The decision of the Foreign Secretary may be due to the embarrassing and possibly illegal contents of the previous instructions. Allegations published in The Guardian in June 2009 stated that written instructions issued in 2002, with the knowledge of Tony Blair, to MI5 and MI6 agents on the questioning of detainees in US custody in Afghanistan explicitly suggested turning a blind eye to torture and mistreatment. The Guardian said the 2002 instructions, although telling agents that they should not “be seen to condone” torture nor should they “engage in any activity yourself that involves inhumane or degrading treatment of prisoners,” but also instructed agents that they were under no obligation to intervene or prevent detainees from being mistreated: “Given that they are not within our custody or control, the law does not require you to intervene to prevent this.”69 According to the same report in The Guardian, the current guidance instructs MI5 officers never to return to question someone who reports having been tortured. Despite the Prime Minister’s undertaking in March 2009 the “consolidated” guidance had still not been published at this writing. After a delay of eight months, the government provided the Intelligence and Security Committee in late November 2009 with the current guidance; the Committee completed its review and sent its conclusions to Gordon Brown in early March 2010, saying publication was a “matter for the Prime Minister.”70 The government declined to publish the ISC report and the guidelines themselves. In February 2010 the parliamentary Joint Committee on Human Rights had renewed its call on the government to publish the guidance that was in effect at the time of alleged torture of UK citizens abroad.71 The new coalition government that came into office in May 2010 has yet to make its position known. Use of Torture Material as Intelligence The UK government’s approach to foreign torture intelligence is in direct contradiction with its stated commitment to the prevention and eradication of torture. It is a matter of official policy that UK authorities will accept and use intelligence coming from a third country even if http://www.publications.parliament.uk/pa/cm200809/cmselect/cmfaff/557/557.pdf (accessed September 22, 2009), para. 66. 69 “Tony Blair knew of secret policy on terror interrogations,” Ian Cobain, The Guardian, June 18, 2009, http://www.guardian.co.uk/politics/2009/jun/18/tony-blair-secret-torture-policy (accessed June 23, 2009). 70 Richard Norton-Taylor, “Government refuses to publish criticism of new guidelines on overseas torture,��� The Guardian, March 18, 2010, http://www.guardian.co.uk/world/2010/mar/18/overseas-torture-government-refuses-publish (accessed June 17, 2010) 71 Nina Lakhani, “MPs want to see interrogation guidance for security services,” The Independent, February 21, 2010, http://www.independent.co.uk/news/uk/home-news/mps-want-to-see-interrogation-guidance-for -security-services1905788.html (accessed February 24, 2010). 27 Human Rights Watch | June 2010