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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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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