• Intelligence sources ‘confirm abuse’
• Extent of Mohamed injuries revealed
- The Observer, Sunday 22 February 2009
A shocking new report alleges widespread complicity between British security agents and their Pakistani counterparts who have routinely engaged in the torture of suspects.
In the study, which will be published next month by the civil liberties group Human Rights Watch, at least 10 Britons are identified who have been allegedly tortured in Pakistan and subsequently questioned by UK intelligence officials. It warns that more British cases may surface and that the issue of Pakistani terrorism suspects interrogated by British agents is likely to “run much deeper”.
The report will further embarrass the foreign secretary, David Miliband, who has repeatedly said the UK does not condone torture. He has been under fire for refusing to disclose US documents relating to the treatment of Guantánamo detainee and former British resident Binyam Mohamed. The documents are believed to contain evidence about the torture of Mohamed and British complicity in his maltreatment. Mohamed will return to Britain this week. Doctors who examined him in Guantánamo found evidence of prolonged physical and mental mistreatment.
Ali Dayan Hasan, who led the Pakistan-based inquiry, said sources within the country’s Inter-Services Intelligence agency (ISI), the Intelligence Bureau and the military security services had provided “confirmation and information” relating to British collusion in the interrogation of terrorism suspects.
Hasan said the Human Rights Watch (HRW) evidence collated from Pakistan intelligence officials indicated a “systemic” modus operandi among British security services, involving a significant number of UK agents from MI5 rather than maverick elements. Different agents were deployed to interview different suspects, many of whom alleged that prior to interrogation by British officials they were tortured by Pakistani agents.
Among the 10 identified cases of British citizens and residents mentioned in the report is Rangzieb Ahmed, 33, from Rochdale, who claims he was tortured by Pakistani intelligence agents before being questioned by two MI5 officers. Ahmed was convicted of being a member of al-Qaida at Manchester crown court, yet the jury was not told that three of the fingernails of his left hand had been removed. The response from MI5 to the allegations that it had colluded in Ahmed’s torture were heard in camera, however, after the press and the public were excluded from the proceedings. Ahmed’s description of the cell in which he claims he was tortured closely matches that where Salahuddin Amin, 33, from Luton, says he was tortured by ISI officers between interviews with MI5 officers.
Zeeshan Siddiqui, 25, from London, who was detained in Pakistan in 2005, also claims he was interviewed by British intelligence agents during a period in which he was tortured.
Other cases include that of a London medical student who was detained in Karachi and tortured after the July 2005 attacks in London. Another case involving Britons allegedly tortured in Pakistan and questioned by UK agents involves a British Hizb ut-Tahrir supporter.
Rashid Rauf, from Birmingham, was detained in Pakistan and questioned over suspected terrorist activity in 2006. He was reportedly killed after a US drone attack in Pakistan’s tribal regions, though his body has never been found.
Hasan said: “What the research suggests is that these are not incidents involving one particular rogue officer or two, but rather an array of individuals involved over a period of several years.
“The issue is not just British complicity in the torture of British citizens, it is the issue of British complicity in the torture period. We know of at least 10 cases, but the complicity probably runs much deeper because it involves a series of terrorism suspects who are Pakistani. This is the heart of the matter.
“They are not the same individuals [MI5 officers] all the time. I know that the people who have gone to see Siddiqui in Peshawar are not the same people who have seen Ahmed in Rawalpindi.”
Last night the government faced calls to clarify precisely its relationship with Pakistan’s intelligence agencies, which are known to routinely use torture.
A Foreign Office spokesman said that an investigation by the British security services had revealed “there is nothing to suggest they have engaged in torture in Pakistan”. He added: “Our policy is not to participate in, solicit, encourage or condone the use of torture, or inhumane or degrading treatment, for any purpose.”
But former shadow home secretary David Davis said the claims from Pakistan served to “reinforce” allegations that UK authorities, at the very least, ignored Pakistani torture techniques.
“The British agencies can no longer pretend that ‘Hear no evil, see no evil’ is applicable in the modern world,” he added.
Last week HRW submitted evidence to parliament’s Joint Committee on Human Rights. The committee is to question Miliband and Jacqui Smith, the home secretary, over a legal loophole which appears to offer British intelligence officers immunity in the UK for any crimes committed overseas.
It has also emerged that New York-based HRW detailed its concerns in a letter to the UK government last October but has yet to receive a response.
The letter arrived at the same time that the Attorney General was tasked with deciding if Scotland Yard should begin a criminal investigation into British security agents’ treatment of Binyam Mohamed. Crown prosecutors are currently weighing up the evidence.
Hasan said that evidence indicated a considerable number of UK officers were involved in interviewing terrorism suspects after they were allegedly tortured. He told the Observer: “We don’t know who the individuals [British intelligence officers] were, but when you have different personnel coming in and behaving in a similar fashion it implies some level of systemic approach to the situation, rather than one eager beaver deciding it is absolutely fine for someone to be beaten or hung upside down.”
He accused British intelligence officers of turning a blind eye as UK citizens endured torture at the hands of Pakistan’s intelligence agencies.
“They [the British] have met the suspect … and have conspicuously failed to notice that someone is in a state of high physical distress, showing signs of injury. If you are a secret service agent and fail to notice that their fingernails are missing, you ought to be fired.”
Britain’s former chief legal adviser, Lord Goldsmith, said that the Foreign Office would want to examine any British involvement in torture allegations very carefully and, if necessary, bring individuals “to book” to ensure such behaviour was “eradicated”.


U.S. President Barack Obama takes part in a town hall meeting Concord Community High School in Elkhart, Indiana, February 9, 2009. “This is not change,” said ACLU executive director Anthony Romero. “President Obama’s Justice Department has disappointingly reneged” on his promise to end “abuse of state secrets.”(Reuters/Jim Young)
RIGHTS-BURMA: Junta Declares War on Lawyers, Jails Them
February 19, 2009By Marwaan Macan-Markar | Inter Press Service
MAE SOT, Thailand, Feb 19 (IPS) – To be a lawyer in military-ruled Burma is to court danger, invite arrest and risk being jailed in the country’s notorious prisons.
It is the price to be paid for what, in most countries, would be standard practice for the legal profession: defending a person facing a trial for an alleged crime that he or she has been charged with.
But the ongoing targeting of lawyers reveals that life marches to a different tune in the South-east Asian country that has been under the oppressive grip of a military dictatorship for the past 47 years.
More so if the legal battles involve the countries pro-democracy activists who dare to stand up, speak out and be counted among the eternally harassed opposition. More so if the ones facing charges in what are largely political trials have links to the National League for Democracy (NLD), the largest opposition party.
Saw Kyaw Kyaw Min is among the fortunate, though. The soft-spoken, slightly-built lawyer gave the authorities the slip in Rangoon, the former capital, and fled to Mae Sot in December to relate disturbing accounts of the new pressure on his profession.
‘’It is difficult for pro-democracy activists to get a fair trial in Burma,’’ said the 29-year-old during a late-night interview in the Thai town near the Burmese border that has become home to many political activists who have fled oppression back home. ‘’I did not have rights to talk with the political prisoners in private to prepare for their cases.’’
‘’There were times when a request to meet my clients were denied,’’ added Saw Kyaw Kyaw Min, whose legal practice has largely been dedicated to helping political activist from the NLD arrested for protesting against the junta. ‘’There were always men from military intelligence and the special branch monitoring the discussions I was having with my clients.’’
What prompted his flight to Thailand was when a judge hearing a case where Saw Kyaw Kyaw Min was appearing charged him and his colleague for coming to the defence of three clients during a trial in October last year. ‘’Our clients protested in court by turning their backs and saying that they didn’t trust the trial process,’’ he revealed.
Not so lucky was his colleague, Nyi Nyi Htwe. The latter was arrested at a teashop on Oct. 29 and is currently serving a six months jail term. The same sentence was handed down to Saw Kyaw Kyaw Min in absentia.
Since then, three other lawyers appearing for pro-democracy activists have been jailed. In early February, the authorities issued arrest warrants for six lawyers who have been defending political activists.
And if not that, the junta has pursued an alternative route to bar opposition figures from securing legal aid during their political trials. The outcome of a case that ended in mid-February is typical: the lawyers chosen to assist two elected parliamentarians were barred from attending court proceedings until their clients were sentenced to 15 years in jail.
‘’There is no rule of law in Burma,’’ says Bo Kyi, a former political prisoner who heads the Assistant Association for Political Prisoners in Burma, a human rights group based in this town. ‘’There is no separation of powers, no independence of the judiciary.’’
‘’It is getting more difficult for lawyers to defend political activists,’’ he revealed. ‘’The lawyers who appear for the activists are very brave. They don’t get much money and they know that their practice will suffer.’’
And the need for such lawyers with courage could not have been greater, he explained, in the wake of the on-going crackdown of all dissenting voices and the harsh jail terms handed down to leading, respected political activists.
In November last year, the courts handed down verdicts for 215 political activists who were linked to the pro-democracy street protests, led by thousands of Buddhists monks, held in September 2007.
A 21-year-old student was given a 104-year-sentence, a Buddhist monk who led the protests was given a 68-year-jail term, and leading female dissident was imprisoned for 65 years.
The junta’s aggressive use of the courts to target all political dissidents became clear in late 2003, following a 106-year-sentence handed down to a leading member of the Shan ethnic community, says Aung Htoo, general secretary of the Burma Lawyers’ Council. ‘’Since that time the regime started using the judiciary as a tool of oppression.’’
‘’This is the worst period for the non-independence of the judiciary,’’ he added. ‘’We are seeing outrageous rulings. The situation was bad before, but not this bad’’
And the judgements delivered after the political trials do not emerge from the court proceedings either. ‘’The Home Ministry instructs the judges and the prosecutors about the verdict they want,’’ says U Myo, a former state prosecutor who fled Burma for Thailand. ‘’They have to follow the orders.’’
Saw Kyaw Kyaw Min witnessed such travesty since he graduated in 2005 with a law degress from Burma’s Dagon University and began his practice.
‘’Once the trial starts, the judge, the prosecuting lawyers, the prosecuting officers, and the prosecution’s witnesses follow the (junta’s) instructions,’’ the lawyer noted in a statement released soon after he arrived in Mae Sot.
Abuse is rampant during the trial, too, he added. ‘’Questions asked in court by the defence lawyers are deemed inadmissible by the judge, and so are not officially recorded in the court transcript.’’
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Tags:military-ruled Burma, National League for Democracy, no rule of law, Nyi Nyi Htwe, political dissidents, prisons, targeting the lawyers
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