Fiona Hamilton
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Eight men freed from Guantanamo Bay are suing the British Government for millions of pounds, claiming that it was complicit in the process in which they were detained and sent for interrogation at the detention camp.
The group have issued writs against MI5 and MI6 and said that the British authorities had knowledge of their illegal abduction, treatment and interrogation.
The eight men were detained in Afghanistan and Pakistan at various times. It is understood that they claim that the British authorities were aware that they would be removed to Guantanamo but nonetheless continued to co-operate with the Americans. The Daily Mail last night reported that two separate writs had been lodged by the group, with five Britons and three foreign citizens naming “The Security Services”, “The Secret Intelligence Agency” and “The Attorney-General” as defendants.
The first writ was issued at the High Court in London by lawyers acting for Omar Deghayes, a Libyan, Jamil el-Banna, a Jordanian — both released last December — and Bisher al-Rawi, an Iraqi, released this year. All three men live in Britain but are foreign nationals.
The second names five Britons as claimants: Moazzam Begg, released in 2005, Richard Belmar, and the so-called “Tipton Three” — Ruhal Ahmed, Shafiq Rasul and Asif Iqbal. All were released in previous years.
The newspaper reported that one of the eight men claimed that the group were put on CIA “torture flights” to the prison camp in Cuba.
The Government has faced calls recently to order an independent inquiry into the process, known as “extraordinary rendition”, in which terrorism suspects are sent for interrogation in states where they have no legal protection.
Irene Membhard, a solicitor with Birnberg Pierce, confirmed that writs had been issued on behalf of the men. She told the Daily Mail: “Service is not imminent but watch this space within the next two months.”
Mr Begg, who was arrested by the CIA in Pakistan in 2002, said that the case would centre on the “general behaviour and complicity in the abuse of British citizens” by MI5 and MI6.
Mr Begg, from Birmingham, told the newspaper: “It is actual involvement in some cases, in the process of interrogation, in the process of us being handed over. It is culpability by the British authorities in being involved in most of the process, their presence on every step of the journey before we got to Guantanamo.”
The eight men were all re-arrested when they returned to Britain but freed without charge.
The three men from Tipton launched a lawsuit against the American authorities two years ago, alleging they were mistreated during their time in captivity. The US Court of Appeal dismissed their action earlier this year but they are appealing to the Supreme Court.
News of the lawsuits came as it was reported that America’s most senior general was “hoodwinked” by officials in the Bush Administration in relation to interrogation procedures at the prison.
The Guardian reported that General Richard Myers, chairman of the US Joint Chiefs of Staff from 2001 to 2005, wrongly believed that inmates at Guantanamo were protected by the Geneva conventions. It said that he was duped by senior officials in Washington who believed that the Geneva conventions and other traditional safeguards were out of date.
The disclosures were contained in a new book by Philippe Sands, QC, a professor at University College London. The book, Torture Team, also claims that the Guantanamo lawyers charged with devising interrogation techniques were inspired by the character Jack Bauer, from the television series 24.
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It all comes down to money doesn't it? I wonder how much the families of those bombed in London 3 years ago received? Perhaps our special intelligence services should just give up in their thankless task to try to protect the maligned British 'taxpayer' (perpetrator of all the world's ills it appears) and let the fanatics do as they please in case their 'yooman rights' are infringed. I'm sure these fine upstanding global citizens were just sightseeing in Afghanistan and spreading joy and peace in their wake, poor lambs....The lunatics are certainly running the asylum alright!
J.C., Yelverton, Devon
It is quite amazing how willing all of you are to make comments without knowing the full story. Firstly, human rights lawyers aren't actually particularly well paid. The government isn't going to support the opposition! I know a human rights lawyer doing cases like this who has re-mortgaged his house in order to pay for fees. So not prob not v jolly.
Secondly, the Birmingham 3 were born in Birmingham. They have foreign passports as their parents are foreign. But so what? They have contributed to the state by paying taxes etc, why should they be denied their basic fundamental human rights?
These guys aren't traitors. Do you even know their story? They went over to Pakistan and Afghanistan because one of them was getting married. They were kids, they worked in Currys. They had never even met Osama, nor were they interested in joining the Taliban.
It's all because American and Britain need to pin the blame on someone for 9/11. Research the Straussian Theory & stop being so ignorant.
Ashley Norman, london, UK
I saw a TV programme featuring this trio in which they agreed to take a lie test. The upshot was that at least one of them was lying. He was not simply on holiday in Pakistan but wanted to train to fight. These people use the British passport as a flag of convenience when it suits. They hate this country and everything it stands for. How do they have the money to mount this case......or are we taxpayers picking up the tab?
Janet, London,
Krishan, Sydney. NO, you are missing the point. We don't care anymore about the civil rights of people that bomb and kill our countrymen and women. we are sick of liberal human rights laws that allow these people to burn up our tax dollars that should be being spent on health care and education for our children. Britain has tried to be reasonable and multicultural and all we have got for it is abused by these people. they were captured combatants, they should be put to death!
Barry, London, UK
I would have liked to have seen ALL those concerned deported !!! Lets not forget they were found on the battlefields of Afghanistan !!!! in Tora Bora in some case fighting for Taliban/Al Queda !!!!!! I am sick of human rights do gooders
Where were the human rights of the people MURDERED going to work on a summers day in London,have you forgotten 7/7 !!!
Do not vote for this government at the next election,vote for a party that has our national security at heart !! Not the human rights of a Libyan or Algerian or Pakistani or Yemeni extremist living on benefits in our country while plotting to kill our citizens.
As for you lawyers,you are complete parasites without morals.You disgust me.
Other option move to Australia if Labor are re elected !
Paul chandler, Londistan, UK
Who is paying for all this legal action? No doubt it is the taxpayer. Who are receiving the legal fees? I wonder if the lawyers are all fellow muslims. Will our judges be stupid enough to pay out taxpayer's money? I can only guess. What will the money be spent on? I wonder.
John , London, UK
I hope they are successful! The United States is not a place of democracy, the fact that they still have the death penalty shows how behind they truly are.
Good Luck to these men I say: Close Guantanamo Bay!!
Sam Hussain, Essex, UK
It's about time we wake up to reality. We are very good at condemning muslim's for terrorism but we fail to see the causes. Take the recent BAE example. We go out of our way to accommodate corrupt and oppressive regimes in the middle east because they will give us cheap oil. In return we turn a blind eye to the atrocities they commit against their peoples. We need to get out of this mind frame were we provide a simplistic argument such as muslims are inherently violent or its what the quran says.
Michael, London,
I may have missed something in the last few centuries, but part of the principles of a modern justice system is that a person is innocent until proven guilty, They haven't faced trial as terroists, therefore they remain as innocent people. No ifs and no buts. This is a case of human rights and even if they were found guilty of terroism we do not have the right to torture them. The issue of ctitizenship is irreleveant, we are morally bound to protect people under threat of torture and not to assist in the violation of any living human being.
Okay so it is our money, but it is also our government. THerefore they have every right to claim damages from our pocket if their case is just enough
Phil, Newcastle, England
Send them back!
Dean, Southampton, England
Those to whom evil is done do evil in return.
Payback time is just round the corner.
Andrew Milner, Karuizawa, Japan
Fabio, I cannot speak of why some people were in Pakistan, but if you take a look at a tourist guide of the country you will find some of the most beautiful mountains and landscapes, not to mention thousands of years of history - e.g. just outside Islamabad by about an hours drive you can find the remains of one of the worlds oldest Buddhist universities. A little culture and education goes a long way.
Farrukh, Woking, UK
BP (those well-known civil rights ambulance chasers) pursue yet another showcase trial that will cost UK tax payers millions. If they truly cared about civil rights then they should have stuck their heads above the parapet in the 90's when Hazaras abducted Pashtuns and Pashtuns abducted Hazaras wherever they saw each other, pulling out the fingernails of men, women and children prisoners, cutting off hands and legs, even hammering nails into prisonersâ skulls. Detainees were kept in containers and then the containers were set on fire and so on and so forth. So what were Omar Deghayes, Jamil el-Banna, Bisher al-Rawi, Moazzam Begg, Richard Belmar, Ruhal Ahmed, Shafiq Rasul and Asif Iqbal doing? On vacation? These blog comments are not discriminatory. Sadly, the individuals involved chose to play the religion/race card when they went to the region; this is being exploited by Birnbergs. The Taliban massacred thousands of civilians; so these 8 in Guantanamo for a while I can live with!
Country Boy, Bournemouth,
Would be realy interesting to know what Mr. Omar Deghayes, for instance, a Libyan but UK resident, was doing in Pakistan. Did he ever explained that? What about the others. Did they ever explained that?
Fabio C, London, UK
kidnap and torture are illegal, and when "the state" aids this awful crime then the punishent should be a capital crime, ie execution of all those complicit in this crime.
fenton, north london,
Can't believe I am reading such blatantly racist and inaccurate stuff on a Timesonline comment blog.
Just because some of the British citizens are Muslims with brown skin and Middle Eastern heritage, it does NOT make them less British than white skinned British people.
American law courts believe that Americans have the right to kidnap foreign nationals and bring them to USA, and have done so re: drugs cases, bringing in people from Mexico. USA is not signed up to the International Courts of Justice. USA ignores the Geneva Convention when it suits itself..and then tries to tell other nations (after invading and occupying illegally without a UN sanction) that it is the bastion of democracy.
<cue laughter>
Anyone here seen the documentary on the 'Rendition' CD made by human rights organisation Witness ? Sobering.
If you think that kidnapping people, taking them to foreign countries and torturing them is fine, then you are sleepwalking into a police state.
Fay, London,
Those who think civil law is the law and should be applied no matter where or what situation are just as blindingly stupid as those who send the country to war under the stewardship of the HRA.
David Thijm, Stourbridge, UK
They were the victims of unlawful detention and torture, in which British inteligence was complicit. I also object to the deliberate attempts to blacken the charecter of the Tipton Three. I would also remind your readers that none of these victims of torture had anything to do with 7/7.
I want accountability of government, not more gutter level spin.
Steven Adams, Norwich, UK
If those with British passports were found in support of action against British armed forces, then why are they not facing a British court for acts of treason and other offences?
Those with non-British passports should be treated as prisoners of war by which ever nation captures them. We should be taking the moral high ground and treat other nationalities as we would want them to treat our own.
Dave, Dusseldorf,
It might be relevant to ask them what exactly they were doing in Pakistan. There are certain duties that come with being a UK citizen, and one of them is not to train for activities against the UK. Of course they may be completely innocent and perhaps were visiting relatives or choosing a bride to bring back to the UK. If that's the case, we do owe them compensation. It all depends on what the security services knew at the time.
Colin, shrewsbury,
How anyone can justify holding people in Jail for years without trial, whatever they may or may not have done is beyond me. As an Englishman I thought the british had a great sense of Justice. I have ALMOST no doubt that these people are evil at the very least. But as long as we emprison people without a fair trial for years and years they are certainly not going to be saints when they are released ! Doesn't treating people like this go some way to making us a bit like them ? Revenge and retribution can only aggrevate a situation - just look at the Middle East
Anthony Eden, Ollon, Switzerland
Dear Patricia in Oslo I am very well aware of the issues involved and tou have too presumptous in your opinion of what my knowledge and thoughts may be on this subject.
I am a firm believer in human rights and in a strong and independent judiciary. I am also aware of the unlawful nature of being held without trial on the basis of no evidencve whatsover and being tortured for your innocence.
My comment was a tongue in cheek remark and applies to all those responsible for illegal detentions and was really a metaphor for openess and accountability before an independent and lawfully constituted court or tribunal .
Rodney Barker, Gainsborough, England UK
Are they the victims of injustice? Or are they the victims of their own foolish and wicked designs in going to the region to fight, or support the fight, against our own country?
Pete, London,
Two fo the Tipton three have confessed (since returning to the UK) to having attended terror camps in Afghanistan. They should keep their heads down and be glad to be free at all.
Peter, London, England
Will the victims and relatives of those that died on 7/7 be able to sue as surely the government was complicit in the act by allowing terror sympathisers and agitators to stay in this country and aid the bombers? Of course not, the human rights laws only help the guilty, victims of such acts never get a penny!
Lucy Cavendish, Liverpool, Merseyside
Even with little reguard for the case and cause of these people we should hope this case comes to court.
What Blair and his puppets did in misleading us and Parliment needs examination.Court cases like this have a way of exposing inconvenient truths and it''s the nearest we are going to get to a worthwhile enquiry anytime soon.
robert everitt, wolverhampton,
So tell us Bill & Krishnan - what human rights legislation exists in Australia? How much compensation have you paid to David Hicks say?
We (the poor masses in the UK who work 60 hours a week, pay our taxes, look after our children and drive at the speed limit) are heartily sick to death of funding and supporting others who seem to regard holidaying in a terrorrist training camp as a perfectly reasonable past time - this is particularly the case when the individuals concerned aren't even British.
If you like these people so much then let them go and live in your country - and you can pay the bills.
Michael, Berkhamsted,
I agree with all measures against terrorists. especially those that make the effort to fly out to a foreign country to kill our armed forces or other people.
What are they doing in the UK !
GET RID OF THEM!
Andy, London,
Barry Holmes, New Zealand and Rodney Baker, Gainsborough UK: You both miss the point of the article. Race and Nationality are not the issue, but whether the British Authorities acted illegally and their culpability over the process in handing over these people over to the Americans and extraordinary rendition and finally ending up in Guantanamo Bay. If you are sill unaware of the issues surrounding extraordinary rendition and Guantanamo Bay, I suggest you look it up.
You guys (and anyone else of the same views) ought to be a shamed of yourselves and should instead be glad that there is still today in Europe (and I assume New Zealand) an independent judicial system enabling any individual the ability to have an act of wrongful doing tried by an independent court. As far as I'm aware complicity in torture and abuse is by International Law and National law (and here I leave US law out of it) still illegal.
Krishan, Sydney. Well said.
Patricia
Oslo
Patricia Svendsen, OSLO, Norway
it is sad to see wayne and barry support torture. to these people, it is ok to torture people with brown faces but god help those who do it to white people.
Connor, Thorpe, UK
Perhaps these people should be compensated, but only at a level consistent with the compensation awarded (where it has been awarded!) to the victims of the 7/7 bombings. Is sitting in the sun in an orange boiler suit worth more than the 'abuse and torture' of lost eyesight, a lost limb, a murdered parent? No. Could one of these Gauntanamo internees look a 7/7 victim in the eye and tell them they are worth more than them? I expect they could.
I've no doubt these people will be awarded millions. Perhaps they will consider donating their awards to the 7/7 victims.
Steve, Torrington,
All three are so obviously guilty its a joke!
Lets hope that britain doesnt behave politically correct as usual and let it go to court.They dont deserve a penny,they are terrorists and don't even deserve the free rights that Britain stands for.Inrecent years Britain seems to have become scared of these type of people and give them all that they ask for.If they dont want to assimilate,then they must go back to where they came from.
Rachel patel, Cape town, south Africa
I want to see them in the dock and state why they, as muslims were in Afghanistan when a war just happened to break out between Great Britain and the Taliban.
I'd also like to see them sue me when I state my opinion that they were looking to fight for with the Taliban against the British and that they're traitors and should never have been released from Gitmo.
Phill, Cheshire, England
The hearings against MI5 and MI6 will, of course, be in full open court won' they?
Rodney Barker, Gainsborough, England UK
Get rid of them out of the country fast, as said three
are not British and probably the others are not British born. If it goes to the courts no doubt about it the Law Lords will be dribbling with anticipation to hand out big
pay outs. Good to see the American courts tossed it out.
Barry Holmes, Christchurch, New Zealand
All three hypocrites should leave the UK and live in a country their heart desires .
wayne, huntingdon, cambridgeshire
Nice one, Krishan.
Bill, Sydney, Australia
@ Callan, Liverpool
You're right in a sense. But what about the injustice that these poor blokes have been through? They deserve something at the very least. If there's anything we taxpayers can do, its give this farce of a goverment the red card with our vote.
Imaad, Bradford, UK
That's right Callan, if you get abused and tortured you should remember the jolly ol' taxpayers and keep your ol' mouth shut.
Krishan, Sydney, Australia
Three of these people don't even have British passports (I won't say the others are "British") so why are they here at all?
David Bannen, Oxford, UK
Another jolly pay day for the never satisfied, avaricious 'human rights' lawyers. And the taxpayer picks up the bill as usual.
Callan, Liverpool, England