Judges restore paragraph on MI5 to the Binyam Mohamed ruling

On 10 February, the judges of the Court of Appeal have authorized the publication of a short summary, prepared by two High Court judges, explaining how US agents had subjected the British resident Binyam Mohamed to what was described as “at the very least cruel, inhuman and degrading treatment,” and had provided this information to their British counterparts.

However, a a paragraph in the ruling, written by Lord Neuberger, the Master of the Rolls, had been removed at Sumption QC’s request, acting for the government. The paragraph in question was severely critical of the trustworthiness of the Security Services, and Sumption was concerned that it was “likely to receive more public attention than any other parts of the judgments.”

In a ruling of 26 February, the judges restored the paragraph, although specifying that the government was perfectly entitled to ask for changes to be made to what was, at the time, a draft judgment.

Full text of the amended ruling can be found here.

2 Responses

  1. […] most notable recent example is the Binyam Mohamed case, where the Court of Appeal heavily criticised the security services. Similar issues in relation to […]

  2. […] February, the England and Wales Court of Appeal ruled that the government must disclose several paragraphs detailing the allegations of Mohamed’s […]

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