Judge: MI5 has dubious record over torture

ONE of the country's leading judges yesterday published strong criticism of the British Security Service over former Guantanamo Bay detainee Binyam Mohamed, despite government objections.

Lord Neuberger, the Master of the Rolls, said denials by the Security Service of knowing of any ill-treatment of US terrorism suspect detainees "does not seem to have been true" in Mr Mohamed's case.

His criticism was made public after an exceptionally unusual court decision to publish his draft legal opinion on MI5's respect for human rights.

The judge ruled the evidence showed "some Security Services officials appear to have a dubious record relating to actual involvement, and frankness about any such involvement, with the mistreatment of Mr Mohamed when he was held at the behest of US officials".

Mr Mohamed says he was tortured in Pakistan in 2002 with the knowledge of MI5.

The judge's remarks led to further calls for a full public inquiry into allegations that the UK has been complicit in torture.

Home Secretary Alan Johnson said: "I am deeply disappointed that the court has decided to criticise the Security Service in this way."

Foreign Secretary David Miliband asked the Court of Appeal to block a High Court decision to publish a seven-paragraph summary of what MI5 knew about his ill-treatment.

The summary showed MI5 was aware Mr Mohamed was being continuously deprived of sleep, threatened with "rendition" and being subjected to "significant mental stress and suffering".

Earlier this month, Lord Neuberger and two other top appeal judges – Lord Judge, the Lord Chief Justice, and Sir Anthony May, President of the Queen's Bench Division, rejected Mr Miliband's appeal against the summary becoming public knowledge.

A dispute erupted between the government and the court over a key paragraph in a draft version of Lord Neuberger's judgment. Jonathan Sumption, QC, representing the Foreign Secretary, said paragraph 168 went "well beyond" anything found by the High Court judges. As a result, the judge altered the paragraph – leading to accusations that he was "watering down" his ruling – and said he would further reconsider it.

Yesterday, he reverted to the original, with limited modifications, saying its findings were "fully supported" by evidence.

The Liberal Democrats' foreign affairs spokesman, Edward Davey, said: "The suggestion that there were others in the Security Services involved in unacceptable practices makes the need for a full judicial inquiry irrefutable."

The shadow foreign secretary, William Hague, said: "It is deeply regrettable that a cloud has been cast over the intelligence services who work with British governments to keep our country safe."

He added: "The Prime Minister promised a year ago to publish the guidance given to Security Service officials and to refer allegations of complicity in torture to the Attorney General. There has been a year of silence since then."

Gordon Brown strongly defended MI5. He said he had spoken to MI5 director-general Jonathan Evans to express his gratitude for the work the service did protecting the public.

He also said the government would shortly be publishing its revised guidelines for the intelligence agencies on the treatment of detainees held overseas.