Gagged Yet Parliament Listened

British troops who hand over prisoners in Iraq to US military personnel could find themselves facing prosecution, according to a legal opinion compiled for parliament. The finding has led to calls for the British government to rethink its current policy and investigate how the US treats its prisoners, and whether torture is employed against them.

Earlier this year the all-party parliamentary group on extraordinary rendition sought legal opinion from Michael Fordham QC on whether a human rights violation would arise under the European convention on human rights (ECHR) and the 1998 Human Rights Act (HRA) if an individual in British detention in Iraq were handed over to US military personnel, “despite substantial grounds for considering that there is a real risk of that person being subjected to torture or inhuman and degrading treatment”.

The conclusion reached by Fordham and his colleague Tom Hickman is that an offence would definitely have been committed. If acted on, the opinion could mean that UK troops would not be allowed to “render” detainees to the US military until it was clear that they would no longer face the possibility of torture or ill-treatment.

What prompted the inquiry was a statement made in February this year by Ben Griffin, a former SAS soldier who was on active service in Iraq. In his statement, Griffin said that he was “in no doubt” that individuals handed over to the US military “would be tortured”. He cited what had happened to those detained at Guantánamo Bay, Bagram airbase and Abu Ghraib prison.