Glenn Greenwald tells us about an important turn of events in a lawsuit filed by Binyam Mohamed, a former Guantanamo detainee (emphasis is in original):
There is a vital development — a new ruling from the British High Court — in a story about which I’ve written many times before: the extraordinary joint British/U.S. effort to cover up the brutal torture which Binyam Mohamed suffered at the hands of the CIA while in Pakistan and while he was “rendered” by the U.S. to various countries. While Mohamed, a British resident, was in American custody, the CIA told British intelligence agents exactly what was done to him, and those British agents recorded what they were told in various memos. Last year, the British High Court ruled that Mohamed — who was then at Guantanamo — had the right to obtain those documents from the British intelligence service in order to prove that statements he made to the CIA were the by-product of coercion.
The High Court’s original ruling in Mohamed’s favor contained seven paragraphs which described the torture to which Mohamed was subjected. It has been previously reported that those paragraphs contain descriptions of abuse so brutal that not even our own American media could dispute that it constitutes “torture”:
The 25 lines edited out of the court papers contained details of how Mr Mohamed’s genitals were sliced with a scalpel and other torture methods so extreme that waterboarding, the controversial technique of simulated drowning, “is very far down the list of things they did,” the official said.
But before the decision was released, the Court decided to redact those seven paragraphs. And in February, 2009, it issued a new ruling explaining its reason to conceal those paragraphs: the Bush administration had issued what the Court called a “threat” that the U.S. would reduce or even eliminate intelligence-sharing with the British if those paragraphs were made public.
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In that February ruling, the High Court issued an angry denunciation of the U.S. for issuing these threats, but nonetheless concluded that the danger to British citizens compelled the Court to keep those paragraphs concealed[.]
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Throughout 2009, Mohamed’s lawyers, as well as various international newspapers, repeatedly petitioned the British High Court to re-visit its decision on the ground that the Obama administration had replaced the Bush administration, and surely the anti-torture Obama would never embrace or maintain the same threat. But, obviously in conjunction with British officials, the Obama administration took numerous steps to convey to the British High Court that they were indeed re-iterating the same Bush threats[.] …
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Until yesterday, all of that caused the British High Court to continue to conceal those paragraphs based on the insistence from the British Foreign Minister that the Obama administration was re-iterating the same threats made by the Bush administration. Yesterday, in a 38-page decision (.pdf), the Court reversed itself, and ruled that these paragraphs detailing Mohamed’s torture should be publicly disclosed. It did so by making clear that, in essence, it simply did not believe that the U.S. would meaningfully reduce intelligence sharing; understood the Obama statements to be made at the request of British officials as a meaning of justifying ongoing concealment; interpreted the Obama administration to say only that disclosure “could” lead to reductions in intelligence-sharing, not that it “would“; and, most of all, that there are vital public interests that outweigh the minimal risk that the U.S. would withhold evidence of a terrorist plot from Britain as punishment for disclosure[.]
[…]The Court, using [a] very revealing rationale, also rejected the British Government’s suggestion that it ought to leave the decision to American courts:
As a result, the British High Court — pending the results of one final appeal — will release to the world those seven paragraphs, detailing what the CIA itself told British intelligence agents was done to Binyam Mohamed.
That famous dry British humor can be devastating.
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