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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