MI5
faced an unprecedented and damaging crisis after one of the country's most
senior judges found that the Security Service had failed to respect human
rights, deliberately misled parliament, and had a culture of suppression
that undermined government assurances about its conduct.
The condemnation, by Lord Neuberger, the master of the rolls, was drafted
shortly before the foreign secretary, David Miliband, lost his long legal
battle to suppress a seven-paragraph court document showing that MI5
officers were involved in the ill-treatment of a British resident, Binyam
Mohamed.
Amid mounting calls for an independent inquiry into the affair, three of
the country's most senior judges Lord Judge, the lord chief justice, Sir
Anthony May, president of the Queen's Bench Division, and Lord Neuberger
disclosed evidence of MI5's complicity in Mohamed's torture and unlawful
interrogation by the US.
So severe were Neuberger's criticisms of MI5 that the government's
leading lawyer in the case, Jonathan Sumption QC, privately wrote to the
court asking him to reconsider his draft judgment before it was handed down.
The court's final ruling forced the Foreign Office to publish a
seven-paragraph summary of 42 classified CIA documents that were handed to
MI5 before Witness B travelled to Pakistan to interrogate Mohamed. These
show that MI5 was aware that Mohamed was being continuously deprived of
sleep, threatened with rendition and subjected to previous interrogations
that were causing him significant mental stress and suffering. If
administered in the UK, the summary says, it would clearly be in breach of
undertakings about interrogation techniques made by the British government
in 1972.
Miliband told MPs that the ruling was leading to a great deal of
concern in the US. In a statement to the Commons he said he had fought
to prevent the release of the information to defend the fundamental
principle that intelligence shared with the UK would be protected.
Update:
Less than Frank
27th February 2010. Based on
article
from
independent.co.uk
In a ruling that raises questions about the conduct and regulation of
MI5, the Court of Appeal said officers had suppressed evidence of their
alleged involvement in the torture of Binyam Mohamed while he was imprisoned
by America.
The judicial criticism was made fully public after The Independent and
other media groups successfully challenged a decision by the court to remove
a paragraph from a draft judgment because of an objection raised by the
Government.
The Master of the Rolls, Lord Neuberger, accused officers of having a
dubious record over the coercive interrogation of the former
Guantanamo Bay detainee. Lord Neuberger said some officers had been less
than frank about what they knew about Mohamed's ill-treatment.
The paragraph in question explains how MI5 had stressed to a
parliamentary committee that it operated in a culture that respected
human rights and that coercive techniques were alien to the service's
general ethics, methodology and training.
Lord Neuberger's final paragraph says: Yet in this case that does not
seem to have been true: as the evidence shows, some Security Services
officials appear to have a dubious record relating to actual involvement,
and frankness about any such involvement, with the mistreatment of Mr
Mohamed when he was held at the behest of US officials.