Britain accused of war crimes over man held by US for eight years without trial

 

Human rights campaigners accused the British government of possible war crimes yesterday for failing to secure the release of a man held without trial for eight years by the Americans.

Yunus Rahmatullah, 30, was captured by UK special forces following the invasion of Iraq and handed over to the Americans, who eventually transferred him to Bagram air base. Despite US assertions that he is no longer considered a “security threat” he remains incarcerated in Afghanistan.

Yesterday the legal charity Reprieve failed to persuade the Supreme Court to come to Mr Rahmatullah's aid as it rejected the Pakistani's case by a majority of 5-2 that the British had not done enough to persuade the Americans to hand him over.

But the UK's highest court also rejected an appeal by the Foreign Secretary that the Court of Appeal had been wrong to issue a writ of habeas corpus – an ancient tenet of English law giving the legal right to be charged or released from arbitrary detention.

Yesterday Reprieve welcomed the Supreme Court's decision to dismiss the Government's appeal to overturn the writ of habeas corpus, adding that there should be a police investigation into whether “grave war crimes may have been committed”.

The charity said that the court had criticised the UK government for failing, on no less than three occasions, to request Mr Rahmatullah’s return, stating in the judgement: “The, presumably forcible, transfer of Mr Rahmatullah from Iraq to Afghanistan is, at least prima facie, a breach of article 49 [of the fourth Geneva Convention].  On that account alone, his continued detention post-transfer is unlawful.”  
The charity's Legal Director Kat Craig added: “The UK government has nowhere left to turn. The highest court in the country has expressed serious concerns that grave war crimes may have been committed as a result of which a police investigation must be initiated without delay.  The Court has also found that Yunus Rahmatullah’s detention is unlawful. Mr Rahmatullah, who has been imprisoned for over eight years despite being cleared for release by the US itself on the basis that he poses no threat, must now be released immediately.”
The law firm Leigh Day & Co, which represents Mr Rahmatullah, had argued that while he was in US custody he remained under UK control as part of a 2003 "memorandum of understanding" agreed between the two countries in accordance with the Geneva Convention that said any detainee would be returned without delay upon request.

Their challenge failed in the High Court in July last year but succeeded at the Court of Appeal in December, when three judges issued a writ of habeas corpus. But in February, appeal judges cancelled the release order after being told that US authorities were not going to "play ball" and that British ministers had "reached the end of the road”.

In a letter to the UK government, the Americans, said the US had already received a request from the Government of Pakistan for Mr Rahmatullah's repatriation, and that they considered it to be more appropriate to discuss the conditions of transfer directly with the Government of Pakistan.

During the appeal to the Supreme Court in July the government argued that the writ of habeas corpus should not have been issued while Mr Rahmatullah's cross appeal was that it should not have been discharged as the British ministers should have tried harder to persuade US authorities to hand him over. Both appeals failed.

Jamie Beagent, the lawyer at Leigh Day & Co representing Mr Rahmatullah, said: "We will be drawing the Supreme Court's findings to the attention of the Metropolitan Police who are currently investigating our client's case in relation to offences under the Geneva Conventions Act 1957.

"We call on the Government to engage with the US to bring to an end the ongoing breaches of the Geneva Convention in our client's case for which they are responsible.”

Start your day with The Independent, sign up for daily news emails
Arts and Entertainment
Brendan O'Carroll as Agnes Brown in the 2014 Mrs Brown's Boys Christmas special
tvCould Mrs Brown's Boys have taken lead for second year?
News
Members and supporters of the lesbian, gay, bisexual, transgender (LGBT) community walk with a rainbow flag during a rally in July
news
Sport
footballLive! Chelsea vs West Ham kicked off 10 Boxing Day matches, with Arsenal vs QPR closing the action
News
peopleIt seems you can't silence Katie Hopkins, even on Christmas Day...
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA year of political gossip, levity and intrigue from the sharpest pen in Westminster
News
i100
Arts and Entertainment
Jack O'Connell stars as Louis Zamperini in Angelina Jolie's Unbroken
film review... even if Jack O'Connell is excellent
Arts and Entertainment
Madonna is not in Twitter's good books after describing her album leak as 'artistic rape and terrorism'
music14 more 'Rebel Heart' tracks leaked including Pharrell Williams collaboration
News
news
Arts and Entertainment
Wolf (Nathan McMullen), Ian (Dan Starky), The Doctor (Peter Capaldi), Clara (Jenna Coleman), Santa Claus (Nick Frost) in the Doctor Who Christmas Special (BBC/Photographer: David Venni)
tvOur review of the Doctor Who Christmas Special
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Senior Marketing Executive- City of London, Old Street

£40000 - £43000 per annum + benefits: Ashdown Group: Senior Marketing Executiv...

Ashdown Group: Marketing Manager

£40000 - £43000 per annum + benefits: Ashdown Group: An international organisa...

Ashdown Group: Internal Recruiter -Rugby, Warwickshire

£25000 - £30000 per annum: Ashdown Group: Internal Recruiter -Rugby, Warwicksh...

Ashdown Group: Marketing Manager/Marketing Controller (Financial Services)

£70000 - £75000 per annum + benefits: Ashdown Group: Marketing Manager/Marketi...

Day In a Page

A Christmas without hope: Fears grow in Gaza that the conflict with Israel will soon reignite

Christmas without hope

Gaza fears grow that conflict with Israel will soon reignite
After 150 years, you can finally visit the grisliest museum in the country

The 'Black Museum'

After 150 years, you can finally visit Britain's grisliest museum
No ho-ho-hos with Nick Frost's badass Santa

No ho-ho-hos with Nick Frost's badass Santa

Doctor Who Christmas Special TV review
Chilly Christmas: Swimmers take festive dip for charity

Chilly Christmas

Swimmers dive into freezing British waters for charity
Veterans' hostel 'overwhelmed by kindness' for festive dinner

Homeless Veterans appeal

In 2010, Sgt Gary Jamieson stepped on an IED in Afghanistan and lost his legs and an arm. He reveals what, and who, helped him to make a remarkable recovery
Isis in Iraq: Yazidi girls killing themselves to escape rape and imprisonment by militants

'Jilan killed herself in the bathroom. She cut her wrists and hanged herself'

Yazidi girls killing themselves to escape rape and imprisonment
Ed Balls interview: 'If I think about the deficit when I'm playing the piano, it all goes wrong'

Ed Balls interview

'If I think about the deficit when I'm playing the piano, it all goes wrong'
He's behind you, dude!

US stars in UK panto

From David Hasselhoff to Jerry Hall
Grace Dent's Christmas Quiz: What are you – a festive curmudgeon or top of the tree?

Grace Dent's Christmas Quiz

What are you – a festive curmudgeon or top of the tree?
Nasa planning to build cloud cities in airships above Venus

Nasa planning to build cloud cities in airships above Venus

Planet’s surface is inhospitable to humans but 30 miles above it is almost perfect
Surrounded by high-rise flats is a little house filled with Lebanon’s history - clocks, rifles, frogmen’s uniforms and colonial helmets

Clocks, rifles, swords, frogmen’s uniforms

Surrounded by high-rise flats is a little house filled with Lebanon’s history
Return to Gaza: Four months on, the wounds left by Israel's bombardment have not yet healed

Four months after the bombardment, Gaza’s wounds are yet to heal

Kim Sengupta is reunited with a man whose plight mirrors the suffering of the Palestinian people
Gastric surgery: Is it really the answer to the UK's obesity epidemic?

Is gastric surgery really the answer to the UK's obesity epidemic?

Critics argue that it’s crazy to operate on healthy people just to stop them eating
Homeless Veterans appeal: Christmas charity auction Part 2 - now LIVE

Homeless Veterans appeal: Christmas charity auction

Bid on original art, or trips of a lifetime to Africa or the 'Corrie' set, and help Homeless Veterans
Pantomime rings the changes to welcome autistic theatre-goers

Autism-friendly theatre

Pantomime leads the pack in quest to welcome all