UK finally hands over secret files in torture case

But a senior judge has condemned the UK authorities for fighting a long and expensive legal battle – until now – to avoid disclosing the documents to the legal team acting for Shaker Aamer.

Lord Justice Sullivan, sitting with Mr Justice Lloyd Jones at London's High Court yesterday, said: "The wasted time and money has just been enormous, it seems to us."

Mr Aamer, 42, alleges British intelligence officers were present on at least two occasions when he suffered torture in US custody but did not assist him.

Born in Saudi Arabia, he is a permanent UK resident, married to a British national who lives with their four children in London.

He has been detained by the US authorities as a terror suspect for over seven years, but never been charged with any offence.

The Guantanamo detainee review task force set up by US President Barack Obama is shortly to decide whether Mr Aamer should be released.

The UK Government sent the secret documents in dispute to the task force review panel, but Foreign Secretary David Miliband refused to allow the US authorities to show them to Mr Aamer's security-cleared legal team.

Government lawyers argued in court it was not necessary. They contended that, on principle, it was fundamental to the UK national interest that the intelligence and security services were free to operate without fear of having to disclose secret material.

There was no reason to suppose the US task force would not give the information adequate consideration, they said.

Alternatively, Mr Aamer could take legal action in the US in order to see it.

But Mr Aamer's UK lawyers said it was essential their US counterparts see the documents as they were believed to show that any confessions he had made were tainted by torture and ill treatment.

The UK government was legally obliged to assist in disclosure as British documents and British agents were mixed up in the torture allegations.

The Government launched its High Court battle to block disclosure last October. In December, Lord Justice Sullivan and Mr Justice Lloyd Jones ruled Mr Aamer's lawyers were entitled to see the evidence.

The Government indicated it was prepared to continue the legal battle by issuing a public interest immunity certificate (PII) in a final bid to block disclosure. But the judges yesterday were told the UK had given the US authorities permission to hand over censored versions of the documents, and disclosure had happened earlier this week.

Lord Justice Sullivan said the Government's sudden change of heart was very welcome and "clearly the most sensible solution".

But he strongly condemned the manner in which disclosure had been opposed and apparently "obstructed" since last October.

The judge said the Government had "taken the matter up to the wire – only making concessions that were absolutely necessary".

He was also scathing over the Government's legal stance.

He said: "I don't think one has to be a genius to be able to work out it was going to be essential that the material didn't just go to the (US review) panel, but also went to the US lawyers who were going to be making representations to the panel."

The judge added: "I am afraid the manner in which this matter has developed is most unfortunate."

Lawyers for Mr Aamer say he has been detained at Guantanamo Bay, Cuba, since February 2002, and prior to that was held at Bagram airport in Afghanistan following his capture by Afghan villagers in December 2001.

At Bagram he was subjected to torture during interrogations, the judges were told. On one occasion this involved "having his head repeatedly banged so hard against a wall that it bounced".