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GUARDIAN Fri, 26 Feb 2010 09:51:37 GMT
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. Neuberger agreed to Sumption's request without other parties in the case having any opportunity to oppose it. Lawyers for Mohamed, media groups led by the Guardian, and civil rights groups Liberty, Justice and Index on Censorship, strongly objected. They argued that it was a response to a wholly unwarranted and dangerous interference in the courts. The judgment in the Mohamed case saw the foreign secretary, David Miliband, defeated in his long battle to prevent publication of a seven-paragraph summary of 42 CIA documents – which are still suppressed – describing the treatment Mohamed received with the knowledge of MI5 officers. MI5 Binyam Mohamed Torture Haroon Siddique guardian.co.uk © Guardian News & Media Limited 2010 | Use of this content is subject to our Terms & Conditions | More Feeds
WORLDPRESSNETWORK 17 Feb 2010
By cartoonist Leon Kuhn whose work can also be seen on his own website http://www.leonkuhn.org.uk where postcards of some of his cartoons can be ordered.

See Leon Kuhn's page on "SpideredNews | Politics" at http://www.spiderednews.com/LeonKuhn.htm
GUARDIAN Thu, 11 Feb 2010 22:44:44 GMT
Evidence over "paragraph 168" shows that security services did know of deliberate US strategy of sleep deprivation, rendition threats and shackling. One of the gravest revelations so far made about the missing "paragraph 168" of this week's appeal court judgment in the Binyam Mohamed case is that parliament's intelligence and security committee (ISC) was misled by MI5. Government lawyer Jonathan Sumption QC, in a letter demanding the deletion of paragraph 168, confirmed this, pointing out that the judgment stated: "Officials of the service deliberately misled the ISC." He was referring to evidence given to a secret session of the ISC on 23 November 2006 by the then head of MI5, Eliza Manningham-Buller. She was testifying about events in May 2002 that took place under her predecessor, Stephen Lander. According to the ISC's later heavily redacted report, Manningham-Buller and her team denied all knowledge of Mohamed's ill-treatment. The committee – chaired by the former Northern Ireland secretary Paul Murphy – was told: "A member of the security service did interview [Mohamed] once for a period of approximately three hours while he was detained in Karachi in 2002." The interrogator, later known as Witness B, was "an experienced officer" who conducted the interview "in line with the services' guidance to staff on contact with detainees". The ISC recorded: "The security service denies that the officer told [Mohamed] he would be tortured as he alleges … He did not observe any abuse and … no instances of abuse were mentioned by [Mohamed]." Murphy's committee duly reassured the public that although MI5 conceded they had not demanded specific assurances from the US that Mohamed was being properly treated: "This is understandable given the lack of knowledge at the time of any possible consequences of US custody of detainees." That part of the published ISC report now appears to have been untrue. The judges found that MI5 had 42 documents, detailing how both Witness B and "persons senior to Witness B" had been briefed in detail at the time about how the US was deliberately ill-treating Mohamed as part of a "new strategy", systematically depriving him of sleep, terrifying him with threats of rendition and shackling him in interrogations.
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,
CRAIGMURRAY Mon, 16 Nov 2009

Finally I have indisputable documentary evidence that the British government had a positive policy of using intelligence from torture in the War on Terror, and that the policy was personally directed by Jack Straw.

Here are the minutes of the meeting at which I was told this:

Download file

All references to the CIA and MI6 have been literally cut out, but the meaning is till perfectly unmistakeable particularly given the heading of the minute.

And here is the absolute smoking gun of Jack Straw's involvement::

Download file

Straw has been lying about this for five years. He dismissed my evidence on this to the Parliamenary Joint Committee on Human Rights as "Entirely untrue".

http://www.craigmurray.org.uk/archives/2009/10/either_craig_mu.html#comments

Straw ruined my career over my opposition to torture intelligence, after I had been appointed Ambassador by his predecessor, Robin Cook, who was rather more well disposed towards human rights. It is wonderful that it is Robin Cook's Freedom of Information Act which I have used to finally prove beyond any doubt that slippery Straw was up to his neck in approving intelligence from torture.


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