Sami al Saadi tortured after MI5/MI6 Rendition to Libya

[TonyGosling]

Police launch probe over torture allegations in Libya
Wesley Johnson Indie - Thursday 12 January 2012
http://www.independent.co.uk/news/uk/crime/police-launch-probe-over-to rture-allegations-in-libya-6288576.html
No British spies will be charged over their alleged complicity in the torture of two terror suspects but a new investigation will be held into allegations of rendition in Libya, the top prosecutor in England and Wales said today.
MI5 and MI6 agents will not face charges over the ill-treatment and torture of UK resident Binyam Mohamed in Pakistan and another detainee at Bagram Air Base in Afghanistan, Director of Public Prosecutions Keir Starmer QC said.
But a criminal investigation will be launched into the alleged rendition and ill-treatment of two people in Libya, Scotland Yard said.
One of the Libyans at the centre of the new claims is the military commander and rebel leader Abdul Hakim Belhadj, head of the Tripoli Military Council.
His allegations, and those of one other making similar claims, are "so serious that it is in the public interest for them to be investigated now rather than at the conclusion of the Detainee Inquiry", a joint statement by Mr Starmer and Assistant Commissioner Lynne Owens said.
Deputy Prime Minister Nick Clegg said: "This Government condemns torture and inhumane treatment.
"We will never support it, we won't ask other people to do it on our behalf.
"The CPS (Crown Prosecution Service) has now said that it will not be pursuing criminal charges in two cases which have been under investigation, but that there are further cases which require more investigation.
"The Government and the security services will give complete and full cooperation to those investigations so that the police can get to the bottom of them as well."
No charges will be brought in two other cases.
Mr Starmer said prosecutors looked into whether there was sufficient evidence to prosecute any British spies over aiding and abetting torture, aiding and abetting war crimes, or misconduct in public office in relation to Mohamed's case.
There was evidence showing members of the Security Service "provided information to the US authorities about Mr Mohamed and supplied questions for the US authorities to put to Mr Mohamed while he was being detained", the statement said.
But the CPS "concluded that there is insufficient evidence to prove to the standard required in a criminal court" that any spies provided information when they "knew or ought to have known that there was a real or serious risk that Mr Mohamed would be exposed to ill-treatment amounting to torture".
"Against that background, it is not possible to bring criminal charges against an identifiable individual," the statement said.
It added: "Nothing in this decision should be read as concluding that the ill-treatment alleged by Mr Mohamed did not take place or that it was lawful."
Mohamed was held in Pakistan between about April and July 2002 and elsewhere between about July 2002 and early 2004.
In the second case, a detainee at Bagram Air Base in Afghanistan was interviewed by a member of the Secret Intelligence Service there in January 2002.
But officials were unable to speak to the detainee or possible witnesses, who were not British officials.
"On the account that has been given by the member of the Secret Intelligence Services and taking into account all other available evidence, there is insufficient evidence to provide a realistic prospect of convicting him of any criminal offence," the statement said.
"The offences considered were aiding and abetting torture, aiding and abetting war crimes, false imprisonment, aiding and abetting assault, and misconduct in public office."
Foreign Secretary William Hague has stressed the Government's commitment to "drawing a line" under the alleged involvement of intelligence agencies in the torture of terror suspects held overseas.
But the new criminal investigation looks likely to delay the planned inquiry into British complicity in torture and rendition, headed by Sir Peter Gibson, which was due to begin in the wake of the police investigation.
A Government spokesman said: "The Government has always been clear that the Inquiry will not be able to start formally until all related police investigations have been concluded.
"We will need to consider the implications of the launch of a further police investigation, in consultation with Sir Peter Gibson, the inquiry chair."
Human rights groups and lawyers were refusing to give evidence to the detainee inquiry or attend any meetings with the inquiry team because it does not have "credibility or transparency".
In November 2010, Justice Secretary Kenneth Clarke announced that secret payouts to 16 former detainees at Guantanamo were being made to pave the way for the inquiry into allegations of torture.
Mohamed was granted refugee status in Britain in 1994 after seeking asylum from Ethiopia.
He travelled to Pakistan in 2001 - the year he converted to Islam - and was arrested there a year later on suspicion of involvement in terrorism, before being "rendered" to Morocco and Afghanistan.
After being subjected to alleged torture by his US captors, he was sent to Guantanamo Bay in 2004. But in October 2008, the US government dropped all charges against him.
Mohamed was released and returned to Britain in February 2009.
A Government spokesman added: "The Government stands firmly against torture and cruel, inhuman and degrading treatment or punishment. We do not condone it, nor do we ask others to do it on our behalf.
"The security and intelligence agencies work tirelessly to protect us day in, day out.
"We have already increased transparency in the agencies by publishing for the first time the consolidated guidance for dealing with detainees held overseas.
"We will continue to cooperate fully with the police and the Crown Prosecution Service."
Referring to the decision not to bring charges over the allegations at Bagram Air Base, MI6 chief Sir John Sawers said: "I welcome the Crown Prosecution Service (CPS) and police decision today not to bring charges against one of our officers.
"We have cooperated fully with police throughout this process.
"I am glad that the outcome allows the courageous individual at the centre of the investigation to continue his work in support of national security.
"He has dedicated his life to public service and I have full confidence in him."
Sir John went on: "The CPS and police have announced they will be investigating allegations made by two Libyans, Mr (Sami) al Saadi and Mr Belhadj.
"We will of course be cooperating with the police on this new investigation, as we have done on the one now concluding.
"It is in the service's interest to deal with the allegations being made as swiftly as possible so we can draw a line under them and focus on the crucial work we now face in the future."
A spokeswoman for the detainee inquiry added: "The detainee inquiry panel will now carefully consider its next steps and the chairman of the panel, Sir Peter Gibson, will make an announcement in due course.
Shami Chakrabarti, director of the civil rights group Liberty, said: "We, of course, welcome the criminal investigation into Britain's suspected involvement with torture under the Gaddafi regime.
"But the criminal law is not the only way of correcting grave injustices in a great democracy.
"It is now even more important that the victims, security agencies and wider public benefit from a full and independent judicial inquiry into one of the worst scandals of recent memory."
She went on: "The secretive and toothless Cabinet Office process chaired by Sir Peter Gibson is an embarrassingly inadequate response and the Government's new Green Paper would shut down open justice forever."
The proposals in the Government's justice and security Green Paper aim to improve the way information from the security services, including MI5 and MI6, is handled while still protecting national security.
But its proposals to hold a greater number of hearings behind closed doors have been widely criticised.
Sami al Saadi, an opponent of Colonel Gaddafi's regime who is also known as Abu Munthir, announced in October last year that he was taking action after he claimed he was rendered along with his wife, now 41, and four young children to Libya by British security services.
In 2004, al Saadi, 45, was flying to the UK from his home in Hong Kong when he and his family were stopped.
They were flown to Tripoli on a plane with Libyan security agents, according to his legal team, who allege that Britain had arranged for Chinese authorities to arrest him at the behest of Gaddafi.
Al Saadi has described how, during their rendition, he saw his young daughter lose consciousness and his wife "screaming as they were handcuffed". Upon reaching Libya he was separated from his family and imprisoned for several years.
His children were aged 13, 11, nine and six at the time.
Al Saadi was a member of LIFG (Libyan Islamic Fighting Group), which was fiercely opposed to Gaddafi.
He said after the tyrant's overthrow, documents were discovered showing British personnel were instrumental in his detention and rendition.
The documents also support his claim that UK agents interrogated him while he was in secret detention in Libya, his legal team at Leigh Day & Co alleged.
The second case involves legal action started in December by Libyan rebel commander Abdel Hakim Belhadj, one of the leaders of anti-Gaddafi forces, who is also known as Abu Abd Allah Sadiq.
In 2004 Mr Belhadj was living in exile in Beijing with his wife Fatima Bouchar, now 38, having led a low-level insurgency against the Gaddafi regime.
But in early 2004 they were detained en route to the UK where they were trying to seek asylum.
They claim they were later separated, handed over to US authorities and taken to what they believe was a US secret prison where Mr Belhadj, 45, says he was mistreated.
He was then detained for six years in prisons in Libya, and claims he was interrogated by "foreign" agents, including some from the UK.
His wife was also imprisoned in Libya for four months, then released just before she gave birth, they say.
Lawyers claim evidence of the UK's role in the couple's rendition is detailed in a number of documents held by the Libyan security services, which came to light after the fall of the Gaddafi regime.
According to lawyers, one is a letter from Sir Mark Allen, former director of counter-terrorism at MI6, to Moussa Koussa, head of Gaddafi's intelligence agency, dated March 18, 2004.
In it, Sir Mark is said to pass on thanks for helping to arrange Tony Blair's visit to Gaddafi, writing: "Most importantly, I congratulate you on the safe arrival of Abu Abd Allah Sadiq.
"This was the least we could do for you and for Libya to demonstrate the remarkable relationship we have built over the years. I am so glad. I was grateful to you for helping the officer we sent out last week."
Richard Stein, of Leigh Day & Co, called for the new investigation into his clients' claims to "proceed without further delay".
"Our clients submitted their complaint to the police in November 2011," he said.
"They asked that the police immediately start to investigate the British officials, members of the UK security services and UK ministers, who appear to have acted jointly with US and Libyan agents, to conspire to seize and unlawfully render our clients to Libya and the Gaddafi regime, where they were detained and tortured for several years.
"Our clients specifically remember UK agents coming to question them whilst in detention in Tripoli."
He went on: "Our clients and their families' lives have been irreversibly affected by the crimes committed against them by the Gaddafi regime.
"There is substantial evidence of collusion in torture by British security services with the knowledge and express approval of UK ministers. These serious allegations of crime must now be investigated promptly and comprehensively."
But Clive Stafford Smith, director of the human rights group Reprieve, said the police investigation was being "hobbled" by political pressure for a "sham" inquiry.
"I have nothing but praise for the police who have been investigating the case, but they are being hobbled, just as they were in the hacking inquiry," he said.
"They know as well as I do that Shaker Aamer is key to this case, and it goes without saying that they need to interview him.
"But there seems to be political pressure to move forward with the sham Gibson Inquiry, at the cost of a proper police investigation."
A joint CPS and Metropolitan Police panel has been set up to look at further allegations.
Mr Stafford Smith said this was "clearly aimed at the case of Shaker Aamer, the last British resident in Guantanamo Bay".
http://www.independent.co.uk/news/uk/crime/police-launch-probe-over-to rture-allegations-in-libya-6288576.html

[TonyGosling]

Abdel Hakim Belhadj and Abdel Hakim Belhadj

Binyam Mohamed case dropped today

pill sweetened by announcing two new probes - in this case into former anti-Gaddafi Libyan terrorists who are now working for MI6 - Abdel Hakim Belhadj and Abdel Hakim Belhadj - one as leader of the 'free Syrian army'.
I wonder if they were the people MI6 paid to try and assassinate Gaddafi - the case Annie Machon and David Shayler resigned over - back on 31st July 1998????

Free Syrian Army commanded by Military Governor of Tripoli
Aldel Hakim Belhaj, historic leader of Al Qaeda in Libya, Military Governor of Tripoli, chief of the Free Syrian Army.

http://www.voltairenet.org/Free-Syrian-Army-commanded-by

Find out all about their crooked solicitors
Lots of pretty girly lawyers to persuade the public they are nice people
Leigh Day & Co
here - 30 minutes in - they are the crooked solicitors for the Camelford water disaster that Mark - now passed away - is referring to - see below

Link

http://www.youtube.com/watch?v=MheeiX2w8JU


Still thirsting for justice
http://www.guardian.co.uk/society/1999/jun/09/guardiansocietysupplemen t14
"We were forced into it. I feel that we were horrendously let down by our legal team. There were people who got only £1,200 compensation who have never been able to work again because of what happened."
Like others who sought compensation from the water company they feel they were railroaded into accepting the out of court offer. Both were ill at the time and say they felt threatened when told that legal aid would be withdrawn.
Despite her own health problems in the aftermath of the water poisoning - kidney pains, eczema and problems with swallowing - Mrs Skudder was even more preoccupied with the rapid deterioration in her husband's health.
"He had always been a healthy man but he became a changed person, very tired and bad tempered and so forgetful it was unbelievable. He became almost incoherent and because he couldn't string two words together he became enraged and would start screaming at me.
"It was a nightmare time, the man who had been my friend was suddenly a fractious person and just so different. Our retirement, our life, everything was wrecked. He was depressed and bitter for the rest of his life."
Ivan Skudder died of lung cancer three years ago aged 71. But Mrs Skudder, who now suffers from multiple chemical sensitivity, is not prepared to let the matter drop.

[TonyGosling]

UK scraps torture inquiry while police probe Libya cases

http://in.reuters.com/article/2012/01/18/britain-detainees-idINDEE80H0 GI20120118

By Adrian Croft

LONDON | Wed Jan 18, 2012 9:39pm IST

(Reuters) - Britain scrapped an inquiry into whether its security services knew about the torture of terrorism suspects overseas, because police have launched a separate investigation into whether London illegally sent detainees to Muammar Gaddafi's Libya.

Prime Minister David Cameron announced in July 2010 he was setting up an inquiry, led by retired appeals court judge Peter Gibson, to investigate whether British agents had worked with foreign security services who abused detainees.

But the inquiry was barred from examining matters that were before the police, and never formally launched hearings because it was waiting for criminal investigations to conclude.

Police announced last week that they would investigate allegations that two people had been illegally handed over to Gaddafi's Libya. Jutice Minister Ken Clarke said on Wednesday this meant there was no prospect of the Gibson inquiry being able to start in the foreseeable future.

"So ... we have decided to bring the work of this inquiry to a conclusion," he told parliament.

He said the government still intended to hold an independent, judge-led inquiry into possible British collusion with torture once the police had ended their investigations.

One of the cases being investigated by British police involves Abdel Hakim Belhadj, a Libyan Islamist who became a leader of the resistance to Gaddafi and has emerged as a major figure in Libya after the former leader's downfall.

He alleges he was tortured for six years after British and U.S. agents delivered him to Libya in 2004, allegations that are deeply embarrassing to London.

"We welcome the scrapping of this inquiry," said Richard Stein from law firm Leigh Day & Co which is representing Belhadj and another Libyan man.

"It was ill-conceived from the beginning, the government reserved the right for the final say on what material would be published and did not allow for cross-examination or any other way of testing the evidence from members of the UK security services, which was to be given secretly."

Clarke said the Gibson inquiry would give the government a report on the preparatory work it had done and "as much of this report as possible" would be made public.

BOYCOTT

Human rights groups and campaigning lawyers said last year they would boycott the inquiry because it risked becoming a "whitewash".

Clare Algar, Executive Director of Reprieve, one of those groups, said it looked forward to working with the government to ensure that an inquiry with "real clout and real independence" was set up once police investigations were over.

Members of the British domestic intelligence agency MI5 and its foreign equivalent MI6 have for years faced accusations they colluded in ill treatment of detainees, often at the hands of U.S. authorities after the September 11, 2001 attacks on the United States.

The allegations have been denied by current and former heads of MI5 and MI6 and British authorities say they would never use, or encourage others to use, torture to gain information.

The Gibson inquiry was set up to examine allegations made by several Britons of Pakistani descent that they were abused in custody in Pakistan with complicity from British officials. It would also have looked at allegations of mistreatment of those held at the U.S. prison at Guantanamo Bay, Cuba.

British police and prosecutors said last week they had found insufficient evidence to bring any charges after investigating the mistreatment of former Guantanamo Bay detainee Binyam Mohamed and the alleged abuse of an unnamed individual held by U.S. authorities at Bagram Air Base in Afghanistan.

In November 2010, Britain agreed to make payments to 16 former Guantanamo Bay detainees in out-of-court settlements over allegations they were mistreated abroad with the knowledge and in some cases complicity of British security services. Britain said the payments were not an admission of culpability.