Thursday, February 11, 2010

Rule (Brittania) Of Law

Obama has quite a lot to learn about justice from our neighbors across the pond.
MI5 faced an unprecedented and damaging crisis tonight after one of the country's most senior judges found that the Security Service had failed to respect human rights, deliberately misled parliament, and had a "culture of suppression" that undermined government assurances about its conduct.

The condemnation, by Lord Neuberger, the master of the rolls, was drafted shortly before the foreign secretary, David Miliband, lost his long legal battle to suppress a seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed.

Amid mounting calls for an independent inquiry into the affair, three of the country's most senior judges – Lord Judge, the lord chief justice, Sir Anthony May, president of the Queen's Bench Division, and Lord Neuberger – disclosed evidence of MI5's complicity in Mohamed's torture and unlawful interrogation by the US.

So severe were Neuberger's criticisms of MI5 that the government's leading lawyer in the case, Jonathan Sumption QC, privately wrote to the court asking him to reconsider his draft judgment before it was handed down.
And as disturbing and terrible as that is, the real revelation is what the Mohamed case says about the CIA.
The court's final ruling forced the Foreign Office to publish a seven-paragraph summary of 42 classified CIA documents that were handed to MI5 before Witness B travelled to Pakistan to interrogate Mohamed. These show that MI5 was aware that Mohamed was being continuously deprived of sleep, threatened with rendition and subjected to previous interrogations that were causing him "significant mental stress and suffering". If administered in the UK, the summary says, it would clearly be in breach of undertakings about interrogation techniques made by the British government in 1972.

The three judges referred to a recent case in a US court where the judge found Mohamed's claims about how he was tortured to be truthful. This vindicated his assertion that "UK authorities had been involved in and facilitated the ill-treatment and torture to which he was subjected while under the control of the USA authorities".
In other words, what the US did to Mohamed when he was in CIA custody violated British law.   It violated British law because it was torture.

Note to Eric Holder and Barack Obama:  this is what your findings should have looked like.  Britain had the courage to look into this abyss.  You do not.  Now the American people should demand answers and make you do so.

We tortured people.  Period.

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