Abdel Hakim Belhaj: justice barred for Libyan dissident, say lawyers

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http://www.theguardian.com/global/2013/oct/23/abdel-hakim-belhaj-justice-llibyan-dissident

UK effort to reject case of Libyan and wife, seized with MI6 help then abused by Gaddafi agents, called political expediency

Britain’s intelligence agencies want to prevent a leading Libyan dissident and his pregnant wife, who were abducted with the help of MI6 and then tortured, from seeking justice because of “political embarrassment”, the high court heard on Wednesday.

Court documents released on behalf of Abdel Hakim Belhaj and his Moroccan-born wife, Fatima Bouchar, say the government’s attempt to get the case thrown out is “incompatible with the rule of law and has grave constitutional implications”.

The documents say that if the government were right, it would “leave anyone who is a victim of torture without any remedy if another state was involved in some way in the conduct”.

Lawyers acting for MI6, a former senior MI6 officer, Sir Mark Allen, the former foreign secretary Jack Straw, and MI5, argue that since the abduction took place abroad and involved officials from other countries, they had no case to answer in a British court.

However, Richard Hermer QC, Belhaj’s counsel, said the traditional doctrine of state immunity from prosecution did not cover torture and other human rights abuses. He told Mr Justice Simon the government was deploying a “doctrine of political embarrassment”.

Continue ReadingAbdel Hakim Belhaj: justice barred for Libyan dissident, say lawyers

UK politics news review

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  • A Step Towards the Dock

    The offence is known by two names in international law: the crime of aggression and a crime against peace. It is defined by the Nuremberg Principles as the “planning, preparation, initiation or waging of a war of aggression”(2). This means a war fought for a purpose other than self-defence: in other words outwith articles 33 and 51 of the UN Charter(3).

    That the invasion of Iraq falls into this category looks indisputable. Blair’s cabinet ministers knew it, and told him so. His Attorney-General warned that there were just three ways in which it could be legally justified: “self-defence, humanitarian intervention, or UN Security Council authorisation. The first and second could not be the base in this case.”(4) Blair tried and failed to obtain the third.

    His foreign secretary, Jack Straw, told Blair that for the war to be legal, “i) There must be an armed attack upon a State or such an attack must be imminent; ii) The use of force must be necessary and other means to reverse/avert the attack must be unavailable; iii) The acts in self-defence must be proportionate and strictly confined to the object of stopping the attack.”(5) None of these conditions were met. The Cabinet Office told him “A legal justification for invasion would be needed. Subject to Law Officers’ advice, none currently exists.”(6)

    Without legal justification, the attack on Iraq was an act of mass murder. It caused the deaths of between 100,000 and a million people, and ranks among the greatest crimes the world has ever seen. That Blair and his ministers still saunter among us, gathering money wherever they go, is a withering indictment of a one-sided system of international justice: a system whose hypocrisies Tutu has exposed.

  • Law criminalising squatting to be challenged in court by cottage dweller

    A woman who has lived in an abandoned Welsh hillside cottage for 11 years is to challenge legislation that criminalises squatting.

    Irene Gardiner, 49, raised her family in the 500-year-old timber and stone house at Newchapel, near Llanidloes, Powys.

    Backed by lawyers in London, Gardiner is bringing a test case against the police and Crown Prosecution Service seeking assurances she will not be thrown out of the home she has inhabited since 2001.

    Her cottage, which has no electricity or running water, has been occupied by squatters for several decades.

    Gardiner’s case is supported by the law firm Leigh Day & Co. The claim, to be lodged in the high court in London next week, alleges prosecution would breach her rights to personal and family life under Article 8 of the European Convention of Human Rights.

    Ugo Hayter, of Leigh Day & Co, said: “This legislation will have impacts on the most vulnerable people in society, and will be a further burden on already strained public services.”

    She added: “There is existing criminal and civil law which enables property owners to swiftly evict squatters.

    “Homeowners will derive no further protection from this new legislation. It will simply criminalise the homeless.”

  • Crackdown on squatters ‘will put people on streets’

     New squatting laws have sparked fears of a rise in homelessness across Manchester.

    From today, squatting in a residential building becomes illegal – meaning anyone doing it could be jailed or fined.

    Ministers say the move will protect homeowners – and ‘slam shut the door on squatters’.

    But campaigners have told the M.E.N. most squatters are genuinely homeless and will now be left on the streets.

    They argue it is better to use an empty house rather than let it fall into disrepair.

    Currently squatting is initially treated as a civil matter, meaning homeowners must go to court to prove trespass first.

    In future, police will be able to arrest squatters on the spot. They will then face six months in jail and a £5,000 fine.

    But one 38-year-old man, who has lived in squats all over the city for more than 20 years, said: “Everybody doing it is homeless. They don’t live in a flat or anything – they just get their head down wherever they can. We’re going to get more people on the streets, definitely, but at the end of the day people are not going to stop doing it.”

    [edit: Uk prime minister David Cameron is also altering his cabinet today. Small changes are expected.]
Continue ReadingUK politics news review

Yet more confirmation that Tony Blair is a lying, divorced-from-reality war-mongering little shit

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The Independent confirms that the interests of UK’s oil companies was central to Bliar & Co while they were publically lying and promoting some bullshit smokescreen about weapons of mass destruction, killing his own people – as if USUK wouldn’t do that – morality, etc.

Bliar denounced the cliams that oil was a major issue as an “oil conspiracy theory”. Who would believe that slimy, lying politicians conspire to promote corporate interests and their own wealth, eh?

Secret memos expose link between oil firms and invasion of Iraq

By Paul Bignell

Over 1,000 documents were obtained under Freedom of Information over five years by the oil campaigner Greg Muttitt. They reveal that at least five meetings were held between civil servants, ministers and BP and Shell in late 2002.

The 20-year contracts signed in the wake of the invasion were the largest in the history of the oil industry. They covered half of Iraq’s reserves – 60 billion barrels of oil, bought up by companies such as BP and CNPC (China National Petroleum Company), whose joint consortium alone stands to make £403m ($658m) profit per year from the Rumaila field in southern Iraq.

Last week, Iraq raised its oil output to the highest level for almost decade, 2.7 million barrels a day – seen as especially important at the moment given the regional volatility and loss of Libyan output. Many opponents of the war suspected that one of Washington’s main ambitions in invading Iraq was to secure a cheap and plentiful source of oil.

Mr Muttitt, whose book Fuel on Fire is published next week, said: “Before the war, the Government went to great lengths to insist it had no interest in Iraq’s oil. These documents provide the evidence that give the lie to those claims.

“We see that oil was in fact one of the Government’s most important strategic considerations, and it secretly colluded with oil companies to give them access to that huge prize.”

Lady Symons, 59, later took up an advisory post with a UK merchant bank that cashed in on post-war Iraq reconstruction contracts. Last month she severed links as an unpaid adviser to Libya’s National Economic Development Board after Colonel Gaddafi started firing on protesters. Last night, BP and Shell declined to comment.

Not about oil? what they said before the invasion

* Foreign Office memorandum, 13 November 2002, following meeting with BP: “Iraq is the big oil prospect. BP are desperate to get in there and anxious that political deals should not deny them the opportunity to compete. The long-term potential is enormous…”

* Tony Blair, 6 February 2003: “Let me just deal with the oil thing because… the oil conspiracy theory is honestly one of the most absurd when you analyse it. The fact is that, if the oil that Iraq has were our concern, I mean we could probably cut a deal with Saddam tomorrow in relation to the oil. It’s not the oil that is the issue, it is the weapons…”

* BP, 12 March 2003: “We have no strategic interest in Iraq. If whoever comes to power wants Western involvement post the war, if there is a war, all we have ever said is that it should be on a level playing field. We are certainly not pushing for involvement.”

* Lord Browne, the then-BP chief executive, 12 March 2003: “It is not in my or BP’s opinion, a war about oil. Iraq is an important producer, but it must decide what to do with its patrimony and oil.”

* Shell, 12 March 2003, said reports that it had discussed oil opportunities with Downing Street were ‘highly inaccurate’, adding: “We have neither sought nor attended meetings with officials in the UK Government on the subject of Iraq. The subject has only come up during conversations during normal meetings we attend from time to time with officials… We have never asked for ‘contracts’.”

 

27/11/13 Having received a takedown notice from the Independent newspaper for a different posting, I have reviewed this article which links to an article at the Independent’s website in order to attempt to ensure conformance with copyright laws.

I consider this posting to comply with copyright laws since
a. Only a small portion of the original article has been quoted satisfying the fair use criteria, and / or
b. This posting satisfies the requirements of a derivative work.

Please be assured that this blog is a non-commercial blog (weblog) which does not feature advertising and has not ever produced any income.

dizzy

Continue ReadingYet more confirmation that Tony Blair is a lying, divorced-from-reality war-mongering little shit

Letter to Nick Clegg

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Image of David 'Pinoccio' Cameron and Nick Clegg. Image is originally from the UK's Mirror newspaper. Looks like Bliar doesn't he? Cameron seems to be apingning/copying Bliar's public image ~ speeches aligning himslf with Bliar ... and of course ... who Bliar aligned with ...Portion of a letter to Nick Clegg from Felicity Arbuthnot

Response to Nick Clegg, UK Deputy Prime Minister | Dissident Voice

A “no-fly zone” is another oxymoron, a total contradiction in terms. It means that Colonel Gaddafi’s “brutal, savage and unacceptable treatment”, has been replaced by our “brutal, savage and unacceptable treatment”, using depleted uranium (i.e., nuclear waste) weapons and blowing Libyan people to bits in their uncounted numbers. (“It is not productive” to count coalition deaths as US Generals, led by General Mark Kimmit, have reiterated.)

The region and peoples will become another Fallujah, with the yet-to-be-conceived, even, born with deformities, often making them unrecognisable as human infants. Headless, limbless, organs on the outside of the body, one cyclops eye, no eyes, no brain — a reality witnessed by the writer over many years.

Libya has the ninth largest oil reserves on earth. As Iraq, and as the desire for the vital resources through Afghanistan, no one with half a brain believes your concern for humanity is the real reason. There were no calls from your Party, or the Conservatives, for “no fly zones” of any hue, or for restraint, in “Operation Cast Lead” (Christmas-New Year 2008-2009) as Israel bombarded the people of Gaza, caught, like “fish in a barrel”, to use a term about wanton slaughter, from another US General. That certainly looked like “brutal, savage and unacceptable” treatment, to most observers.

Last July, when you became acting Prime Minister when David Cameron was away, you said, in an exchange with Jack Straw, the previous Labour Foreign Secretary:

Perhaps one day you could account for your role in the most disastrous decision of all, which is the illegal invasion of Iraq.3

This is written on the eighth anniversary of the beginning of that illegal invasion. The invasion George W. Bush declared a “Crusade.” As you embark on the course of decimating another ancient Islamic land for oil – one with an even smaller population than Iraq – another “Crusade” to install another compliant puppet regime, I can only say shame on you all.

Continue ReadingLetter to Nick Clegg

It is an honour to join the dissident bloggers

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New year, new blog. This blog lived at http://blogs.cjb.net/dissident/ for slightly over five years. Before then I was an activist posting to various politics NNTP usenet newsgroups on issues such as opposition to the Iraq war, Bliar & Co, George ‘Dubya’ Bush, etc. I was very critical of Blair, New Labour, Dubya, the New Labour politician Ian Blair, the murder of Jean Charles de Menezes, etc.

At the blog’s previous location I repeatedly attacked Bliar’s New Labour party. The blog was controversial and attracted links to malware in the comments forcing me to disallow commenting – there was no moderated commenting facility available at that free host. I have no doubt that those posting links to malware were professional and operating in an official capacity. In early December 2006 [2/2/2011 edit: December 2008] the blog was somehow mysteriously deleted. It gives me the opportunity to republish some of the better articles.

Here’s the very first post of this blog at it’s previous location – first published 1 January, 2006. More to follow.

The first post of a new blog and a new year is a heady burden and so I have chosen an easy option.

It is an honour to join the dissident bloggers

`Dissident bloggers’ is a term coined by Craig Murray in his request to disseminate documents that prove that the UK government is lying about supporting torture. New Labour really are evil shits. Honour and dignity are totally alien concepts to them, amoung others ;)

Back soon and have a good new year.

Damning documentary evidence unveiled. Dissident bloggers in coordinated exposé of UK government lies over torture.

Help us beat the British government’s gagging order by mirroring this information on your own site or blog!

Constituent: “This question is for Mr Straw; Have you ever read any
documents where the intelligence has been procured through torturous means?”

Jack Straw: “Not to the best of my knowledge… let me make this clear… the British government does not support torture in any circumstances. Full stop. We do not support the obtaining of intelligence by torture, or its use.” – Foreign Secretary Jack Straw, election hustings, Blackburn, April 2005

I was summoned to the UK for a meeting on 8 March 2003. Michael Wood gave his legal opinion that it was not illegal to obtain and to use intelligence acquired by torture… On behalf of the intelligence services, Matthew Kydd said that they found some of the material very useful indeed with a direct bearing on the war on terror. Linda Duffield said that she had been asked to assure me that my qualms of conscience were respected and understood. – Ambassador Craig Murray, memo to the Foreign Office, July 2004

With Tony Blair and Jack Straw cornered on extraordinary rendition, the UK government is particularly anxious to suppress all evidence of our complicity in obtaining intelligence extracted by foreign torturers.

The British Foreign Office is now seeking to block publication of Craig Murray’s forthcoming book, which documents his time as Ambassador to Uzbekistan. The Foreign Office has demanded that Craig Murray remove all references to two especially damning British government documents, indicating that our government was knowingly receiving information extracted by the Uzbeks through torture, and return every copy that he has in his possession.

Craig Murray is refusing to do this. Instead, the documents are today being published simultaneously on blogs all around the world.

The first document contains the text of several telegrams that Craig Murray sent back to London from 2002 to 2004, warning that the information being passed on by the Uzbek security services was torture-tainted, and challenging MI6 claims that the information was nonetheless “useful”.

The second document is the text of a legal opinion from the Foreign Office’s Michael Wood, arguing that the use by intelligence services of information extracted through torture does not constitute a violation of the UN Convention Against Torture.

Craig Murray says:

In March 2003 I was summoned back to London from Tashkent specifically for a meeting at which I was told to stop protesting. I was told specifically that it was perfectly legal for us to obtain and to use intelligence from the Uzbek torture chambers.

After this meeting Sir Michael Wood, the Foreign and Commonwealth Office’s legal adviser, wrote to confirm this position. This minute from Michael Wood is perhaps the most important document that has become public about extraordinary rendition. It is irrefutable evidence of the government’s use of torture material, and that I was attempting to stop it. It is no wonder that the government is trying to suppress this.

First document: Confidential letters from Uzbekistan

Letter #1
Confidential
FM Tashkent
TO FCO, Cabinet Office, DFID, MODUK, OSCE Posts, Security Council Posts

16 September 02

SUBJECT: US/Uzbekistan: Promoting Terrorism
SUMMARY

US plays down human rights situation in Uzbekistan. A dangerous policy: increasing repression combined with poverty will promote Islamic terrorism. Support to Karimov regime a bankrupt and cynical policy.

DETAIL

The Economist of 7 September states: “Uzbekistan, in particular, has jailed many thousands of moderate Islamists, an excellent way of converting their families and friends to extremism.” The Economist also spoke of “the growing despotism of Mr Karimov” and judged that “the past year has seen a further deterioration of an already grim human rights record”. I agree.

Between 7,000 and 10,000 political and religious prisoners are currently detained, many after trials before kangaroo courts with no representation. Terrible torture is commonplace: the EU is currently considering a demarche over the terrible case of two Muslims tortured to death in jail apparently with boiling water. Two leading dissidents, Elena Urlaeva and Larissa Vdovna, were two weeks ago committed to a lunatic asylum, where they are being drugged, for demonstrating on human rights. Opposition political parties remain banned. There is no doubt that September 11 gave the pretext to crack down still harder on dissent under the guise of counter-terrorism.
Yet on 8 September the US State Department certified that Uzbekistan was improving in both human rights and democracy, thus fulfilling a constitutional requirement and allowing the continuing disbursement of $140 million of US aid to Uzbekistan this year. Human Rights Watch immediately published a commendably sober and balanced rebuttal of the State Department claim.

Again we are back in the area of the US accepting sham reform [a reference to my previous telegram on the economy]. In August media censorship was abolished, and theoretically there are independent media outlets, but in practice there is absolutely no criticism of President Karimov or the central government in any Uzbek media. State Department call this self-censorship: I am not sure that is a fair way to describe an unwillingness to experience the brutal methods of the security services.

Similarly, following US pressure when Karimov visited Washington, a human rights NGO has been permitted to register. This is an advance, but they have little impact given that no media are prepared to cover any of their activities or carry any of their statements.
The final improvement State quote is that in one case of murder of a prisoner the police involved have been prosecuted. That is an improvement, but again related to the Karimov visit and does not appear to presage a general change of policy. On the latest cases of torture deaths the Uzbeks have given the OSCE an incredible explanation, given the nature of the injuries, that the victims died in a fight between prisoners.

But allowing a single NGO, a token prosecution of police officers and a fake press freedom cannot possibly outweigh the huge scale of detentions, the torture and the secret executions. President Karimov has admitted to 100 executions a year but human rights groups believe there are more. Added to this, all opposition parties remain banned (the President got a 98% vote) and the Internet is strictly controlled. All Internet providers must go through a single government server and access is barred to many sites including all dissident and opposition sites and much international media (including, ironically, waronterrorism.com). This is in essence still a totalitarian state: there is far less freedom than still prevails, for example, in Mugabe’s Zimbabwe. A Movement for Democratic Change or any judicial independence would be impossible here.

Karimov is a dictator who is committed to neither political nor economic reform. The purpose of his regime is not the development of his country but the diversion of economic rent to his oligarchic supporters through government controls. As a senior Uzbek academic told me privately, there is more repression here now than in Brezhnev’s time. The US are trying to prop up Karimov economically and to justify this support they need to claim that a process of economic and political reform is underway. That they do so claim is either cynicism or self-delusion.

This policy is doomed to failure. Karimov is driving this resource-rich country towards economic ruin like an Abacha. And the policy of increasing repression aimed indiscriminately at pious Muslims, combined with a deepening poverty, is the most certain way to ensure continuing support for the Islamic Movement of Uzbekistan. They have certainly been decimated and disorganised in Afghanistan, and Karimov’s repression may keep the lid on for years ? but pressure is building and could ultimately explode.

I quite understand the interest of the US in strategic airbases and why they back Karimov, but I believe US policy is misconceived. In the short term it may help fight terrorism but in the medium term it will promote it, as the Economist points out. And it can never be right to lower our standards on human rights. There is a complex situation in Central Asia and it is wrong to look at it only through a prism picked up on September 12. Worst of all is what appears to be the philosophy underlying the current US view of Uzbekistan: that September 11 divided the World into two camps in the “War against Terrorism” and that Karimov is on “our” side.

If Karimov is on “our” side, then this war cannot be simply between the forces of good and evil. It must be about more complex things, like securing the long-term US military presence in Uzbekistan. I silently wept at the 11 September commemoration here. The right words on New York have all been said. But last week was also another anniversary ? the US-led overthrow of Salvador Allende in Chile. The subsequent dictatorship killed, dare I say it, rather more people than died on September 11. Should we not remember then also, and learn from that too? I fear that we are heading down the same path of US-sponsored dictatorship here. It is ironic that the beneficiary is perhaps the most unreformed of the World’s old communist leaders.
We need to think much more deeply about Central Asia. It is easy to place Uzbekistan in the “too difficult” tray and let the US run with it, but I think they are running in the wrong direction. We should tell them of the dangers we see. Our policy is theoretically one of engagement, but in practice this has not meant much. Engagement makes sense, but it must mean grappling with the problems, not mute collaboration. We need to start actively to state a distinctive position on democracy and human rights, and press for a realistic view to be taken in the IMF. We should continue to resist pressures to start a bilateral DFID programme, unless channelled non-governmentally, and not restore ECGD cover despite the constant lobbying. We should not invite Karimov to the UK. We should step up our public diplomacy effort, stressing democratic values, including more resources from the British Council. We should increase support to human rights activists, and strive for contact with non-official Islamic groups.

Above all we need to care about the 22 million Uzbek people, suffering from poverty and lack of freedom. They are not just pawns in the new Great Game.

MURRAY

——————————————————————————–
Letter #2
Confidential
Fm Tashkent
To FCO

18 March 2003

SUBJECT: US FOREIGN POLICY
SUMMARY

1. As seen from Tashkent, US policy is not much focussed on democracy or freedom. It is about oil, gas and hegemony. In Uzbekistan the US pursues those ends through supporting a ruthless dictatorship. We must not close our eyes to uncomfortable truth.

DETAIL

2. Last year the US gave half a billion dollars in aid to Uzbekistan, about a quarter of it military aid. Bush and Powell repeatedly hail Karimov as a friend and ally. Yet this regime has at least seven thousand prisoners of conscience; it is a one party state without freedom of speech, without freedom of media, without freedom of movement, without freedom of assembly, without freedom of religion. It practices, systematically, the most hideous tortures on thousands. Most of the population live in conditions precisely analogous with medieval serfdom.

3. Uzbekistan’s geo-strategic position is crucial. It has half the population of the whole of Central Asia. It alone borders all the other states in a region which is important to future Western oil and gas supplies. It is the regional military power. That is why the US is here, and here to stay. Contractors at the US military bases are extending the design life of the buildings from ten to twenty five years.

4. Democracy and human rights are, despite their protestations to the contrary, in practice a long way down the US agenda here. Aid this year will be slightly less, but there is no intention to introduce any meaningful conditionality. Nobody can believe this level of aid ? more than US aid to all of West Africa ? is related to comparative developmental need as opposed to political support for Karimov. While the US makes token and low-level references to human rights to appease domestic opinion, they view Karimov’s vicious regime as a bastion against fundamentalism. He ? and they ? are in fact creating fundamentalism. When the US gives this much support to a regime that tortures people to death for having a beard or praying five times a day, is it any surprise that Muslims come to hate the West?

5. I was stunned to hear that the US had pressured the EU to withdraw a motion on Human Rights in Uzbekistan which the EU was tabling at the UN Commission for Human Rights in Geneva. I was most unhappy to find that we are helping the US in what I can only call this cover-up. I am saddened when the US constantly quote fake improvements in human rights in Uzbekistan, such as the abolition of censorship and Internet freedom, which quite simply have not happened (I see these are quoted in the draft EBRD strategy for Uzbekistan, again I understand at American urging).

6. From Tashkent it is difficult to agree that we and the US are activated by shared values. Here we have a brutal US sponsored dictatorship reminiscent of Central and South American policy under previous US Republican administrations. I watched George Bush talk today of Iraq and “dismantling the apparatus of terror? removing the torture chambers and the rape rooms”. Yet when it comes to the Karimov regime, systematic torture and rape appear to be treated as peccadilloes, not to affect the relationship and to be downplayed in international fora. Double standards? Yes.

7. I hope that once the present crisis is over we will make plain to the US, at senior level, our serious concern over their policy in Uzbekistan.
MURRAY

——————————————————————————–
Letter #3

CONFIDENTIAL
FM TASHKENT
TO IMMEDIATE FCO

TELNO 63
OF 220939 JULY 04

INFO IMMEDIATE DFID, ISLAMIC POSTS, MOD, OSCE POSTS UKDEL EBRD LONDON, UKMIS GENEVA, UKMIS MEW YORK

SUBJECT: RECEIPT OF INTELLIGENCE OBTAINED UNDER TORTURE

SUMMARY

1. We receive intelligence obtained under torture from the Uzbek intelligence services, via the US. We should stop. It is bad information anyway. Tortured dupes are forced to sign up to confessions showing what the Uzbek government wants the US and UK to believe, that they and we are fighting the same war against terror.

2. I gather a recent London interdepartmental meeting considered the question and decided to continue to receive the material. This is morally, legally and practically wrong. It exposes as hypocritical our post Abu Ghraib pronouncements and fatally undermines our moral standing. It obviates my efforts to get the Uzbek government to stop torture they are fully aware our intelligence community laps up the results.

3. We should cease all co-operation with the Uzbek Security Services they are beyond the pale. We indeed need to establish an SIS presence here, but not as in a friendly state.

DETAIL

4. In the period December 2002 to March 2003 I raised several times the issue of intelligence material from the Uzbek security services which was obtained under torture and passed to us via the CIA. I queried the legality, efficacy and morality of the practice.

5. I was summoned to the UK for a meeting on 8 March 2003. Michael Wood gave his legal opinion that it was not illegal to obtain and to use intelligence acquired by torture. He said the only legal limitation on its use was that it could not be used in legal proceedings, under Article 15 of the UN Convention on Torture.

6. On behalf of the intelligence services, Matthew Kydd said that they found some of the material very useful indeed with a direct bearing on the war on terror. Linda Duffield said that she had been asked to assure me that my qualms of conscience were respected and understood.

7. Sir Michael Jay’s circular of 26 May stated that there was a reporting obligation on us to report torture by allies (and I have been instructed to refer to Uzbekistan as such in the context of the war on terror). You, Sir, have made a number of striking, and I believe heartfelt, condemnations of torture in the last few weeks. I had in the light of this decided to return to this question and to highlight an apparent contradiction in our policy. I had intimated as much to the Head of Eastern Department.

8. I was therefore somewhat surprised to hear that without informing me of the meeting, or since informing me of the result of the meeting, a meeting was convened in the FCO at the level of Heads of Department and above, precisely to consider the question of the receipt of Uzbek intelligence material obtained under torture. As the office knew, I was in London at the time and perfectly able to attend the meeting. I still have only gleaned that it happened.

9. I understand that the meeting decided to continue to obtain the Uzbek torture material. I understand that the principal argument deployed was that the intelligence material disguises the precise source, ie it does not ordinarily reveal the name of the individual who is tortured. Indeed this is true ? the material is marked with a euphemism such as “From detainee debriefing.” The argument runs that if the individual is not named, we cannot prove that he was tortured.

10. I will not attempt to hide my utter contempt for such casuistry, nor my shame that I work in and organisation where colleagues would resort to it to justify torture. I have dealt with hundreds of individual cases of political or religious prisoners in Uzbekistan, and I have met with very few where torture, as defined in the UN convention, was not employed. When my then DHM raised the question with the CIA head of station 15 months ago, he readily acknowledged torture was deployed in obtaining intelligence. I do not think there is any doubt as to the fact

11. The torture record of the Uzbek security services could hardly be more widely known. Plainly there are, at the very least, reasonable grounds for believing the material is obtained under torture. There is helpful guidance at Article 3 of the UN Convention;
“The competent authorities shall take into account all relevant considerations including, where applicable, the existence in the state concerned of a consistent pattern of gross, flagrant or mass violations of human rights.” While this article forbids extradition or deportation to Uzbekistan, it is the right test for the present question also.

12. On the usefulness of the material obtained, this is irrelevant. Article 2 of the Convention, to which we are a party, could not be plainer:

“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

13. Nonetheless, I repeat that this material is useless ? we are selling our souls for dross. It is in fact positively harmful. It is designed to give the message the Uzbeks want the West to hear. It exaggerates the role, size, organisation and activity of the IMU and its links with Al Qaida. The aim is to convince the West that the Uzbeks are a vital cog against a common foe, that they should keep the assistance, especially military assistance, coming, and that they should mute the international criticism on human rights and economic reform.

14. I was taken aback when Matthew Kydd said this stuff was valuable. Sixteen months ago it was difficult to argue with SIS in the area of intelligence assessment. But post Butler we know, not only that they can get it wrong on even the most vital and high profile issues, but that they have a particular yen for highly coloured material which exaggerates the threat. That is precisely what the Uzbeks give them. Furthermore MI6 have no operative within a thousand miles of me and certainly no expertise that can come close to my own in making this assessment.

15. At the Khuderbegainov trial I met an old man from Andizhan. Two of his children had been tortured in front of him until he signed a confession on the family’s links with Bin Laden. Tears were streaming down his face. I have no doubt they had as much connection with Bin Laden as I do. This is the standard of the Uzbek intelligence services.

16. I have been considering Michael Wood’s legal view, which he kindly gave in writing. I cannot understand why Michael concentrated only on Article 15 of the Convention. This certainly bans the use of material obtained under torture as evidence in proceedings, but it does not state that this is the sole exclusion of the use of such material.

17. The relevant article seems to me Article 4, which talks of complicity in torture. Knowingly to receive its results appears to be at least arguable as complicity. It does not appear that being in a different country to the actual torture would preclude complicity. I talked this over in a hypothetical sense with my old friend Prof Francois Hampson, I believe an acknowledged World authority on the Convention, who said that the complicity argument and the spirit of the Convention would be likely to be winning points. I should be grateful to hear Michael’s views on this.

18. It seems to me that there are degrees of complicity and guilt, but being at one or two removes does not make us blameless. There are other factors. Plainly it was a breach of Article 3 of the Convention for the coalition to deport detainees back here from Baghram, but it has been done. That seems plainly complicit.

19. This is a difficult and dangerous part of the World. Dire and increasing poverty and harsh repression are undoubtedly turning young people here towards radical Islam. The Uzbek government are thus creating this threat, and perceived US support for Karimov strengthens anti-Western feeling. SIS ought to establish a presence here, but not as partners of the Uzbek Security Services, whose sheer brutality puts them beyond the pale.

MURRAY

Second Document – summary of legal opinion from Michael Wood arguing that it is legal to use information extracted under torture:

Copy of original fax

From: Michael Wood, Legal Advisor

Date: 13 March 2003

CC: PS/PUS; Matthew Kidd, WLD

Linda Duffield

UZBEKISTAN: INTELLIGENCE POSSIBLY OBTAINED UNDER TORTURE

1. Your record of our meeting with HMA Tashkent recorded that Craig had said that his understanding was that it was also an offence under the UN Convention on Torture to receive or possess information under torture. I said that I did not believe that this was the case, but undertook to re-read the Convention.

2. I have done so. There is nothing in the Convention to this effect. The nearest thing is article 15 which provides:

“Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.”

3. This does not create any offence. I would expect that under UK law any statement established to have been made as a result of torture would not be admissible as evidence.

[signed]

M C Wood
Legal Adviser

PDF versions of the letters are available for download from here

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