London: Lawyers for six former Guantanamo
detainees on Monday appealed a ruling that the British government
can use secret evidence to fight a claim that it was complicit
in their abuse.
The former terror suspects, all British citizens or
residents, are suing the government and intelligence agencies
over their alleged mistreatment in Afghanistan, Guantanamo and
elsewhere. They deny any involvement in terrorism and allege
that British spy agencies abetted their unlawful imprisonment
and extraordinary rendition to locations around the world
where they were tortured.
The government says some evidence is too sensitive to be
released to the claimants, their lawyers or the public. But
the former detainees say having access to the British
government evidence is vital to open justice.
Dinah Rose, a lawyer for several of the claimants, said
the secrecy the government seeks "has never been allowed in
the history of the common law.
"The process is fundamentally incompatible with the very
notion of what a civil trial is," she said.
In November, the High Court ruled that some evidence
could be heard in secret if its disclosure was considered a
threat to national security or international relations. In
that case, the material could only be reviewed by a specially
appointed lawyer who could not discuss it with the former
inmates or their attorneys.
The system of secret evidence, known as a "closed
material procedure," has been used only in a handful of
terrorism cases, and never in civil courts.
PTI
