UK-USA: Binyam Mohammed sues government and faces kangaroo court
01 August 2008
Campaigners from across the UK took part in a series of demonstrations marking the sixth anniversary of the opening of the US gulag at Guantanamo Bay, Cuba, on 11 January. Orange protests took place across the UK in Edinburgh, Sheffield, London, Leeds and Birmingham.
The US asserts that the British citizens and residents they have released from Guantanamo are still "dangerous men" and this position was endorsed by the government through the prompt arrest, and detention under strict bail conditions of two of the detainees on their return to the UK on the basis of a European extradition warrant issued by Spain. This extradition has since been overturned on medical grounds because of the mens' poor state of health after their incarceration and torture. Moreover, two other men with links to the UK remain incarcerated in Guantanamo Bay. The US authorities refused to release Binyam Mohammed, a 29-year old Ethiopian national from west London, and the government refused to make representations on behalf of Ahmed Belbacha, who cannot return to Algeria because of threats made on his life.
In May, Binyam Mohammed, an asylum seeker who was residing in Kensington before his abduction, opened proceedings to sue the British government in the High Court for refusing to produce evidence that could prove his innocence of charges brought by a US military commission. Binyam was rendered by the CIA to Morocco from 21 July 2002 until 21 January 2004 where he was tortured with a razor blade which was used repeatedly to cut his genitals. From January to May 2004 he received further abuse in the "Dark Prison" in Kabul, Afghanistan. Binyam now faces a US military tribunal, described by Lord Steyn (one of the UK's most senior judges until his retirement from the House of Lords in 2005) as a "kangaroo court", and faces the death penalty when he is found guilty. Significantly, the British government, which provided evidence to the US for use in Binyam's torture, has refused to turn this evidence over to defence lawyers, arguing that:
"the UK is under no obligation under international law to assist foreign courts and tribunals in assuring that torture evidence is not admitted".
The government added: "You further allege that HM Government provided information to the US or Moroccan authorities which was subsequently used in the torture of your client. However, you do not provide any evidence to support...your assertion that such alleged information or assistance `was subsequently used in the torture of your client'". However, this is exactly what Binyam did in his "Torture Diary", in which he documents his realisation that "the British were sending questions to the Moroccans". This allegation was deemed credible by the Intelligence and Security Committee.
Binyam's situation is succinctly summed up by Richard Stein of Leigh Day & Co solicitors:
"Mr Mohammed has been the victim of extraordinary rendition, horrific torture, years of detention without trial, all apparently with the assistance of or, at least, the Nelsonian blindness of the British government. It beggars belief that they will not lift a finger to help a British resident when he may face the death penalty."
In July the London Guantanamo Campaign held a six day vigil - one day for each year his detention - in support of Binyam outside the US embassy. They stressed that he is suicidal and suffering post traumatic stress disorder. He is on hunger strike and being force fed by military guards. The campaign is demanding that the USA authorities immediately drop the charges and arrange for Binyam's release and return to the UK.
London Guantanamo Campaign can be contacted at london.gtmo@googlemail.com; "A Guantanamo Bay detainee sues British Government for not releasing evidence that could prove his innocence" Leigh Day & Co and Reprieve press release (undated); "Intelligence and Security Committee Report" July 2007