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Guantanamo/Detainees

British Court Blames US Threat for Decision to Keep Torture Evidence Secret

Posted Feb 5, 2009 9:05 AM CST
By Debra Cassens Weiss

Two British High Court judges say they have refused to release evidence of alleged torture because of a U.S. threat to stop sharing intelligence evidence with the country.

Justices John Thomas and David Lloyd Jones ruled in the case of Binyam Mohamed, a British resident who says he was secretly tortured while in American custody at secret prisons before he was transferred to Guantanamo Bay, according to the New York Times and the Washington Post. He was originally accused in an alleged dirty bomb plot, but charges were dropped last year.

The information kept secret by the court had been supplied by the United States. The opinion made clear the judges ruled with reluctance. “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 … relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be," the opinion said.

Comments

1.

J.D.
Feb 5, 2009 9:43 AM CST

This is why war must not be an issue for the courts. These judges fail to recognise that they do not have the capacity to adjudicate war issues. But because they don’t understand this, they come to the rather odd conclusion that the U.S. is “secretly” “suppressing” “evidence” when in reality, the U.S. is simply trying to win a war and prevent the death of Westerners.

Wars aren’t won in the court and therefore shouldn’t be litigated there.

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2.

B. McLeod
Feb 5, 2009 12:14 PM CST

An interesting concept.  At the moment, our Army, if not our country, seems to be at “war” in Afghanistan, and serving as an occupation force in Iraq. However, if we are at war with Britain (Mohamed’s nation of residence) or Eithiopia (his nation of origin) or Pakistan (where he was seized), it is news to me.  Maybe we are at war with Mr. Mohamed personally.  In any case, I don’t see how covering up evidence that statements were extracted from him by torture “wins” a “war” (whomever it is with).

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