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UK judges accuse U.S. over Guantanamo case
Wed Feb 4, 2009 2:48pm EST
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By Keith Weir
LONDON (Reuters) - Two senior British judges accused the United States on Wednesday of threatening to end intelligence cooperation if Britain released evidence about the alleged torture of a Guantanamo detainee.
Britons could face increased danger if the judges defied the U.S. authorities and published full details in the case of Binyam Mohamed, an Ethiopian-born British resident who is held in Guantanamo Bay, they said.
Lawyers for British Foreign Secretary David Miliband said the threat had existed for some time and was still in place under President Barack Obama's administration, according to a ruling from High Court judges Lord Justice Thomas and Lord Justice Lloyd Jones.
They quoted the lawyers as saying the U.S. government, by reviewing intelligence cooperation, "could inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat still pertains."
Mohamed, arrested in Pakistan in April 2002, was accused of training at al Qaeda camps in Afghanistan, joining a squad of al Qaeda bomb-makers in Pakistan and plotting to set off a radioactive bomb in the United States.
In October, the Pentagon official overseeing the Guantanamo war crimes court dismissed all charges against Mohamed, who says he falsely confessed to a radioactive "dirty bomb" plot while being tortured in a Moroccan prison.
British media had applied to the Court for the release of full details of the evidence the British government held about the treatment of Mohamed after his detention.
"We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence contained in reports by its own officials ... relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be," the judges' ruling said.
"We had no reason ... to anticipate there would be made a threat of the gravity of the kind made by the United States Government that it would reconsider its intelligence sharing relationship," it added.
FULL INVESTIGATION DEMANDED
Britain's Foreign Office said intelligence relations with close ally the United States were vital to national security and relied on confidentiality being maintained.
"Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence sharing with any government," it said.
However, a legal charity which represents Mohamed called on the British and U.S. authorities to investigate the allegations.
"The U.S. is under a legal duty to investigate the crime of torture, not to suppress evidence that it happened," said Clive Stafford Smith, director of legal charity Reprieve."
Speaking in parliament, opposition Conservative politician David Davis called for the government to make a statement "on the involvement of British agents in torture, torture overseas and the right the United States government has to block a British court from disclosing information given to it." Continued...
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