Security service officers have dubious record on torture, judge says

By Duncan Gardham, Security Correspondent Published: 1:46PM GMT twenty-six February 2010

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Lord Neuberger pronounced there was justification that the former Guantanamo Bay detainee Binyam Mohamed had been "mistreated" by US officials, and the Security Service had not been "frank" about their involvement.

He combined that the Security Service had misled the parliamentary Security and Intelligence Committee over their believe of the mistreatment, definition Government assurances on purported woe should be "distrusted".

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Lord Neuberger"s comments were contained in a newly expelled divide from a statute he and dual alternative judges done progressing this month that had systematic the recover of report about Mr Mohamed"s purported torture.

The divide had been deleted from the strange statute after an impasse from the Foreign Office"s barrister, Jonathan Sumption QC, who had argued that the "exceptionally damaging" comments were not formed on justification put prior to the court.

Lawyers behaving for Mr Mohamed appealed opposite the preference to remove the paragraph, and Lord Neuberger, motionless it should be published.

In the paragraph, Lord Neuberger said: "Some Security Services officials crop up to have a indeterminate jot down relating to tangible impasse and openness about any such involvement, with the indignity of Mr Mohamed when he was hold at the insistence of US officials."

He pronounced he had in mind in sold an MI5 officer, referred to usually as declare B, and added: "But it appears expected that there were others."

Lord Neuberger referred to assurances done to the Intelligence and Security Committee, that is since the pursuit over overseeing the security services, in that MI5 told MPs, "they operated a enlightenment that reputable human right and that coercive inquire techniques were visitor to the services ubiquitous ethics, methadology and training."

He said: "In this case, that does not appear to have been true."

The Master of the Rolls pronounced the Foreign Secretary acted in great conviction in perplexing to conceal report about the diagnosis of Mr Mohamed utilizing open seductiveness shield certificates presented to the court, but combined that the subject remained "whether any matter in the certificates on an issue connected with the diagnosis of Mr Mohamed can be relied on."

Lord Neuberger added: "Not usually is there a little reason for distrusting such a statement, since that it is formed on Security Services recommendation and information, since of previous, despite general, assurances in 2005 [to the ISC] but additionally the Security Services have an seductiveness in the termination of such material."

Alan Johnson, the Home Secretary, strike behind by criticising the court, observant he was "deeply disappointed" by their comments about MI5.

"The Government respects the right of the judges to reach their own visualisation but it is additionally right that, where we remonstrate with their conclusions, we contend so," he added.

"The UK"s security and comprehension services do superb work to keep us protected opposite a genuine and stability militant threat, and they do so underneath correct carry out and slip - by ministers, the Intelligence and Security Committee, the commissioners and, where necessary, the courts.

He pronounced a rapist review in to the actions of declare B and claims for polite indemnification should be authorised to run their march and should not be "undermined."

"We all reject any idea that the Security Services have a systemic complaint in with regard to human rights," Mr Johnson added.

"We unconditionally reject as well that they have any seductiveness in suppressing or self-denial report from ministers or the courts."

William Hague, the Shadow Foreign Secretary, pronounced it was "deeply unfortunate that a clouded cover has been expel over the Intelligence Services who work with British Governments to keep the nation protected and are a vicious line of defence" and called on the supervision to follow by on promises to tell the superintendence since to Security Service officers.

Parts of the divide had already been done open when Mr Sumption"s letter, that done extensive references to it, was leaked to the media.

Lord Judge, sitting to one side Lord Neuberger in a packaged Court of Appeal, explained the reasons for right away giving the go-ahead for the announcement of the strange paragraph, along with a somewhat edited version. He pronounced the probity indispensable to take the surprising move in box a "damaging parable might rise to the outcome that in this sold box a apportion of the Crown or warn behaving for him was someway available to meddle in the legal process."

He added: "That did not occur and it is vicious to the firmness of the administration department of probity that if any such myth might be receiving base it is eradicated."

Mr Mohamed, an Ethiopian who lived in Britain prior to he was arrested in Pakistan in 2002, was expelled from Guantanamo Bay last year.