The families of three British residents held by the US at Guantanamo Bay have lost the latest round in their battle to force the Government to demand their release.

The Court of Appeal this morning rejected arguments that the men, who have indefinite leave to remain in Britain, should be treated as UK citizens even though they are foreign nationals.

British citizens detained at the prison camp were returned to the UK after a formal request by the Foreign Office, but the Government refused to intervene on the behalf of Bisher Al Rawi, Jamil el-Banna and Omar Deghayes, despite evidence they had been tortured, on the grounds that foreign nationals did not merit the same protection as British citizens.

The families took their case to the Court of Appeal after losing in the High Court last year.

Rabinder Singh, QC, acting for the families, who are British citizens, told the court that the Government’s continuing inaction was a breach if the families’ human rights and contrary to the Race Relations Act.

He said that the US had indicated it would not reject a request for the mens’ release and the sole obstacle was over security arrangements that would have to be put in place.

Dismissing all three appeals, Lord Justice Laws said that the Government had not discriminated against the detainees under either human rights or race relations laws. He also rejected the families’ argument that their human rights were being infringed because of their separation from their husbands and fathers.

Nicola Duckworth, Europe and Central Asia director at Amnesty International, criticised the ruling. "The Court of Appeal has missed an opportunity to send a clear message to the UK Government that it must fulfil its responsibilities towards all Guantanamo detainees, regardless of whether they are citizens or residents," he said.

"The failure of the authorities to make representations on behalf of all UK residents held at Guantanamo Bay is inconsistent with the strong condemnation by a number of Government members of the detention centre for its human rights abuses."

Mr Al Rawi is an Iraqi national but has been resident in the UK for many years; Mr el-Banna, a Jordanian national, and Mr Deghayes, a Libyan national, have been granted refugee status.

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