Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January-June 2007 any responsibility for former UK residents at Guantánamo. While AI welcomed Bisher al-Rawi’s release, the organization noted that the UK’s belated intervention to secure his release and return occurred only following incriminating revelations about the UK’s involvement in the case, including Bisher al-Rawi’s alleged relationship with MI5 (the UK’s security service). In her letter to AI in April (see above), the Foreign Secretary stated that “the UK did not request the detention of either of the men [Bisher al-Rawi and Jamil el-Banna] in Gambia and did not play any role in their transfer to Afghanistan and Guantanamo Bay”. In its June letter to the UK authorities (see above), AI pointed out that, since AI became aware of the plight of these two men in 2002, it had emerged that, prior to the departure of Bisher al-Rawi and Jamil el-Banna for Gambia, MI5 officials had told their US counterparts that: a) at the time of the men’s arrest (and subsequent release without charge) in the UK, before they left for Gambia, a possible “improvised explosive device” had been found in the men’s luggage, while omitting to say that this device had already been examined and shown to be in fact a modified battery charger, commercially available in an unmodified form; b) the UK’s interest in the two men stemmed from the suspicion that they were associated with international terrorism; and c) the men intended to travel to Gambia, and subsequently that they had boarded a flight to Gambia, giving details of their arrival time. In light of all of this, AI considered that the UK was indeed implicated both in the detention of the two men in Gambia and in their subsequent transfer to Afghanistan and Guantánamo Bay. The provision by MI5 of the above-mentioned information to the US authorities had devastating consequences for both Bisher al-Rawi and Jamil el-Banna and their families. Furthermore, the failure of the UK authorities to correct the misinformation that MI5 initially sent to the CIA or to Amnesty International 135 respond to Bisher al-Rawi’s request for corroboration of his relationship with MI5 contributed to the continued detention of Bisher al-Rawi and Jamil el-Banna in Guantánamo Bay. AI exhorted the UK authorities to: a) establish a full, independent, impartial and thorough investigation into the UK involvement in rendition cases, including those of Bisher al-Rawi and Jamil el-Banna; b) communicate urgently to the US authorities that the UK has no objection to Jamil el-Banna’s return to the UK; and c) provide full reparations to both men. Police shootings Jean Charles de Menezes (update to AI Index: EUR 01/001/2007) The family of Jean Charles de Menezes applied to the Appellate Committee of the House of Lords (the Law Lords) for permission to appeal against a December 2006 ruling of the High Court. The latter had dismissed the legal challenge brought by the family against the July 2006 decision of the prosecuting authorities that no individual police officers should be prosecuted for murder or other homicide offences in connection with the killing of Jean Charles de Menezes in July 2005. At the end of the reporting period, the Law Lords’ decision on whether to grant permission to appeal was pending. In June, the High Court dismissed another legal challenge brought by the family of Jean Charles de Menezes against the decision of the Coroner to postpone the inquest into his death until the conclusion of the prosecution of the Office of the Commissioner of Police of the Metropolis under health and safety legislation. However, the High Court indicated that an inquest should be held, whatever the outcome of the criminal proceedings under health and safety legislation, and that an inquest would be essential to comply with the requirements of human rights law. AI Index: EUR 01/010/2007

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