A Guantánamo Bay prisoner can sue the UK government in England and Wales over allegations that British intelligence services asked the CIA to put questions to him while he was being tortured in “black sites”, the UK’s highest court has ruled.
The supreme court said MI5 and MI6 were subject to the law of England and Wales and not – as the government had attempted to argue – the six different countries where Abu Zubaydah was held.
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A Guantánamo Bay prisoner can sue the UK government in England and Wales over allegations that British intelligence services asked the CIA to put questions to him while he was being tortured in “black sites”, the UK’s highest court has ruled.
The supreme court said MI5 and MI6 were subject to the law of England and Wales and not – as the government had attempted to argue – the six different countries where Abu Zubaydah was held.
Abu Zubaydah, a Palestinian national whose full name is Zayn al-Abidin Muhammad Husayn, said that between 2002 and 2006 he was unlawfully rendered by US agents to Thailand, Lithuania, Poland, Guantánamo Bay in Cuba, Afghanistan, Morocco and finally to Guantánamo Bay again, where he has been held without trial ever since.
Abu Zubaydah claims that the UK intelligence services committed the civil wrongs of misfeasance in public office, conspiracy to injure, trespass to the person, false imprisonment and negligence in a case that threatens to put UK complicity with the CIA’s kidnap and torture programme during the “war on terror” back into the spotlight.
He alleges that the UK intelligence services sent numerous questions to the CIA to be used in interrogations, without seeking any assurances that he would not be tortured or mistreated or taking steps to discourage or prevent such treatment.
He claims that at the black sites he was waterboarded on 83 occasions and also subjected to extreme sleep deprivation, confinement inside boxes, beatings, death threats, starvation, denial of medical care and no access to sanitation.
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