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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,
BBC Thu, 26 Feb 2009
Ministers have said they handed over two terror suspects to US authorities in Afghanistan, sparking claims of collusion in extraordinary rendition.

Defence secretary John Hutton said the two, detained by UK forces in Iraq in 2004, were transferred to US custody in Afghanistan where they remain.

Mr Hutton apologised for past incorrect answers given to MPs about the issue.

He said UK officials were aware that the two men, understood to be Pakistani nationals, had been transferred to the US in 2004.

Extraordinary rendition is the term used for sending terror suspects for interrogation in countries were torture is not illegal.

The UK has always denied being involved in the practice despite frequent allegations to the contrary.

They are still being held in Afghanistan, where they are classified as "unlawful enemy combatants".

Mr Hutton said "brief references" to the case had been included in papers sent to the Foreign and Home Secretaries in 2006 but its significance had not been highlighted at the time.

The Conservatives called for an inquiry into the case, saying it raised questions about the practice of extraordinary rendition.

Former home secretary David Davis said the case was the "latest in a series of issues where the government has been less than straightforward" with regard to allegations of torture.

The government admitted last year that two US flights carrying terror suspects for interrogation landed on UK territory in 2002.

The revelation comes days after Binyam Mohamed, the former Guantanamo detainee who claims UK intelligence agencies colluded in his torture, returned to the UK.

GUARDIAN Thu, 19 Feb 2009

I never imagined I would say this, but Stella Rimington is right. The former head of MI5 who made her career running the security service's dirtiest operations in the 1980s, against the miners' union and the IRA, has warned that the government has given terrorists the chance to find "greater justification" by making people feel they "live in fear and under a police state". Naturally, ministers described her remarks as nonsense and accused her of playing "into the hands of our enemies".

But the damage is done. To have the woman once hailed as Britain's Queen of Spies accusing the government of recklessly counter-productive authoritarianism carries a special weight - and incidentally turns the traditional relationship between Labour and the secret state on its head. Rimington went further, denouncing the US for Guantánamo and torture, but reverted to type by insisting MI5 "doesn't do that".

No, as we now know, it contracts out that job to others, while its officers stand by promising to arrange "more lenient treatment" if the victim co-operates. In case after case, British collaboration in the hidden crimes of the war on terror has now been laid bare. But none more so than in the seven-year ordeal of Binyam Mohamed, the last British resident in Guantánamo, the details of whose CIA kidnapping and US-orchestrated torture across four countries the foreign secretary, David Miliband, has twisted and turned to prevent being made public.

As it now turns out, the US letter warning that intelligence-sharing with Britain would be damaged if the torture evidence was published - used to strong-arm the high court into suppressing it - was in fact issued at the request of the Foreign Office itself. Perhaps that's hardly surprising, when the court has already heard that MI5 officers questioned the freshly tortured Mohamed in illegal Pakistani detention under government guidelines and fed questions to CIA interrogators as he was secretly "rendered" from Pakistan to Afghanistan to Morocco.

Mohamed was hung from leather straps and beaten in Pakistan, and had his genitals slashed in Morocco, while other British terror suspects questioned by MI5 had their fingernails ripped out. Mohamed ended up confessing under torture to a fantasy "dirty bomb" plot, though all charges have been dropped and he is finally due to be returned to Britain any day now.

But New Labour's sins in the war on terror are catching up with it. And it's not only officials, but politicians, up to and including Tony Blair, who could be in the legal frame as a result of British collusion with torture, "extraordinary rendition" - illegal abductions to third countries - and "ghost" prisons.


URUKNET Fri, 26 Sep 2008
Sami al-Haj, an Al Jazeera cameraman, was beaten, abused and humiliated in the name of the war on terror. He tells our correspondent about his struggle to rebuild a shattered life

Thursday, 25 September 2008

Sami al-Haj walks with pain on his steel crutch; almost six years in the nightmare of Guantanamo have taken their toll on the Al Jazeera journalist and, now in the safety of a hotel in the small Norwegian town of Lillehammer, he is a figure of both dignity and shame. The Americans told him they were sorry when they eventually freed him this year – after the beatings he says he suffered, and the force-feeding, the humiliations and interrogations by British, American and Canadian intelligence officers – and now he hopes one day he'll be able to walk without his stick.

The TV cameraman, 38, was never charged with any crime, nor was he put on trial; his testimony makes it clear that he was held in three prisons for six-and-a-half years – repeatedly beaten and force-fed – not because he was a suspected "terrorist" but because he refused to become an American spy. From the moment Sami al-Haj arrived at Guantanamo, flown there from the brutal US prison camp at Kandahar, his captors demanded that he work for them. The cruelty visited upon him – constantly interrupted by American admissions of his innocence – seemed designed to turnal-Haj into a US intelligence "asset".

"We know you are innocent, you are here by mistake," he says he was told in more than 200 interrogations. "All they wanted was for me to be a spy for them. They said they would give me US citizenship, that my wife and child could live in America, that they would protect me. But I said: 'I will not do this – first of all because I'm a journalist and this is not my job and because I fear for myself and my family. In war, I can be wounded and I can die or survive. But if I work with you, al-Qa'ida will eliminate me. And if I don't work with you, you will kill me'."

CAGEPRISONERS Sat 12 July 2008
Today I am crying out for help – not for me, but for a Pakistan woman who you and I have never met, but she is our sister in Islam and she is in desperate need.

She has been held in isolation by the Americans in neighbouring Afghanistan.

But there has been not one word, not one paragraph about Prisoner 650 – the Grey Lady of Bagram … a murderous detention facility under the control of the US Military and intelligence services.

I call her the Grey Lady because she is almost a ghost, a spectre whose cries and screams continue to haunt those who heard her.

In truth, I wondered for a while if she really existed.

She first came to my attention when I read Enemy Combatant, a book by ex- Guantanamo detainee Moazzam Begg. Moazzam is a British citizen born and raised in Birmingham.

At the end of it all, I asked them, "Why have you got a woman next door?" They told me there was no woman next door. But I was unconvinced. Those screams echoed through my worst nightmares for a long time. And I later learned in Guantánamo, from other prisoners, that they had heard the screams, too, and believed it was my wife. They had been praying for her deliverance.”

Well, when I first read his story I thought perhaps the CIA had played tape recordings as part of mental torture – but I now know that what Moazzam heard were the very real cries of a woman in genuine distress … a Pakistan woman.

What Moazzam and other Bagram detainees heard has also been corroborated by four Arabs who escaped from Bagram in July 2005.

While on the run one gave an interview to al Arabiya in which he not only confirmed he had heard a woman’s screams, but he had seen her.

He revealed how the male prisoners in Bagram had gone on hunger strike for six days to try and improve her conditions. She was treated to exactly the same brutal regime as the male prisoners.

Bizarrely enough, that interview went out recently on YouTube but was brought down several days ago without notice so I am unable to give you a copy today.

But what I also know, without going into too much detail, is that the Grey Lady is registered as Prisoner 650 – you see the US military has a file and records on her so they can not deny her existence.

Today I am making a demand that the US military hands over the Grey Lady immediately. We do not know her identity, we do not know the state of her mind, we do not know the extent of the abuse or torture.

What I do know is that this would never happen to a western woman – what is wrong with the US military? Don’t they value a Muslim woman, is her life worthless, does she not deserve to be treated with respect?

In truth I don’t think any of us with a conscience can rest until she is released.

Sadly, she is not the only one – and my colleague from Cage Prisoners – Saghir Hussain – will give more detail on Pakistan’s other Lost Souls known as The Disappeared.

All, like the Grey Lady of Bagram, have been illegally abducted by the secretive intelligence agencies.

They began disappearing in 2001 with the onset of the so-called war on terror.

COUNTERPUNCH Wed, 09 Jul 2008
After years of denials by the British government that rendition flights had passed through Diego Garcia, David Miliband admitted in February that he had just been informed by his US counterparts that, upon searching their records, they had discovered that two flights had stopped on Diego Garcia in 2002. “In both cases a US plane with a single detainee on board refuelled at the US facility in Diego Garcia,” Miliband said. “The detainees did not leave the plane, and the US Government has assured us that no US detainees have ever been held on Diego Garcia. US investigations show no record of any other rendition through Diego Garcia or any other Overseas Territory or through the UK itself since then.”

At the time, I noted that this appeared to be a sly form of damage limitation, as there was compelling evidence that, far from being used on just two occasions as a transit point, the island had actually housed a secret prison. Three examples will suffice for now, although it’s a safe bet that more revelations are forthcoming.

In October 2003, Time magazine ran an exclusive feature by Simon Elegant focusing on the imprisonment of Hambali, a “high-value detainee,” who spent years in various secret CIA prisons -- including Diego Garcia -- until he was transferred to Guantánamo in September 2006. Other evidence came from Council of Europe investigator (and Swiss senator) Dick Marty, who reported in June 2006 that, having spoken to senior CIA officers during his research, he had “received concurring confirmations that United States agencies have used Diego Garcia, which is the international legal responsibility of the UK, in the ‘processing’ of high-value detainees.’”

The final piece of evidence came from inside the US administration itself, when Barry McCaffrey, a retired four-star US general, and currently a professor of international security studies at the West Point military academy, let slip on two occasions that Diego Garcia had housed a secret prison. In May 2004, he blithely declared, “We’re probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq,” and in December 2006 he slipped the leash again, saying, “They’re behind bars … we’ve got them on Diego Garcia, in Bagram air field, in Guantánamo.”

BLOGSPOT Fri, 13 Jun 2008
The Supreme Court ruled today that suspected foreign terrorists held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts and to confront their accusers.

The Court also slammed Congress for passing the Military Commissions Act of 2006, which set up the show trial military tribunals now in progress.

The Court held that even in times of war, and even with suspected terrorists, the Constitution controls.

Scalia and the other pro-torture judges whined in dissent that the ruling would make "the war on terror" tougher for the U.S., totally ignoring the ideas of the Founding Fathers that the Constitution should apply in wartime as well as peacetime and ignoring the fact that the world's leading experts on torture say that torture produces inaccurate and useless information.

Given that the Constitution has been getting mugged for many years now, this is an important decision which might shift the momentum away from fascism and towards justice and the rule of law.
BBC Fri, 14 Mar 2008 02:58:08 GMT
A Yemeni man has described being held for nearly three years in secret CIA prisons, or "black sites", around the world and accused the US of torture.

Khaled al-Maqtari told Amnesty International he was held in isolation for more than 28 months without charge or access to any legal representation.

He said he first became a US "ghost detainee" at Abu Ghraib prison in Iraq after being arrested there in 2004.

The US has not acknowledged detaining Mr Maqtari.

US President George W Bush did acknowledge the existence of black sites in 2006.

He said the prisons were a vital tool in the US "war on terror" and insisted that the CIA had treated detainees humanely and had not used torture.

In July 2007, Mr Bush issued an executive order which banned "cruel, inhuman or degrading treatment" of terrorist suspects by the CIA, but not its operation of secret facilities. The agency has since declined to say whether it still uses them.

"Khaled al-Maqtari's account sheds more light on the US's unlawful conduct in the 'war on terror'," said Anne FitzGerald, a senior adviser at Amnesty.

"He describes being subjected to international crimes such as enforced disappearance and torture, yet these allegations have never been investigated," she added.

"The secrecy surrounding the programme goes hand-in-hand with a complete absence of accountability," the Amnesty International adviser said.

GUARDIAN Sat, 01 Mar 2008

A former SAS soldier was served with a high court order yesterday preventing him from making fresh disclosures about how hundreds of Iraqis and Afghans captured by British and American special forces were rendered to prisons where they faced torture.

Ben Griffin could be jailed if he makes further disclosures about how people seized by special forces were allegedly mistreated and ended up in secret prisons in breach of the Geneva conventions and international law. Griffin, 29, left the British army in 2005 after three months in Baghdad, saying he disagreed with the "illegal" tactics of US troops.

He told a press conference hosted by the Stop the War Coalition this week that individuals detained by SAS troops in a joint UK-US special forces taskforce had ended up in interrogation centres in Iraq and Afghanistan, as well as Guantánamo Bay. He had not witnessed torture himself but added: "I have no doubt in my mind that non-combatants I personally detained were handed over to the Americans and subsequently tortured."

Referring to the government's admission that two US rendition flights containing terror suspects had landed at the British territory of Diego Garcia, Griffin said the use of British territory and airspace "pales into insignificance in light of the fact that it has been British soldiers detaining the victims of extraordinary rendition in the first place".

The Ministry of Defence said it did not comment on special forces' activities.

In a separate move, the media have been prevented by a court order from reporting a court martial of six SAS soldiers charged with a conspiracy to "defraud of a value of about £3,000".


STOPWAR Thu, 28 Feb 2008
Press Release
Stop the War Coalition
www.stopwar.org.uk
Thursday 28 February 2008
4.15 pm
Immediate

Government threat to gag Ex-SAS soldier speaking out on rendition and torture

Ex-SAS trooper Ben Griffin will join Ibrahim Moussawi, Hassan Juma’a and
others at the World Against War rally this evening at Friend’s Meeting House,
Euston Road, NW1 at 6.30 pm.

The government is seeking an injunction against Ben tomorrow morning (Friday)
to prevent him speaking out about British collaboration with US rendition and
torture. He will be speaking about these issues tonight.

Contact:
David Wilson
Press Office
Stop the War Coalition
M: 07951 579 064
E: office@stopwar.org.uk
www.stopwar.org.uk
STOPWAR Thu, 28 Feb 2008
This statement was prepared and read by Ben Griffin, ex-SAS soldier, at a press conference on Monday 25 February 2008.

Our government would have us believe that our involvement in the process known as Extraordinary Rendition is limited to two occasions on which planes carrying detainees landed to refuel on the British Indian Ocean Territory, Diego Garcia. David Miliband has stated that the British Government expects the Government of the United States to “seek permission to render detainees via UK territory and airspace, including Overseas Territories; that we will grant that permission only if we are satisfied that the rendition would accord with UK law and our international obligations; and how we understand our obligations under the UN Convention Against Torture¹.” (Taken from a statement given to the House of Commons by the Foreign Secretary David Miliband on Thursday 21 February 2008) ....

The use of British Territory and airspace pales into insignificance in light of the fact that it has been British soldiers detaining the victims of Extraordinary Rendition in the first place. Since the invasion of Afghanistan in the autumn of 2001 UKSF has operated within a joint US/UK Task Force. This Task Force has been responsible for the detention of hundreds if not thousands of individuals in Afghanistan and Iraq. Individuals detained by British soldiers within this Task force have ended up in Guantanamo Bay Detention Camp, Bagram Theatre Internment Facility, Balad Special Forces Base, Camp Nama BIAP and Abu Ghraib Prison.

Whilst the government has stated its desire that the Guantanamo Bay detention camp be closed, it has remained silent over these other secretive prisons in Iraq and Afghanistan. These secretive prisons are part of a global network in which individuals face torture and are held indefinately without charge. All of this is in direct contravention of the Geneva Conventions, International Law and the UN Convention Against Torture.

Full List of Secret Prisons articles
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Ben Griffin - Former SAS Trooper Banned speech to World Against War Rally

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