Draft Binyam ruling: MI5 human rights dubious
Updated on 11 February 2010
Channel 4 News has learned of the astonishing criticisms levelled in the original draft judgment on the case of Binyam Mohamed composed by the Court of Appeal which was changed before publication.
Yesterday, the Court of Appeal ordered the publication of seven paragraphs relating to the treatment of former Guantanamo Bay detainee Binyam Mohamed while he was detained in Pakistan and Morocco.
But the court faced criticisms for watering down the judgement after it was revealed a government lawyer wrote to the Master of the Rolls, Lord Neuberger, on Monday.
In a leaked letter, Jonathan Sumption QC protested at the strength of language, saying the judgement went "well beyond" anything found by the court.
Channel 4 News understands that in the original version Lord Neuberger, one of the most senior judges in the country, did say that MI5 had been involved in the suppression of information - and that also on this issue it had done this on a previous occasion.
Channel 4 News also understand Lord Neuberger had stated that MI5's human rights record was dubious.
Channel 4 News also believes that the judgement also went onto say MI5 was less than frank over its record on inhumane treatment and that MI5, Britain's domestic security service, had a worrying disregard for the truth.
More Channel 4 News coverage of Binyam Mohamed's case
- Court orders release of Binyam torture papers
- Binyam Mohamed ruling a 'tactical retreat'
- Full text of the redacted paragraphs
- High court lifts ban on 'torture' documents
Jonathan Sumption's letter said the draft judgement would be read as a court statement "that the Security Service does not in fact operate a culture that respects human rights or abjures participation in coercive interrogation techniques".
He argued those observations constituted "an exceptionally damaging criticism of the good faith of the Security Service as a whole".
Mr Mohamed has been pursuing legal proceedings since his return to the UK last February following his release from Guantanamo Bay.
The 31-year-old British resident, who was born in Ethiopia, was detained in Pakistan in 2002 on suspicion of involvement in terrorism. He was then "rendered" to Morocco and Afghanistan before being sent to Guantanamo Bay in 2004.
Mr Mohamed says that he was tortured in Pakistan and Morocco while being detained by the US, and that Britain knew about his treatment.
The latest court ruling followed a bid by the Foreign Office to prevent the publication of certain information on Mr Mohamed, arguing that it would go against principles of intelligence sharing, in this case with the US.
