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8/12/2019 UK Forces in Afghanistan Detaining Prisoners Illegally, High Court Rules 05-02-14
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5/2/2014 UK forces in Afghanistan detaining prisoners illegally, High Court rules - Middle East - World - The Independent
http://www.independent.co.uk/news/world/middle-east/uk-forces-in-afghanistan-detaining-prisoners-illegally-high-court-rules-9317286.html
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The detention policy adopted by the UK's armed forces in
Afghanistan is unlawful, the High Court has ruled.
Justice George Leggatt examined the case of Serdar Mohammed, an
Afghan farmer who was held without charge for over three months.
He found that the farmer was fairly captured and held for four days
but his continued imprisonment in UK military bases for 106 more
days violated Afghan, British and international law.
Mr Mohammed was arrested by British troops on suspicion of being
a Taliban commander in Helmand province in April 2010.
He claimed he was not allowed access to a lawyer while being held
without charge and was brutally tortured into giving a false
confession by Afghan security services at Lashkar Gah after being
News > World > Middle East
UK forces in Afghanistan detaining prisonersillegally, High Court rules
Ministry of Defence says Human Rights Act is being applied wrongly
LIZZIE DEARDEN
Friday 02 May 2014
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8/12/2019 UK Forces in Afghanistan Detaining Prisoners Illegally, High Court Rules 05-02-14
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8/12/2019 UK Forces in Afghanistan Detaining Prisoners Illegally, High Court Rules 05-02-14
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5/2/2014 UK forces in Afghanistan detaining prisoners illegally, High Court rules - Middle East - World - The Independent
http://www.independent.co.uk/news/world/middle-east/uk-forces-in-afghanistan-detaining-prisoners-illegally-high-court-rules-9317286.html
An Afghan policeman attached with US soldiers holds his machine gun
during a patrol along the outskirts of Kandahar City
Rights Act) to detain him for a further 25 days solely for the purposes
of interrogation and w ithout bringing him before a judge or giving
him any opportunity to challenge the lawfulness of his detention.
"Mohammed's continued detention by the UK for another 81 days for
'logistical' reasons until space became available in an Afghan prison
was also unlawful for similar reasons and was not authorised by the
UN Security Council.
“In addition, this further period of detention was arbitrary because it
was indefinite and not in accordance with the UK's own policy
guidelines on detention."
Three other Afghan nationals- Mohammed Qasim, Mohammed
Nazim and Abdullah (who has no surname) – have also brought
claims about their detention and the ruling could have far-reaching
consequences.
General Sir Nicholas Houghton, the chief of defence staff, said the
judgement caused operational concerns and applied “peace time”
laws out of context.
He added: “Our freedom to conduct detention operations and to
exploit detainees for intelligence is vital to our ability to protect the
lives of innocent civilians and our own forces.
“Any judgment which might inhibit our ability to operate in ways
which minimise casualties and protect our people is deeply
worrying.”
Mr Hammond, the Defence Secretary, said the Government would
appeal the judgement and look at other options if unsuccessful.
“We cannot send our Armed Forces into battle with both hands tied
behind their backs. Our troops engaged in operations must be able to
detain our enemies who aim to maim and kill UK service personnel
and innocent civilians,” he added.
“It cannot be right for the European Convention on Human Rights
to apply on the battlefield, restricting the ability of our troops to
operate in combat.”
Mr Mohammed cannot recover damages in English courts because
his imprisonment by UK forces was illegal under Afghan law but the
Convention gives him an ”enforceable right to compensation“.
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8/12/2019 UK Forces in Afghanistan Detaining Prisoners Illegally, High Court Rules 05-02-14
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5/2/2014 UK forces in Afghanistan detaining prisoner s il legally, Hig h Court rules - Middle East - World - The Independent
http://www.independent.co.uk/news/world/middle-east/uk-forces- in-afghanistan-detaining-prisoners-illegally-high-court-rules-9317286.html
British army soldiers look on during a ceremony to disband the British
millitary headquarters at Camp Bastion in Afghanistan's Helmand
province on April 1, 2014.
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Justice Leggatt said the MoD should not have been surprised by the
decision as there was “no legal basis” for detention beyond Isaf rules.
He said: "UK ministers nevertheless decided to adopt a detention
policy and practices which went beyond the legal powers available to
the UK. The consequence of those decisions is that the MOD has
incurred liabilities to those who have been unlawfully detained."
British forces joined the US army and Nato allies in Afghanistan in
2001 to fight al-Qaeda and remove the Taliban from power following
the September 11 attacks.
A helicopter crash last month took the number of British casualties in
the conflict to 453 and violence has increased as the withdrawal of
foreign forces continues.
A spokesman for law firm Leigh Day, w hich represented Mr
Mohammed, said: “When we send our troops abroad it is the
Ministry of Defence’s job to ensure that the mechanisms are put in
place to ensure that they operate within the rule of law.
“As the Court has made clear, the MoD fully understood the
parameters of the law regarding detention and yet they decided to
operate flagrantly outside those rules.”
Additional reporting by PA
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