Guantanamo Bay: Binyam Mohamed

House of Lords written question – answered at on 25 March 2009.

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Photo of Lord Leach of Fairford Lord Leach of Fairford Conservative

To ask Her Majesty's Government in light of the High Court's conclusion in the case of Binyam Mohamed that it is an independent crime to assist in concealing evidence of torture, whether the United Kingdom will now be required to reveal any such evidence contained in intelligence material provided by other countries; or whether the relevant intelligence-sharing protocols will override any such legal requirement.

Photo of Lord Malloch-Brown Lord Malloch-Brown Minister of State, Foreign & Commonwealth Office, Minister of State (Africa, Asia and the UN)

There was no such conclusion of the High Court. The case brought by Mr Mohamed was a judicial review. It was not before a criminal court and did not consider criminal issues. The question of possible criminal wrongdoing that arose in the course of the judicial review was referred to the Attorney-General. This is, as the court acknowledged, the proper legal process.

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