Torture probe dismissed as ‘sham’

The Government has published the plans for the Detainee Inquiry – headed by retired barrister and judge Sir Peter Gibson – which will look at claims that security agencies colluded in mistreatment.

The inquiry protocols reveal that the heads of MI5 and MI6 will be asked to give evidence as the Government believe they should appear in public where possible.

However, the plans were immediately slammed by human rights activists as the final decision on whether sensitive intelligence material should be published, such as internal papers from MI5 or MI6, will rest with the Cabinet Office, rather than with the head of the inquiry, Sir Peter.

And, while the heads of the intelligence services will be asked to give evidence all other officers will be questioned behind closed doors.

Shami Chakrabarti, director of civil rights group Liberty, said: “When is an inquiry not an inquiry? When it’s a secret internal review.

“The use of torture by great democracies was the most shaming scandal of the war on terror. The new Government won wide praise for promising a public inquiry but as always the devil is in the detail.

“This disappointing announcement suggests ministers not independent judges will decide what the public is entitled to know. It is very hard to see the point of wasting public money on such a sham.”

The protocol stated the inquiry will “respect the understandings and commitments made or given by” the Government and its intelligence and security agencies to foreign governments against public disclosure.

The inquiry will examine “whether, and if so to what extent” the Government and the security and intelligence agencies were involved in or aware of “improper treatment, or rendition, of detainees held by other countries in counter terrorism operations overseas” in the aftermath of the September 11 terror attacks.

The primary focus will be the cases involving the detention at Guantanamo Bay of UK nationals and former lawful UK residents.

It will also look at the Government’s policy in response “to developing awareness of the changing practices of other countries towards detainees held in counter-terrorism operations” and report any lessons learned to the Prime Minister.

Louise Christian, solicitor to four of the British citizens who were detained at Guantanamo Bay, said: “The Government has called this ‘the detainee inquiry’ but the detainees will not be allowed to know what evidence is given by the security services about the agencies’ involvement in their torture and unlawful rendition.”

The proposed inquiry “will command no confidence on the part of those people or the public here and internationally”, she added.

David Cameron announced the inquiry a year ago after claims that former Guantanamo Bay detainee Binyam Mohamed was tortured with the knowledge of the British security services while held by the CIA in Pakistan.

A number of other former detainees have since brought legal action against the UK Government, claiming they were subjected to similar mistreatment with the knowledge of MI5 or MI6.

Allegations have also been made of UK involvement in the extra-judicial transfer, or rendition, of terror suspects between countries since the 9/11 attacks on the US.

Last November, Justice Secretary Kenneth Clarke said secret payouts to 16 former detainees held at Guantanamo Bay were necessary to enable the security services to concentrate on protecting Britain and pave the way for the inquiry.

Weeks of negotiations led to a settlement which will avoid the need for protracted legal battles that could have run up a bill of £50m over five years, Mr Clarke said.