See other Dead Constitution Articles
Title: UK residents lose Guantanamo case
Source:
BBC via Big News Network
URL Source: http://feeds.bignewsnetwork.com/red ... 6b1846458&cat=c08dd24cec417021
Published: May 4, 2006
Author: BBC
Post Date: 2006-05-04 14:58:07 by Zipporah
Keywords: None
Views: 2
Three UK residents held without trial at Guantanamo Bay have lost a legal challenge over the government's refusal to petition the US for their freedom. Bisher al-Rawi, Jamil el-Banna and Omar Deghayes wanted the High Court to rule the UK had an obligation to intervene. The Foreign Office argues it cannot help the men - detained for more than three years - as they are not British. But it is to make a "security-related request" on behalf of Mr al-Rawi, held at the US-run camp in Cuba since 2003. Lawyers for the 38-year-old Iraqi-born businessman, who has lived in the UK since 1985, had told the court he helped British intelligence in the past. The three men are believed to be among at least five UK residents at Guantanamo. Nine British nationals were released without charge from the camp in 2004 and 2005. 'Interference' The case was brought by the detainees' families - many of whom are UK citizens. Human rights lawyers said "compelling evidence" showed the men had been "severely tortured and suffered inhuman and degrading treatment". Gareth Peirce, solicitor for the families, said there would be an appeal as there were "strong arguments" on which to challenge the ruling, including under the Race Relations Act. "This is not an area where the government is entitled to discriminate and it has discriminated between nationals and residents," she said. Mr Deghayes' sister, Amani said it was a "bitter defeat". "The sheer injustice of holding Omar for years without even charging him with anything is unbelievable. I'm not looking for any special treatment for my brother - I just want his basic human rights to be respected," she said. Lord Justice Latham and Mr Justice Tugendhat rejected the application for a judicial review at a hearing on Thursday. The judges noted the UK government was pressing for the closure of the camp. In a written judgement, they said a formal request to the US regarding the men's case "would be an interference in the relationship between sovereign states which could only be justified if a clear duty in domestic or international law had been identified". 'Moral' case Mr al-Rawi and his friend Mr el-Banna, a Jordanian refugee in his late 30s who had been living in London, were arrested in November 2002 during a business trip to Gambia, on suspicion of having links to terrorism. Libyan-born Mr Deghayes, 37, of Brighton, has been held at Guantanamo for three years. He was arrested in Pakistan in 2002 and accused of committing terrorist acts against the US, but his lawyers claim it is a case of mistaken identity. Mr Deghayes, who has also been granted refugee status, fled Libya for the UK in the 1980s after his father was assassinated and has applied for British citizenship. Jackie Chase, spokeswoman for a campaign to secure the release of Mr Deghayes, said the ruling made "no legal or moral sense". "While Guantanamo is condemned in general terms, the British government is not compelled to protect British residents held there indefinitely, without trial or hope of justice," she said. "It has been well documented in the press that Mr al-Rawi had been co-operating with MI5. Is this the price of release from Guantanamo?" Amnesty International UK Director Kate Allen said the ruling was "extremely disappointing" and the government's reluctance to act on behalf of long-term residents of the UK was "shameful". The Foreign Office welcomed the ruling. A spokesman said the government was not able to provide consular assistance or diplomatic protection to people who are not British citizens. He said Mr al-Rawi and Mr Deghayes had each made specific representations to the Foreign Secretary and it was assessed there were grounds for the UK to act in the one case.
(6 images) 
While Guantanamo is condemned in general terms, the British government is not compelled to protect British residents held there indefinitely 
Save Omar campaign 
Post Comment Private Reply Ignore Thread