Intelligence gathered by MI5 and MI6, even if obtained by torture, will never be disclosed in court proceedings under proposals published by the justice secretary, Kenneth Clarke.
A green paper (pdf) on what critics have called "secret justice" was prompted by a number of cases, notably those concerning Binyam Mohamed, a UK resident and terror suspect who says he was tortured with the knowledge of British security and intelligence agencies, and other British residents held in Guantánamo Bay with, they say, the connivance of MI5 and MI6.
In the Mohamed case, the appeal court released a summary of CIA intelligence revealing some of what MI5 and MI6 knew about the abuse and torture of terror suspects. The CIA was furious, and suspended some co-operation with MI6.
To prevent further evidence being disclosed in court, the Cameron government paid compensation to former Guantánamo detainees. Clarke revealed in the Commons on Tuesday that compensation amounted to about £20m and that 30 other cases were in the pipeline.
Under the government's plans, in future "sensitive" information held by MI5 and MI6 would be discussed in secret court hearings. "Special advocates", security-vetted and approved by the government, would see the information on behalf of individual defendants or claimants but not reveal it to them.
Clarke told a sparsely attended Commons: "In many cases, the facts cannot be fully established without reference to sensitive material. But this content cannot be used in open court proceedings without risking serious damage to national security or international relations."
He added: "The consequence is a catch-22 situation in which the courts may be prevented from reaching any fully informed judgment on the case because it cannot hear all the evidence in the case."
The government has proposed a sweetener – strengthening a little the powers of the parliamentary intelligence and security committee, though this body will continue to hear evidence in secret.
Isabella Sankey, the policy director of the civil rights group Liberty, said: "The security services seem to think that having to compensate former Guantánamo detainees for failing in their duty to them justifies closing down open civil courts into the future."
She added: "These payouts should encourage the avoidance of complicity in torture, not blatant attempts to halt centuries of British justice. Further inroads like this will make it even easier for the system to be abused – to prevent embarrassment, not protect national security."
Clarke said a consultation process would continue until January and that the government hoped to introduce legislation next year.
by Richard Norton-Taylor taken from http://www.guardian.co.uk/law/2011/oct/19/ken-clarke-secret-court-hearings
A green paper (pdf) on what critics have called "secret justice" was prompted by a number of cases, notably those concerning Binyam Mohamed, a UK resident and terror suspect who says he was tortured with the knowledge of British security and intelligence agencies, and other British residents held in Guantánamo Bay with, they say, the connivance of MI5 and MI6.
In the Mohamed case, the appeal court released a summary of CIA intelligence revealing some of what MI5 and MI6 knew about the abuse and torture of terror suspects. The CIA was furious, and suspended some co-operation with MI6.
To prevent further evidence being disclosed in court, the Cameron government paid compensation to former Guantánamo detainees. Clarke revealed in the Commons on Tuesday that compensation amounted to about £20m and that 30 other cases were in the pipeline.
Under the government's plans, in future "sensitive" information held by MI5 and MI6 would be discussed in secret court hearings. "Special advocates", security-vetted and approved by the government, would see the information on behalf of individual defendants or claimants but not reveal it to them.
Clarke told a sparsely attended Commons: "In many cases, the facts cannot be fully established without reference to sensitive material. But this content cannot be used in open court proceedings without risking serious damage to national security or international relations."
He added: "The consequence is a catch-22 situation in which the courts may be prevented from reaching any fully informed judgment on the case because it cannot hear all the evidence in the case."
The government has proposed a sweetener – strengthening a little the powers of the parliamentary intelligence and security committee, though this body will continue to hear evidence in secret.
Isabella Sankey, the policy director of the civil rights group Liberty, said: "The security services seem to think that having to compensate former Guantánamo detainees for failing in their duty to them justifies closing down open civil courts into the future."
She added: "These payouts should encourage the avoidance of complicity in torture, not blatant attempts to halt centuries of British justice. Further inroads like this will make it even easier for the system to be abused – to prevent embarrassment, not protect national security."
Clarke said a consultation process would continue until January and that the government hoped to introduce legislation next year.
by Richard Norton-Taylor taken from http://www.guardian.co.uk/law/2011/oct/19/ken-clarke-secret-court-hearings
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