The High Court agreed to re-open the case last week after lawyers for Mr Mohamed argued that it was unclear if the new government maintained the position of the Bush administration. However, a letter from the US government, marked the "Obama administration's communication," has been filed with the High Court by the Foreign Office which is continuing to fight to keep details of Mohamed's treatment secret. Details of the US agency involved and the author of the letter have been blanked out but it makes clear that officials inside Barack Obama's security apparatus are no more happy than their predecessors to have the information released. Mr Mohamed claims he was tortured into confessing to planning a bombing campaign on high-rise buildings in the US and that MI5 was complicit in his mistreatment in Pakistan, Morocco and Afghanistan by feeding questions to the CIA. The Metropolitan Police are currently investigating whether there is sufficient evidence to bring charges against British security officials. In the letter, leaked to the Washington Times, the US administration says: "If it is determined that [Her Majesty's Government] is unable to protect information we provide to it, even if that inability is caused by your judicial system, we will necessarily have to review with the greatest care the sensitivity of information we can provide in the future." Referring to President Obama's decision to release four memos laying out the previous administration's legal justification for the CIA's "enhanced interrogation program," the memo adds: "Neither in [those four] memoranda, nor in any statements of the administration accompanying their release, was reference made to the identity of any foreign government that might have assisted the United States. "Given the declassification of the highly sensitive information contained in the memoranda, the fact that the president refrained from providing any information about foreign governments is indicative that the United States continues to preserve the secrecy of such information as critical to our national security." Although Mr Mohamed's lawyers have been allowed to see the seven paragraph summary of Mr Mohamed's treatment, it has been kept from the British public. "The seven paragraphs at issue are based upon classified information shared between our countries," the US letter said. "Public disclosure of this information, reasonably could be expected to cause serious damage to the United Kingdom's national security. "Specifically, disclosure of this information may result in a constriction of the U.S.-U.K. relationship, as well as U.K. relationships with other countries." The Foreign Office said it did not plan to "second guess" the decision of the High Court but a spokesman added: "The Foreign Secretary has previously raised this case with [Hilary Clinton, US Secretary of State]. Secretary Clinton made it clear that the position of the US Administration on the disclosure of US intelligence material has not changed." The spokesman denied that the US had "threatened to break off" intelligence co-operation, but added that the US had made clear that the disclosure "could likely result in serious damage to UK and US national security." Last month, Mr. Obama said at a press conference that state privilege should be modified and that it was "overly broad" but he added: "We've got to respond to the immediate case in front of us." Clive Stafford Smith, of the legal charity Reprieve, which represents Mr Mohamed, said: "What they are doing is twisting the arm of the British to keep evidence of torture committed by American officials secret." Mr Stafford Smith, a US citizen who lives in Britain, added: "I had high hopes for the Obama administration. I voted for the guy, and one hopes the new administration would not continue to cover up evidence of criminal activity."US government renews threat to withdraw intelligence sharing
The Obama administration has threatened to restrict intelligence sharing arrangements with Britain if a court publishes details of the treatment of Binyam Mohamed, the former Guantanamo Bay inmate.
Friday, 15 May 2009
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