Supreme court bans use of secret evidence to hide torture claims

posted on July 14, 2011 | in Category International | PermaLink

by Owen Bowcott, legal affairs correspondent Source: The Guardian UK URL: [link] Date: July 13, 2011 Intelligence services tried to exploit 'closed material procedures' to conceal evidence relating to Guantánamo detainees

[PHOTO: Binyam Mohamed and Jamil el-Banna, two of the former Guantánamo Bay detainees at the centre of the secret evidence case.] The supreme court has outlawed the use of secret evidence in court by the intelligence services to conceal allegations that detainees were tortured. The decision will be seen as a significant victory for open justice, but the panel of nine judges pointed out that parliament could change the law to permit such "closed material procedures" in future. The appeal was brought by lawyers for MI5 seeking to overturn an earlier appeal court ruling that prevented the service from suppressing accusations British suspects had been ill-treated at Guantánamo Bay and other foreign holding centres. The case arose originally out of claims by Bisher al-Rawi, Binyam Mohamed, Jamil el-Banna, Richard Belmar, Omar Deghayes and Martin Mubanga that MI5 and MI6 aided and abetted their unlawful imprisonment and extraordinary rendition.

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