Judges object to 'British Taliban's' detention but deny family appeal

Three senior judges have criticised the "objectionable" detention of a British Taliban suspect, who has been held without trial by the United States government since his capture in Afghanistan almost a year ago.

The Court of Appeal judges, headed by the Master of the Rolls, Lord Phillips of Worth Matravers, said Feroz Abbasi had been in "a legal black hole" after being taken to the American military base in Guantanamo Bay, Cuba.

But the court ruled that the Foreign Secretary, Jack Straw, could not be compelled to intervene in Mr Abbasi's case.

Mr Abbasi's mother, Zumrati Juma, from Croydon, south London, who brought a case against the Government on her son's behalf, had asked the courts to order the Government to make diplomatic protests to America about a breach of international law.

Lord Phillips said it was understood that Mr Abbasi was being held under a US military order, which excludes any right of access to any court in America or elsewhere.

In a summary to the judgment, Lord Phillips said: "The court does not express any view on whether Mr Abbasi's detention as an alleged enemy combatant may be justified as a matter of law. But it finds legally objectionable that Mr Abbasi should be subject to indefinite detention in territory over which the United States has exclusive control with no opportunity to challenge the legitimacy of his detention before any court or tribunal."

The judges' comments were backed by the Law Society, which urged the Government to make known the Court of Appeal's concerns to US authorities "without delay".

Lord Phillips said the Foreign Secretary was under a duty to give consideration to a request by a British subject to make representations about an injustice by a foreign state. He said the court had refused relief because it was clear that Mr Straw had already considered Mr Abbasi's request.

But he said it would not be appropriate to order the Secretary of State to make representations to the US as this would have an impact on the conduct of foreign policy at a "particularly delicate time".

Louise Christian, representing Mrs Juma, said after the judgment: "Although the court said it could not order the Government to make protests, the court has made its own protest ... It is virtually unprecedented for the court to give a direct message to the US Supreme Court, which is to hear an appeal over the finding that no court has jurisdiction in the matter."

Mrs Juma said: "I want my son out of Guantanamo Bay. It is encouraging that this appeal has opened up one or two avenues and we shall use those to proceed from here."

Mrs Juma lost touch with her son in 2000 after he began attending mosques in Croydon, and in Finsbury Park, north London. She did not hear of him until a list appeared of those detained by the US. Mr Abbasi, 22, is one of seven Britons detained at what is now called Camp Delta.

A Foreign Office spokesman said: "We welcome the court's decision that the Foreign and Commonwealth Office has done as much as Mr Abbasi could reasonably expect."

Tom Ridge, the US Director of Homeland Security, hinted during his visit to Britain yesterday that more detainees could be released from Guantanamo Bay. Asked about the ruling, he said: "As we learn more about [the detainees] and their relationship and role within the terrorist community there may be other releases." But he added: "These individuals were apprehended in circumstances that certainly warranted their detention."