The limitations on the ISC’s mandate and the unwillingness of the government to submit
itself to effective parliamentary scrutiny, underscore the need for an independent, public
judicial inquiry into all cases in which there are allegations of British government complicity,
participation or knowledge of torture or cruel, inhuman or degrading treatment of detainees.
Two criminal investigations were initiated in 2009. The Conservative-Liberal Democrat
coalition government announced within weeks of taking power in May 2010 that it would
order such an inquiry.87
87
In March 2009, the Attorney General for England and Wales ordered a criminal investigation into alleged collusion by MI5
agents in the torture and ill-treatment of Binyam Mohamed. A UK resident with Ethiopian nationality, Mohamed was arrested
in Pakistan in 2002 and subsequently transferred first to Morocco, then to Afghanistan and finally to the US detention facility
at Guantanamo Bay. He claims that he was abused in all four places of detention. British intelligence officers interrogated
Mohamed while he was detained in Pakistan, and later gave the CIA information about Mohamed as well as questions to ask
him. Mohamed was released from Guantanamo and returned to the UK in early 2009. In September 2009, then Foreign
Secretary David Miliband revealed that the MI6 had referred one of its officers to the Attorney General in relation to
allegations of complicity in the torture of a non-British national. No further details of the case have been disclosed.
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Human Rights Watch | June 2010
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