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Detainee Offered Freedom for Silence on Torture
NEW YORK - A British court ruled Monday that U.S. authorities had asked a Guantanamo Bay detainee to drop allegations of torture in exchange for his freedom.
A ruling by two British High Court judges said the U.S. offered Binyam Mohamed a plea bargain deal in October. Mohamed refused the deal and the U.S. dropped all charges against him later last year.
Mohamed is an Ethiopian who moved to Britain when he was a teenager. He was arrested in Pakistan in 2002 and claims he was tortured both there and in Morocco. He was transferred to Guantanamo in 2004. He was finally returned to Britain in late February 2009, with no charges against him.
He is suing the British government, charging that its intelligence services were complicit with the U.S. Central Intelligence Agency in facilitating his "extraordinary rendition" and torture while in custody.
The court said the plea bargain also asked Mohamed to plead guilty to two charges and agree not to speak publicly about his ordeal.
Zachary Katznelson, legal director of Reprieve, a legal action charity that has represented Mohamed for four years, told IPS, "In Binyam Mohamed's case, the United States clearly prized secrecy over justice. It simply did not want the truth to get out."
He added, "That has nothing to do with national security, but everything to do with the potential for national embarrassment. If we are to truly combat terrorism, we must use the tools of democracy - openness, fairness, justice - not abandon them, then desperately try to cover up our wrongs."
In their ruling Monday, the British judges revealed how the U.S. government tried to get Mohamed to sign an agreement stating that he had never been tortured, to promise not to speak with the media upon his release, and to plead guilty as a condition of his release back to Britain - all without his lawyers being allowed access to evidence that would help prove his innocence.
This annex of the British ruling was previously kept confidential by the British court because of the U.S. military commission rules, which forbade making the materials public.
The British judges said the U.S. military also wanted Mohamed to assign any rights he might have to compensation to the U.S. government. They insisted that he accept a minimum sentence of 10 years - despite the fact that the U.S. military had not told him what the charges were to be.
Mohamed was also required to waive any claim he might have to seeing any exculpatory evidence identified by the British judges. "If Mr. Mohamed was to ask to see this exculpatory evidence, the ‘deal' would be off," a Reprieve spokesperson said.
"The facts revealed reflect the way the U.S. government has consistently tried to cover up the truth of Binyam Mohamed's torture," said Reprieve Director Clive Stafford Smith. "He was being told he would never leave Guantánamo Bay unless he promised never to discuss his torture, and never sue either the Americans or the British to force disclosure of his mistreatment."
During his time in Guantánamo Bay, the U.S. military tried to prosecute him through the military commissions, which were characterised by the British former Lord Justice Johan Steyn as "kangaroo courts."
Reprieve said, "This proposal discussed by the British courts was made by the U.S. military at a time when he was not charged with anything. It also came after a long history of efforts to make Mohamed plead guilty to crimes he insisted that he did not commit."
"He had always been willing to enter a plea of 'no contest' - which essentially means you deny your guilt, but enter a plea because you recognise it is the only way to resolve the case - on the condition that he would be sentenced to time served, and immediately released back to Britain." By early 2009, Reprieve charges, "The U.S. military was still trying to get Mohamed to plead guilty to something - anything - in order to save face. The final ‘offer' was that this man, originally alleged to be a most dangerous terrorist, should plead guilty and receive a sentence of only ten days in prison, less than one might expect for many driving offences. Mohamed rejected this offer, as he continued to insist that he was not guilty." "Offering a man who is protesting his innocence freedom on the condition that he pleads guilty to something and serves a 10-day sentence is face-saving on an horrific scale," said Reprieve Executive Director Clare Algar. The case has caused a furor in Britain and a problem for the U.S. State Department. Britain's High Court refused to release seven paragraphs that the court had redacted in an earlier opinion, saying that the redacted material lent credence to the torture allegations by Mohamed. The court said it reached its decision because of what it called a threat from the U.S. to reconsider sharing intelligence with the British.
But, in a highly unusual criticism, the High Court expressed dismay that a democracy "governed by the rule of law" would seek to suppress evidence "relevant to allegations of torture and cruel, inhuman or degrading treatment, politically embarrassing though it might be."
The court said the George W. Bush administration had made the threat in a letter to the Foreign Office last September. It called on the Barack Obama administration to reverse that position.
British Foreign Secretary David Miliband has denied that there was any threat from the U.S.
After Mohamed was captured, then-Attorney General John Ashcroft said that he had been complicit with Jose Padilla in a plan to detonate a "dirty bomb" in the United States. Padilla was never charged with this plot, but was convicted on other terrorism-related charges by a federal court in 2007. Last year, the Justice Department said it was dropping the dirty-bomb charges against Mohamed, and last October all charges against him were dropped.
Mohamed is currently appealing a separate U.S. case, on behalf of himself and four other terror suspects. In that case, government lawyers from the Obama administration sought a decision not to reinstate a case that was thrown out by a lower court last year because government lawyers argued successfully that allowing the case to go forward would jeopardise U.S. national security.
In opposing reinstatement of the case, Obama's lawyers used the same "state secrets" privilege used by Bush lawyers in the original case. The appeals court has not yet ruled in the case, which charges that a subsidiary of the Boeing Company, Jeppesen Dataplan, knowingly provided aircraft and logistical services to facilitate the Central Intelligence Agency's rendition of Mohamed to overseas prisons.
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8 Comments so far
Show AllHow ham-fisted the bush White House really was. Absolutely blackmailing people! "We'll give you your freedom as long as you don't say anything negative about us!" The actual mentality of thugs! Unreal! From where I sit, thugs belong in prison-not in office.
-But, in a highly unusual criticism, the High Court expressed dismay that a democracy "governed by the rule of law…"
Help me out, what nation are they referring to here? Isn’t “lawyer” John Yoo: “it’s not torture, if the victim doesn’t undergo organ failure” still an esteemed officer of the US bar?
Meanwhile, it is funny how, in democracies, the Obama/Bush, dismiss the case because we say so argument, doesn’t wash.
In this case, but not all cases, we see a glaring example of Obama == Bush. Sorry there is no way around it.
"Britain's High Court refused to release seven paragraphs that the court had redacted .... The court said it reached its decision because of what it called a threat from the U.S. to reconsider sharing intelligence with the British."
Funny, this one poor guy stood up to the attempted coersion and torture from the USA...but the British High Court caves in immediately....what a bunch of pansies.
"The only means of strengthening one's intellect is to make up one's mind about nothing, to let the mind be a thoroughfare for all thoughts." - John Keats
Wow, that is a real suprise there folks, The British AND the Americans are corrupt?
One of my ancestors signed the 1867 Medicine Lodge Creek Treaty, and the USA has not complied with it----143 years later----would anyone like to make bet on when they will?
And to think, there just may be some Americans out there that find this actually surprising.
Good Luck America, you really need it.
I don't know what angers me more, after the fact that he was tortured in the first place, that the US under Obama, promising change, still uses the Bush arguments to keep secrets that only embarrass the US, or the fact that no major media in the US will pick this up.
I know this story doesn't register with loyal Dems, but how do they escape daily disgust that Obama continues to foster the crimes of the Bush administration?
How do they still claim hope as Obama abets torture?
-TIA
Y'know what this sounds like to me?
"Don't tell anyone I raped you, or I'll kill you!"
Hey, Americans, it's a "Party at ground zero, a "B" movie starring you! And the world will turn to flowing pink vapor stew. Whack-a-doo, whack-a-doo, whack-a-doo!"