Court rules against government in key Guantanamo case

Thu Aug 21, 2008 8:29pm BST
 
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By Luke Baker

LONDON (Reuters) - A British court ruled on Thursday that the government must disclose evidence to a defendant being held at Guantanamo Bay, a decision that carried with it implicit criticism of U.S. government detention policies.

In its ruling, the High Court said Britain's Foreign Office must provide Binyam Mohamed, a British resident detained in Pakistan in 2002 and now held at Guantanamo, with information relating to his time in detention.

His lawyers say the material supports his claim to have been "extraordinarily rendered", tortured and forced into a confession on terrorism charges.

Lord Justice Thomas and Lord Justice Lloyd Jones said the Foreign Office had a duty to "disclose in confidence" the information Mohamed was seeking in order for his lawyers to mount a proper defence of the charges against him.

Mohamed's legal team was buoyant after the ruling, calling it a "momentous decision" that showed the legal system's determination to stand up for human rights while condemning the U.S. government's detention procedures at Guantanamo.

"Today's judgment reflects the abhorrence of decent society at the methods employed by the United States' government in the supposed 'war on terror'," said Richard Stein, a lawyer with Leigh Day & Co, the solicitors who brought the case.

"We can only hope that the foreign secretary will now reflect on this judgment and provide direct assistance to Binyam's defence team."

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