However Scotland Yard has decided that the allegations raised in two cases
referred to them by Dominic Grieve, the Attorney General, last December
concerning the alleged rendition of individuals to Libya and the alleged
ill-treatment of them in Libya were “so serious that it is in the public
interest for them to be investigated now rather than at the conclusion of
the detainee inquiry.”
The statement did not name the cases but they are thought to refer to Abdel
Hakim Belhadj and Abu Munthir al-Saadi, the leader and religious leader of
the Libyan Islamic Fighting Group, a terrorist organisation linked to
al-Qaeda.
The Daily Telegraph reported last year that MI6 received ministerial approval
arrange for their detention in the Far East and return to Libya in a
procedure called “judicial rendition” because it is considered within the
law.
The statement by Mr Starmer and Ms Owens said they would also consider
re-opening Operation Hinton into MI5 and Operation Iden into MI6 if further
evidence were to become available.
The first, begun in November 2008, looked at whether Binyam Mohamed, a British
resident originally from Ethiopia, had been tortured with British knowledge
after his arrest in Pakistan in 2002 or after he was in Morocco between July
2002 and early 2004 when he was transferred to Guantanamo Bay.
The statement by the Crown Prosecution Service and Scotland Yard, said Mr
Mohamed had “never alleged that any member of either the Security Service or
the Secret Intelligence Service was directly involved in the torture and
ill-treatment he alleges.”
They said the investigation had focused on whether there was sufficient
evidence to provide a realistic prospect of convicting any member of either
service for offences of aiding and abetting torture, aiding and abetting war
crimes and misconduct in public office.
It concluded that members of MI5 provided information to the US authorities
about Mr Mohamed and supplied questions for the US authorities to put to Mr
Mohamed while he was being detained, including at times when Mr Mohamed’s
precise whereabouts was not known to them.
But they said there was insufficient evidence to prove that any identifiable
individual had provided information to the US authorities at a time when
they knew, or ought to have known, that there was a serious risk that Mr
Mohamed would be tortured.
“Nothing in this decision should be read as concluding that the ill-treatment
alleged by Mr Mohamed did not take place or that it was lawful,” the
statement added.
The second inquiry, into MI6, began in June 2009 into an incident involving a
detainee at the US-run Bagram prison in Afghanistan, after it was referred
to them by the chief of MI6, Sir John Sawers.
Despite “strenuous efforts” Scotland Yard detectives have been unable to gain
access to the prisoner or take the prisoner’s account of events, the
statement said.
They also said they had been unable to identify potential eye-witnesses to the
incident, who, the statement says, are “not British officials”.
“Although not necessarily fatal to any prosecution, this inevitably gives rise
to very real difficulties in prosecuting,” the statement said.
Sources have told the Daily Telegraph that the prisoner was allegedly
mistreated by US interrogators and that the MI6 officer reported the
incident to his superiors.
“A full account of his actions has been given by the member of the Secret
Intelligence Service in question and such evidence as the investigating team
have been able to obtain from other sources and individuals is not capable
of contradicting this account to the criminal standard,” the statement
added.
The CPS and Metropolitan Police also announced a joint panel, including Mr
Starmer and Cressida Dick, head of the special operations directorate at
Scotland Yard, who will examine whether to launch further investigations.
It has decided to go ahead with the Libyan investigation and will consider
other allegations of ill treatment made to the police in relation to other
named individuals detained in similar circumstances “in due course.”
Mr Belhadj, who is now a leader in the Libyan National Transitional Council,
was arrested in Malaysia after a tip-off by the British in 2004.
MI6 officers tape recorded an interview with Mr Belhadj after he had been
imprisoned in Tripoli in which he told them he had not been tortured,
sources said.
Mr al-Saadi was detained for immigration violations in Hong Kong with his wife
and children after a similar tip-off and also sent back to Libya.
Sir John Sawers, the chief of MI6, said: “I am glad that the outcome allows
the courageous individual at the centre of the investigation to continue his
work in support of national security.
“He has dedicated his life to public service and I have full confidence in
him.”
Sir John said they would cooperate fully with the police on the Libyan
investigation and added: “It is in the service’s interest to deal with the
allegations being made as swiftly as possible so we can draw a line under
them and focus on the crucial work we now face in the future.”
Nick Clegg, the Deputy Prime Minister, said: “This Government condemns torture
and inhumane treatment.
“We will never support it, we won’t ask other people to do it on our behalf.
“The CPS has now said that it will not be pursuing criminal charges in two
cases which have been under investigation, but that there are further cases
which require more investigation.
“The Government and the security services will give complete and full
cooperation to those investigations so that the police can get to the bottom
of them as well.”
The decision comes almost exactly ten years after the opening of the
Guantanamo Bay prison camp.
The government has paid out £14m to 16 Guantanamo detainees, including Shaker
Aamer, who is still in the US military prison.
The payments were made because MI5 and MI6 felt secret intelligence would be
made public in court and resources were being diverted from saving lives.
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