Robert Jenrick has said ‘the public deserves answers’ after a Guantanamo Bay prisoner who claims Britain was complicit in his torture by the CIA has received ‘substantial’ payment.
The Shadow Justice Secretary has written to Justice Secretary David Lammy after Abu Zubaydah received a financial settlement following a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture.
In his letter to Mr Lammy, who is also Deputy Prime Minister, Mr Jenrick claimed ‘it is hard to see this as anything other than a payout’ and a deliberate ‘choice’ by the Government.
He also pointed towards the fact that the Attorney General, Lord Richard Hermer, has previously provided counsel to Zubaydah.
The Saudi-born detainee, 54, who has been held at the notorious detention camp in Cyba prison since 2006 despite having never been charged with or convicted of a crime, is still bidding for his freedom and would be ‘grateful’ for a safe state to offer him a home.
He was first captured in Pakistan by US forces in 2002 after it was alleged he was a senior al-Qaeda member following the 9/11 attacks. The US government later withdrew the allegation.
Zubaydah, then 31, was the first man subjected to CIA’s ‘enhanced interrogation’ techniques, which include sleep deprivation, slapping and waterboarding.
He alleged MI5 and MI6 knew he was being mistreated but still passed questions to the CIA for officials to use during interrogations.
But Mr Jenrick described the settlement as a ‘choice’ by the government, asking on ‘what authority’ the payment has been made.
‘He has been accused of running terrorist training camps in Afghanistan and acting as a central gatekeeper for jihadists plotting attacks against the West including Osama Bin Laden,’ Mr Jenrick wrote.
Abu Zubaydah has been held at the Cuba prison since 2006 despite having never been charged with or convicted of a crime
Zubaydah was the first man subjected to CIA’s ‘enhanced interrogation’ techniques, which include sleep deprivation, slapping and waterboarding. Pictured: Guantanamo Bay in Cuba
Robert Jenrick has written to David Lammy wanting answers after Abu Zubaydah received a financial settlement following a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture
‘He remains held in Guantanamo Bay by the USA under successive Presidents-owing to their belief he poses a security risk of the highest order.
‘Our government has not, and has never, called for his release.
‘Yet, reports confirm your Government has agreed a “substantial” payout. On what authority? Is there a court judgment ordering this? Has it been appealed?’
He added that the ‘last case before the UK Supreme Court did not order damages’, and that it ‘ruled only on a technicality regarding applicable law’.
‘This settlement is a choice,’ Mr Jenrick continued. ‘You have chosen to capitulate to lawfare rather than defend our security services in court.
‘How can it possibly be a priority to give him taxpayers’ money?’
Mr Jenrick highlighted the fact that Lord Hermer has previously provided counsel to Zubaydah.
He wrote: ‘And is this a decision by the Attorney General! Lord Hermer KC was Zubaydah’s lawyer.
‘He built the case against the Crown.
‘It is hard to see this as anything other than a payout engineered by the claimant’s former counsel, who now sits in the Cabinet that signs the cheque.’
Mr Jenrick then asked three questions ‘what is the exact sum we have paid?’, ‘why settle when the Supreme Court did not order it?’ and ‘when exactly did Lord Hermer recuse himself?’, saying that the ‘public deserves answers’.
Professor Helen Duffy, international legal counsel for Zubaydah, has now revealed a ‘substantial’ financial settlement has been reached. She cannot disclose the full amount for legal reasons, but said it ‘should enable him to re-establish a life and have a future’ if he is one day released.
Ms Duffy, international legal counsel for Zubaydah, told the Daily Mail: ‘It’s important, but it is insufficient. It’s really crucial that they now try to facilitate his release and relocation from Guantanamo Bay to a safe place.
‘While it is important, financial compensation is not enough to bring his nightmare to an end. What he wants is his freedom and his ability to try to live some kind of normal life, 24 years of which have been taken away from him.’
Prof Duffy admitted there is a ‘long way to go’ before he is released, but added: ‘I’m hopeful that this might catalyse the UK Government and other actors to pay more attention to this situation, to recognise that it’s not just something terrible that happened in the past, but that it’s still going on today and to take steps to try to bring it to an end.
‘Legally, there’s no basis for him to be detained. Morally, there’s no basis, there’s no security concern 24 years into this person’s detention without charge or trial. What is needed is political action by the UK and others.’
The lawyer could not disclose the full compensation amount but described it as ‘substantial’, adding: ‘I think it should enable him to be able to re-establish a life and have a future when he’s released from Guantanamo.
‘But the critical question is, will he be? And will the UK and others be willing to step up to make sure that that happens?’
Prof Duffy added: ‘I think it’s important to note that it’s not that difficult for the United Kingdom to offer to help the United States to bring this costly and irrational detention at Guantanamo Bay to an end.
‘They can offer to help to find him a place to live safely whether in the UK or elsewhere without any political or other cost to themselves.
‘He’s spent 24 years effectively in a cell in very dire detention conditions in Guantanamo.
‘What he wants is his freedom and what he is looking for is any safe state around the world to give him a home.
‘He would be very grateful for any offer. It doesn’t mean that he would come to the United Kingdom, but what we’re asking for is that the UK take steps to find a suitable home.’
Zubaydah brought a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture
Zubaydah is one of 15 prisoners who are still at Guantanamo Bay. He has been widely dubbed a ‘forever prisoner’
Zubaydah is still being held in Guantanamo Bay and cannot access the funds himself.
Dominic Grieve, the former attorney general who chaired a parliamentary inquiry that examined Zubaydah’s case, described the compensation as a ‘very unusual’ situation, but said what happened to him was ‘plainly wrong’.
He told the BBC the UK had evidence ‘the Americans were behaving in a way that should have given us cause for real concern’.
‘We should have raised it with the United States and, if necessary, closed down cooperation, but we failed to do that for a considerable period of time’, he added.
Zubaydah was captured in Pakistan in March 2002 in a raid by US and Pakistani security services.
His capture was hailed by President George W Bush at the time, who said he was a senior al-Qaeda operative who was ‘plotting and planning murder’.
Zubaydah was transferred between secret detention facilities for four years before being incarcerated at Guantanamo Bay in 2006.
US intelligence concluded that he was a militant in Afghanistan in the 1980s and ’90s, but never joined Al Qaeda and had no ties to the September 11 attacks.
He is believed to have acted as an assistant for the fighters in Afghanistan, working as a camp administrator and facilitator.
The US have vaguely accused him of knowledge of multiple terror attacks, although there is no evidence he was directly involved.
Zubaydah is one of 15 prisoners who are still at Guantanamo Bay. He has been widely dubbed a ‘forever prisoner’.
