Torture ruling passages critical of MI5 must be restored (Binyam Mohamed case)

[maddezmom]

Source: The Guardian

Passages removed from judgment on involvement of MI5 in torture of Binyam Mohamed must be restored, court of appeal rules

Devastating passages criticising MI5 that were removed from the ruling on the involvement of the security service in the torture of Binyam Mohamed must be restored to the judgment, the court of appeal ruled today.

The decision is another blow to the government after it lost its attempt earlier this month to cover up MI5's complicity in "cruel, inhuman, and degrading treatment" meted out to the British resident Mohamed by the US.

The passages that will now be restored appeared in the original draft judgment but were removed after Jonathan Sumption QC, the government's counsel, claimed the words suggested that MI5's approach undermined assurances given by ministers and that MI5 had "an interest in suppressing information".

Sumption added that the observations of Lord Neuberger, the master of the rolls, in the judgment constituted "exceptionally damaging criticism of the good faith of the security service as a whole" that was not based on evidence heard in court.


Read more: http://www.guardian.co.uk/uk/2010/feb/26/torture-ruling-passages-mi5-restored

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earlier article:

MI5 judges to rule on suppression of section of torture document
In response due today to multiple objections, judges are expected to restore passage government wanted kept secret

Richard Norton-Taylor The Guardian, Friday 26 February 2010 Article history
Three senior judges are today expected to restore devastating passages to a ruling criticising MI5 over the torture and ill-treatment of terror suspects abroad.

The passages were removed at the government's behest from a ruling earlier this month which ended the 18-month attempt to cover up MI5 involvement in "cruel, inhuman, and degrading treatment".

This is the key section of a seven-paragraph summary of 42 CIA documents - which are still suppressed - describing treatment meted out to the British resident Binyam Mohamed in the knowledge of MI5 officers.

The summary was released in a ruling rejecting the government's demand that the paragraphs must remain secret.

more:http://www.guardian.co.uk/uk/2010/feb/26/mi5-torture-high-court-judges

[Solly Mack]

1. k/r

[dipsydoodle]

2. + another

.

[Ghost Dog]

3. 5, rather than 6, or just SIS in general, huh? n/t

[Soylent Brice]

4. K&R

now release the 42 CIA documents.

[Judi Lynn]

5. Government fury as judges attack security services

Government fury as judges attack security services
Ministers back MI5 after highly critical verdict on secret service involvement in Binyam Mohamed case

Afua Hirsch, Robert Booth and Ian Cobain guardian.co.uk,
Friday 26 February 2010 19.27 GMT

The government has launched a co-ordinated counter-attack against three of the country's most senior judges who defied ministerial pressure today to publish a highly critical verdict on secret service involvement in the alleged torture of the Guantánamo detainee Binyam Mohamed.

In spite of concerted attempts to keep criticisms of MI5 and MI6 secret, Lord Neuberger, the master of the rolls, made unprecedented public criticisms of the methods and ethics employed by the UK's secret services, stating that officials had a "dubious record" of involvement in Mohamed's mistreatment.

He said the security services made a false statement to the Cabinet Office's intelligence and security committee by denying all knowledge of his ordeal. He added there was "reason for distrusting" assurances given by the security services about Mohamed's treatment. The remarks were welcomed by human rights campaigners who said the court was right to push back against government pressure and exert its independence.

But they provoked a furious response from inside the government. Within hours Gordon Brown, David Miliband, the foreign secretary, and Alan Johnson, the home secretary, had issued statements backing MI5. In a direct challenge to the court, Johnson said he "totally rejected" its verdict.

More:
http://www.guardian.co.uk/world/2010/feb/26/binyam-mohamed-torture-ruling-government

[Judi Lynn]

6. Human rights groups call for reform of government's security committee

Human rights groups call for reform of government's security committee
Calls come after appeal court judges conclude security services were able to get away with 'a dubious record' on torture
Robert Booth and Ian Cobain guardian.co.uk,
Friday 26 February 2010 19.01 GMT

There was a growing clamour tonight for the reform and even abolition of the government's intelligence and security committee after senior appeal court judges concluded that the security services they are supposed to scrutinise on behalf of the prime minister were able to get away with "a dubious record" on torture.

Human rights campaign groups said the committee had been embarrassingly inadequate in its role as overseer of MI5 and MI6 and called for a tougher, independent parliamentary committee to replace it. A former senior employee of the committee said its credibility had waned because it lacked investigative capability.

The attack on the ISC, which is chaired by the former Foreign Office minister Kim Howells, followed Lord Neuberger's verdict that in the light of the security services' involvement with the mistreatment of the British Guantánamo detainee Binyam Mohamed, it had produced a false report when it claimed torture was alien to the culture of the security services.

The court said that a crucial paragraph, No 168, which outlined explicit criticism of the security services, should be published despite strong government objections.

In a verdict that Mohamed's lawyers described as "the sun shining on open justice", the master of the rolls said: "The security services had made it clear in March 2005, through a report from the ISC, that 'they operated a culture that respected human rights and that coercive interrogation techniques were alien to the services' general ethics, methodology and training', indeed they 'denied that they knew of any ill-treatment of detainees interviewed by them whilst detained by or on behalf of the US government'.

More:
http://www.guardian.co.uk/uk/2010/feb/26/m15-torture-security-service-committee

[buckrogers1965]

7. Torture is absolutely wrong

For any reason. To think that government would not only condone it, but to cooperate in it, then seek to cover it up is unfathomable. It is absolutely mind boggling to live to see atrocities of this nature committed by my own and my allies governments. It am sicked by it. I am disgusted by it. I have always wondered how the Germans in 1930's could have allowed the Nazi's to come into power, and now I know how easy it is for a country to slip into fascism.

I salute the judges who have gone out on a limb to fight against these thugs who drap themselves in the flag of their country. I fear for their safety and for their careers. Someone capable of torturing helpless prisoners is capable of anything.

[bemildred]

8. Bravo Sirs, one and all.

These weasels need to be exposed to the light of day.
:applause: