A Collaboration with the University of Pittsburgh

UK government appeals release of details on ex-Guantanamo detainee's treatment

[JURIST] British government lawyers argued Monday that two UK High Court judges acted irresponsibly when they ruled [judgment text] last month that the details of the detention of Binyam Mohamed [JURIST news archive] in Pakistan in 2002 must be released [JURIST report]. Lawyers representing Foreign Secretary David Miliband [official profile] were appealing the latest in a series of back and forth rulings on whether redacted materials regarding Mohamed's detention should be disclosed. An October interim ruling [JURIST report] by Lord Justice Thomas and Justice Lloyd Jones resulted in a redacted release, which the High Court indicated it would revisit after receiving submissions from both the Foreign & Commonwealth Office (FCO) [official website] and Mohamed. In handing down its most recent decision ordering disclosure, Thomas and Jones said that in making public details of a detainee's treatment, "we were not in the judgment 'giving away the intelligence secrets of a foreign country' or making public 'American secrets.'" Both justices were critical of Milliband's efforts to keep the information classified [BBC report], noting that the US had already released similar information on the treatment of Abu Zubayah. The appeal is being heard [Guardian report] by Lord Judge, Lord Neuberger, and Sir Anthony May.

Also last month, a separate judge on the High Court ruled that, in Mohamed's separate suit for damages, information relating to his treatment at Guantanamo Bay may be withheld [JURIST report] under a "closed material procedure." Mohamed was returned to the UK in February, after charges against him were dismissed in October 2008 [JURIST reports]. Mohamed had been held at Guantanamo Bay for four years, on suspicion of conspiracy to commit terrorism [JURIST report].

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.