Guantanamo Britons to get 'millions' in compensation

[Osem]

Around a dozen men, who accused British security forces of colluding in their torture overseas, are to get millions in compensation from the UK government.

Some of the men, who are all British citizens or residents, were detained at the Guantanamo Bay prison camp in Cuba.

http://www.bbc.co.uk/news/uk-11762636

Apparently their claims aren't being contested as that'd very likely cost more than compensating them and would expose the security services to too much public scrutiny. If that's true, where does it leave us if/when more people come out of the woodwork claiming torture at British hands or the complicity of MI5/MI6?

[punky]

I think its understandable that the government has taken the pragmatic approach and paid them to go away instead of trying to fight it

What does pee me off though is that the world knows we're a stupidly soft touch and we're foolish enough to let them exploit it. Along the chain of events there are countries, if the allegations are proven, that are far more culpable than us. You have the likes of the US, Pakistan and other Arabic/North African countries doing the torturing and countries like Poland offering logistics. I don't envisage anyone suing them (presumably because they'd tell everyone to sod off). The allegations against us are relatively trivial compared to those. Also the alleged victims' relationship with us is, at times, very tenuous.

It logically follows that now we'll have most of Hormone suing us.

I did speculate at the time why someone would want to live and seek asylum in a country complicit in their torture but I think now we know.

[Mr Angry]

Originally Posted by punky

I think its understandable that the government has taken the pragmatic approach and paid them to go away instead of trying to fight it

For "pragmatic" see: Allowing the case to proceed and losing it (as appears would have been an inevitability) would have cost many more millions in fees and settlements not to mention the damage to international standing.

Originally Posted by punky

What does pee me off though is that the world knows we're a stupidly soft touch and we're foolish enough to let them exploit it. Along the chain of events there are countries, if the allegations are proven, that are far more culpable than us. You have the likes of the US, Pakistan and other Arabic/North African countries doing the torturing and countries like Poland offering logistics. I don't envisage anyone suing them (presumably because they'd tell everyone to sod off).

I believe that the actions and active participation of several of these countries have yet to be addressed. As things sit the plaintiffs have succeeded in achieving a precedent in that they have been awarded compensation from the UK Government (self heralded as the seat of western democracy).

The fact that several of the countries you have identified have no clear guidelines or clearly stated positions on torture makes for a slightly more difficult path to be tread.

Originally Posted by punky

The allegations against us are relatively trivial compared to those.

They were "trivial" enough for the Government to feel inclined to pay out rather than go to court.

Originally Posted by punky

Also the alleged victims' relationship with us is, at times, very tenuous.

That may well be your personal opinion however the facts are that the Government (based on counsel afforded them by in excess of 60 legal professionals) has decided that compensation is payable to these individuals as British subjects / holders of British residency rights.

Originally Posted by punky

It logically follows that now we'll have most of Gitmo ("Hormone" as per Punkys' android predictive text) suing us.

And rightfully so if you ("us") have been complicit, or instrumental, in their illegal torture.

Originally Posted by punky

I did speculate at the time why someone would want to live and seek asylum in a country complicit in their torture but I think now we know.

It's most probably because (as opposed to the other countries you have listed) they;

a) Have / had a legal right to be in the UK and

b) There was a far greater chance of their holding the UK to account for its shortcomings in the face of its repeatedly stated position on torture.

Each of the plaintiffs in this particular case could have sued without their necessarily having to live in the jurisdiction. That aside, living in the UK and having had this decision in their favour means there is less likelihood of anything similar happening to them again in the future.

I think, affording consideration to the available evidence and the counsel afforded to the Government, that the settlements are rightfully due to these individuals (irrespective of their skin colour, nationality, or current home address).

[Pierre]

Why aren't they suing the good old US of A?

They may be innocent, they may be not.

Them winning this compensation doesn't make them innocent. I'm sure some are just as I'm sure some aren't.

If they are to be compensated, then as long as they're not receiving vast extravagant sums then, if that's what it takes for them to go away, then I suppose it's worth doing.

[Mr Angry]

Originally Posted by Pierre

Why aren't they suing the good old US of A?

They may be innocent, they may be not.

Them winning this compensation doesn't make them innocent. I'm sure some are just as I'm sure some aren't.

If they are to be compensated, then as long as they're not receiving vast extravagant sums then, if that's what it takes for them to go away, then I suppose it's worth doing.

I'm quite sure the USA (and others) will factor at some stage.

This particular case was based on allegations that the UK was complicit in torture - it has nothing to do, whatsoever, with the perceived guilt or innocence of the plaintiffs (had they been accused or charged).

Either way - as far as the UK is concerned torturing a person, whether guilty or innocent, is illegal.

They didn't "win" this compensation, they were offered / awarded it by way of an attempt to make them "go away" as you put it.

[punky]

Originally Posted by punky

It logically follows that now we'll have most of Hormone suing us.

That was supposed to read Gitmo not hormone. My phone auto corrected it.

Originally Posted by Mr Angry

I'm quite sure the USA (and others) will factor at some stage.

This particular case was based on allegations that the UK was complicit in torture - it has nothing to do, whatsoever, with the perceived guilt or innocence of the plaintiffs (had they been accused or charged).

Either way - as far as the UK is concerned torturing a person, whether guilty or innocent, is illegal.

They didn't "win" this compensation, they were offered / awarded it by way of an attempt to make them "go away" as you put it.

Do you think that the British gov is playing a good hand ,by offering the money will it mean that the prisoners won't be able to sue for being intered in the first place or is that a seperate issue ?
How many of the people intered were proven to be terrorists or terrorists in waiting ? my guess is not many so in my opinion all those who were intered have a good case for compensation from either the USA or Britain

[Mr Angry]

Originally Posted by martyh

Do you think that the British gov is playing a good hand ,by offering the money will it mean that the prisoners won't be able to sue for being intered in the first place or is that a seperate issue ?

Both parties have stated that their positions are reserved - which makes this very interesting.

Given that the plaintiffs haven't withdrawn their allegations I think that it is entirely reasonable to assume that they are intent on pursuing other states on this matter.

Any such course of action will be very, very interesting.

Originally Posted by martyh

How many of the people intered were proven to be terrorists or terrorists in waiting ? my guess is not many so in my opinion all those who were intered have a good case for compensation from either the USA or Britain

Certainly if someone has been illegally detained they might seek restitution by way of compensation. However, as pointed out above, these issues are an aside to matters such as guilt or innocence in that they specific to the use of torture.

Recent comments by George Bush will have done nothing to help those who have long protested that torture was neither a tool available to them nor used by them.

I'm left wondering who will be the ultimate beneficiary of any money paid out.

I would hate to think that it will end up in the coffers of terrorists because it would be so beyond ironic.

Originally Posted by Maggy J

I'm left wondering who will be the ultimate beneficiary of any money paid out.

I would hate to think that it will end up in the coffers of terrorists because it would be so beyond ironic.

That is the problem ,one suspect inline for a payout is Binyam Mohamed ,he was alledgedly travelling on a false passport with a now convicted terrorist when he was picked up ,obviously not a little angel ,but that is not proof of guilt nor is it reason to torture even if guilty of terrorism ,nor in my opinion is/was internment the answer.If it turns out that the Americans allegations towards him were true and he was trained in bomb making ,and he did attend paramilitary training in Al-Farouq then i have no doubt that some or all of his compensation will find it's way to Al-Qaeda or similar ,but that is ultimately the fault of the Americans imo for allowing torture