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London: Lawyers for a Guantanamo Bay detainee appeared in court on Wednesday to demand secret documents that could prove their client was tortured - information that could stall his trial at the US prison camp.
Judges have ordered the government to disclose documents pertaining to Binyam Mohammad's detention, but gave the Foreign Office a week to decide whether they would comply with the order or appeal it. The British government has argued that the release of the documents could compromise national security.
Yesterday's arguments centred on which documents should be released, to whom and whether they should be censored or released in full. There was also an issue about which of Mohammad's lawyers would be allowed to see them.
Britain's High Court made the ruling August 21 in the case of Mohammad, a British resident, who was captured in Pakistan in April 2002 and accused of conspiring with Al Qaida leaders to attack civilians. His lawyers say the British government is withholding information about his treatment in US custody which is critical to his hope of receiving a fair trial.
The judges agreed, writing in their judgment that "the information held by the foreign secretary is not merely necessary, but essential, if Binyam Mohammad is to have his case fairly considered". Mohammad claims he was transferred illegally from Pakistan to Morocco after his arrest and alleges he was tortured during his 18 months in detention. Neither the United States nor Britain has disclosed any information about his time in custody until he arrived at Guantanamo Bay in 2004. His lawyers have argued any evidence the United States has for holding Mohammad came through "medieval" torture in Morocco.
According to Mohammad's account, obtained in 2006, torturers sliced his penis with a scalpel and threatened to sever his private parts. Mohammad claims he was beaten, deprived of sleep and given mind-altering drugs.
The crux of Mohammad's High Court case was that the British government knew of his detention but failed to ensure he was treated fairly. The court sided with Mohammad's attorneys and ruled he had a right to any information Britain might have on his case. The lawyers hope to prove Mohamad was detained and interrogated under conditions that constitute torture and would therefore not be admissible at his military war crimes trial in Guantanamo.
Prosecutors have prepared charges against Mohammad, but they must be approved by the US Defence Department.
The crux of Mohammad's High Court case was that the British government knew of his detention but failed to ensure he was treated fairly.
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