British judges charged that security services colluded in the unlawful detention and facilitated the interrogation of a UK resident detained in Pakistan six years ago. The high court ordered the foreign secretary to hand over to Binyan Mohamed’s legal team secret information that could support his case that he was tortured in Pakistan and Morocco before being sent to Guantanamo Bay prison. Lord Justice Thomas and Mr. Justice Lloyd Jones said the British security service “facilitated interviews by or on behalf of the United States incommunicado and without access to a lawyer in Pakistan” in 2002. The detention was unlawful under Pakistani law. The court noted “without that information BM(Mohamed) will not be able to put forward a defence to the very serious charges he faces, given the confessions made by him in Bagram and Guantanamo Bay in 2004.”
Perhaps, the long nightmare of Bush denial of fundamental rights to an accused person is finally drawing to an end. As the judges noted, “it is a long standing principle of the common law that confessions obtained under torture or cruel, inhuman or degrading treatment cannot be used in evidence in trial.” It is time to put an end to government excuses they have unlimited power due to needs of “national security.” The most important national security is maintaining our historic rights as free people.