awaiting trial by a U.S. military commission in Guantanamo Bay would be tortured in an Arab country to extract evidence, his lawyers allege.

 

Lawyers for Ethiopian-born Binyam Mohamed, 29, filed a High Court case on Tuesday to try to force the government to give evidence that would help his defence to expected charges before the tribunal at the U.S. detention camp on Cuba.

 

They say a British security official interviewed Mohamed after he was arrested in Pakistan in April 2002, and told him he would be transferred to an Arab country and tortured.

 

Mohamed says he was flown to Morocco in July 2002 on a CIA plane and held there for 18 months, during which time he says he was repeatedly stripped naked and cut with a scalpel on his chest and penis. He was transferred to Afghanistan in 2004 and finally, later that year, to Guantanamo.

 

His lawyer Clive Stafford Smith said the British authorities had a duty to reveal what they knew, in order to support his case that terrorism allegations against him are false and based on torture.

 

"The issue here is not really legal, the issue is moral," Stafford Smith told a news conference.

 

"What possible moral position can the British government take that gives them the right to deny this sort of assistance to a person who's had a razor blade taken to his genitals?"

 

Mohamed told Stafford Smith that an officer of MI5, told him in the 2002 interview in Pakistan that he would be transferred to a third country.

 

"They gave me a cup of tea with a lot of sugar in it. I initially only took one. 'No, you need a lot more. Where you're going, you need a lot of sugar,'" Mohamed quoted the officer as saying.

 

"I didn't know what he meant by this, but I figured he meant some poor country in Arabia. One of them did tell me I was going to get tortured by the Arabs."

 

While under interrogation in Morocco, Mohamed says he was asked questions about his life in London that could only have been based on information supplied by British authorities.

 

A parliamentary committee said last year there was a "reasonable probability" that intelligence passed from Britain to the United States was used to interrogate Mohamed.

 

The committee's report, parts of which were deleted for national security reasons, said it did not know whether he was held and tortured in Morocco.

 

Tuesday's High Court case was filed against Foreign Secretary David Miliband. No comment was immediately available from the Foreign Office.

 

Mohamed's case has been highlighted in investigations by human rights groups and the Council of Europe into alleged "extraordinary renditions" by the U.S. Central Intelligence Agency - secret flights to deliver terrorist suspects to countries where they then faced torture.

 

The United States denies torturing suspects or transferring them to countries that do.

 

© Thomson Reuters 2008. All rights reserved.

 

External link: http://uk.reuters.com/article/topNews/idUKL0613482420080506

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