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Guantanamo Bay: Binyam Mohamed

Volume 708: debated on Wednesday 4 March 2009

Questions

Asked by

To ask Her Majesty's Government what progress the Attorney General is making in investigating possible criminal wrongdoing by British and United States security services in the case of Mr Benyam Mohammed Al-Habashi; whether they will publish a report or make an announcement on the matter; and, if so, when. [HL1027]

The Home Secretary referred the question of possible wrongdoing by intelligence and security personnel in the Binyam Mohamed case to me on 23 October 2008. I was provided with the open and closed judgments of the Divisional Court in the case; transcripts of all the evidence given by witness B; the other evidence and submissions made to the court; and the Foreign Secretary's PII (public interest immunity) certificates, together with their sensitive schedules and associated documents.

I have also received material from third parties about the case.

After undertaking a preliminary review of this material I took the view that I should seek advice from the Director of Public Prosecutions. All the material provided to me has been made available to the DPP.

At this stage no decision has been reached and it would be premature to speculate as to the outcome of this consideration.

In performing this function as Attorney-General, I act wholly independently of government and in the public interest. Similarly the DPP acts as an independent prosecuting authority, subject to my statutory superintendence.

You will understand it is not possible to give a precise timescale. There is a substantial quantity of material to consider. Some of it is very highly classified and must be handled under the most secure conditions. It is being considered by specialist prosecutors within the CPS who are progressing this important work as quickly as possible.

I would intend to report to Parliament on my assessment. But you will understand that what can be said publicly at any given stage may depend on a variety of factors, including whether any police investigation is to follow (and the need to avoid prejudicing any such investigation and potential prosecution), and the need to protect national security.

Asked by

To ask Her Majesty's Government when the Attorney General will report a decision on whether further action will be taken in the case of Binyam Mohamed. [HL1725]

The Home Secretary referred the question of possible wrongdoing by intelligence and security personnel in the Binyam Mohamed case to me on 23 October 2008. I was provided with the open and closed judgments of the Divisional Court in the case; transcripts of all the evidence given by witness B; the other evidence and submissions made to the court; and the Foreign Secretary's PII (public interest immunity) certificates, together with their sensitive schedules and associated documents.

I have also received material from third parties about the case.

After undertaking a preliminary review of this material I took the view that I should seek advice from the Director of Public Prosecutions. All the material provided to me has been made available to the DPP.

At this stage no decision has been reached and it would be premature to speculate as to the outcome of this consideration.

In performing this function as Attorney-General, I act wholly independently of government and in the public interest. Similarly the DPP acts as an independent prosecuting authority, subject to my statutory superintendence.

You ask when I will report a decision on when further action will be taken. You will understand it is not possible to give a precise timescale. There is a substantial quantity of material to consider. Some of it is very highly classified and must be handled under the most secure conditions. It is being considered by specialist prosecutors within the CPS who are progressing this important work as quickly as possible.

I would intend to report to Parliament on my assessment. But you will understand that what can be said publicly at any given stage may depend on a variety of factors, including whether any police investigation is to follow (and the need to avoid prejudicing any such investigation and potential prosecution), and the need to protect national security.