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GUARDIAN Wed, 10 Feb 2010 15:22:39 GMT
Legal principle established in 1637 banned secret talks between lawyers and courts. It was broken by the government When the master of the rolls, Lord Neuberger, decided to retract paragraph 168 from his draft judgment in the case of Binyam Mohamed, he relied on almost 400 years of jurisprudence to assume that the parties in the case had agreed to its removal. The case of Ship Money, brought by Oliver Cromwell's cousin John Hampden in 1637, established the principle that there should be no secret communication between lawyers and the courts in legal proceedings. Representations from one side – in this case, the foreign secretary's barrister, Jonathan Sumption QC – should be copied to all other parties in the case, so that they have the opportunity to respond. On that basis, when Neuberger received a letter from Sumption requesting removal of the paragraph from the court of appeal draft judgment, lawyers say he must have thought he was acting with the agreement of all parties. Neuberger removed the paragraph from the final judgment, watering down the court's condemnation of the security services, described by Sumption as containing "exceptionally damaging criticism". "The master of the rolls' observations … will be read as statements by the court that the security service does not in fact operate a culture that respects human rights or abjures participation in coercive interrogation techniques," says Sumption's letter, now published in full on the Guardian's website. But other parties in the case were not consulted and are furious. "In all the years – I was first a government lawyer and then a liberty lawyer – I have never known the draft judgment process abused in this way," said Shami Chakrabarti, director of Liberty, the human rights organisation which was a party to the case. "The purpose of using drafts is for typographical and factual corrections – minor matters such as names and dates. "It is not to allow one party to re-run substantive arguments and tempt a court to tone down or change its judgments." She added: "I can't believe that the Foreign Office thought they could get away with this. It shows the kind of contempt for the law that this case has always been about." "This is anti-constitutional behaviour of the most disquieting kind," said Mark Stephens,
LAW.USFCA ** relinked from 19 Nov 2007 **
The University of San Francisco School of Law Center for Law and Global Justice has issued a report on the sentencing of child offenders - those convicted of crimes committed when younger than 18 years of age -to a term of life imprisonment without the possibility of release or parole ("LWOP"). The sentence condemns a child to die in prison. It is the harshest sentence an individual can receive short of death and violates international human rights standards of juvenile justice.

The United States is one of only two countries in the world that currently permits the condemning of juvenile offenders to die in prison, a clear violation of international human rights laws and covenants, a University of San Francisco School of Law report released today shows.

Outside the United States, the report provides details about Israel, the only other country to currently allow such sentences; and countries, such as Australia, where there is a real danger of such sentences being imposed; as well as countries such as Tanzania and South Africa that have recently moved to ban such sentences.

Principal Authors:

Michelle Leighton
Director, Human Rights Programs
Center for Law and Global Justice
University of San Francisco School of Law

Professor Connie de la Vega
Director, Frank C. Newman International Human Rights Law Clinic
University of San Francisco School of Law

TIMESONLINE Fri, 11 Sep 2009
MI6 is to be investigated over alleged ill-treatment of a suspect after the security service raised concerns over one of its own officers.

The unexpected development means that both MI6 and MI5 are now being investigated by the police, an unprecedented occurrence and one that will bring an unwelcome spotlight on the two organisations.

MI5 has been under investigation for some weeks over the case of Binyam Mohamed, the Ethiopian-born British resident who alleged that he was tortured by CIA interrogators while he was being held in a secret detention centre in Morocco.

When the allegations were made by Mr Mohamed, who was accused but not charged by the Americans of being linked to al-Qaeda in Afghanistan, there were concerns in Whitehall that other cases might arise in which the British intelligence services might have benefited from information gained by the CIA using unlawful interrogation techniques.

The CIA is already being investigated for alleged human rights abuses. Eric Holder, the US Attorney General, appointed John Durham, a veteran prosecutor from Connecticut, to examine all the evidence.

The US Justice Department recently released a secret report which showed CIA interrogators choking one prisoner repeatedly and threatening to kill another detainee’s children. Previous revelations uncovered other techniques, including “waterboarding” which involved detainees suffering the experience of drowning.

He said 12 former Guantanamo Bay detainees - with some residency link to Britain - had made such allegations to the police. A number of cases are already being heard by the courts.

The cases include that of Binyam Mohamed. They are all suing the Government for compensation for alleged complicity in the claimed abusive treatment they received in the American military detention camp.

WASHINGTONPOST Tue, 16 Jun 2009

An al-Qaeda associate captured by the CIA and subjected to harsh interrogation techniques said his jailers later told him they had mistakenly thought he was the No. 3 man in the organization's hierarchy and a partner of Osama bin Laden, according to newly released excerpts from a 2007 hearing.

"They told me, 'Sorry, we discover that you are not Number 3, not a partner, not even a fighter,' " said Abu Zubaida, speaking in broken English, according to the new transcript of a Combatant Status Review Tribunal held at the U.S. military prison in Guantanamo Bay, Cuba.

President George W. Bush described Abu Zubaida in 2002 as "al-Qaeda's chief of operations." Intelligence, military and law enforcement sources told The Washington Post this year that officials later concluded he was a Pakistan-based "fixer" for radical Islamist ideologues, but not a formal member of al-Qaeda, much less one of its leaders.

Abu Zubaida, a nom de guerre for Zayn al-Abidin Muhammed Hussein, told the 2007 panel of military officers at the detention facility in Cuba that "doctors told me that I nearly died four times" and that he endured "months of suffering and torture" on the false premise that he was an al-Qaeda leader.

Abu Zubaida, 38, was subjected 83 times to waterboarding, a technique that leads victims to believe they are drowning and that has been widely condemned as torture. The Palestinian was held at a secret CIA facility after his capture in Pakistan in March 2002.


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