Guantanamo detainee paid compensation by UK to settle torture complicity case | BBC News

Key Concepts

• Abu Zubeda: Palestinian man held at Guantanamo Bay for 24 years without charge, subjected to torture by the CIA.
• Waterboarding: Torture technique simulating drowning, used extensively on Abu Zubeda.
• MI5 & MI6: UK intelligence agencies that provided questions to the CIA during Abu Zubeda’s interrogations, despite knowledge of his mistreatment.
• Complicity in Torture: The legal basis of Abu Zubeda’s claim against the UK government.
• Guantanamo Bay: US detention camp established after 9/11, where Abu Zubeda remains imprisoned.

The Case of Abu Zubeda: UK Complicity and Ongoing Detention

This report details the substantial financial compensation paid by the UK government to Abu Zubeda, a Palestinian man held without trial at Guantanamo Bay for nearly 20 years, following his torture by the CIA. The case highlights the complicity of UK intelligence agencies, MI5 and MI6, in Zubeda’s mistreatment.

Initial Capture and CIA Torture (2002-2006)

Following the 9/11 attacks, Abu Zubeda was captured in Pakistan by the US. Initially, the US government claimed Zubeda was a high-ranking operative within al-Qaeda, stating he was “spending a lot of time…plotting and planning murder.” However, this claim is no longer maintained. For four years, Zubeda was held in secret CIA “black sites,” including a facility in Lithuania. He endured brutal torture, graphically depicted in his own drawings, most notably through repeated waterboarding. The report clarifies that Zubeda’s experience with waterboarding wasn’t merely “simulated drowning,” but actual drowning requiring resuscitation.

UK Intelligence Involvement

Crucially, the report reveals that MI5 and MI6 actively participated in Zubeda’s interrogation process. Despite being aware of the extreme mistreatment he was suffering, these agencies supplied questions to the CIA for use during interrogations. This collaboration raises serious ethical and legal concerns regarding the UK’s role in Zubeda’s torture.

Parliamentary Inquiry and Findings

Dominick Grev, who chaired a parliamentary inquiry into the case, stated that evidence showed the UK possessed information indicating the Americans were behaving in a manner that “should have been given us cause for real concern.” Grev’s inquiry found that the UK failed to raise these concerns with the US, or to cease cooperation, “for a considerable period of time.” This inaction is central to the legal claim brought by Zubeda.

Legal Settlement and Ongoing Rights Violations

Abu Zubeda pursued a legal claim against the UK government, alleging that its intelligence services were complicit in his torture. The case has now been settled out of court, with Zubeda receiving a “substantial sum of money.” However, the report emphasizes that the violations of Zubeda’s rights are not merely historical. His continued detention at Guantanamo Bay constitutes an ongoing injustice. As stated in the report, “These violations of his rights are not historic. They are ongoing.”

Current Status and Calls for Release

Abu Zubeda has been imprisoned in Guantanamo Bay for 24 years without charge. The UK government declined to comment on the specifics of the case, deferring responsibility for his release to the United States. The report concludes with a call for the UK, and other governments sharing responsibility for Zubeda’s situation, to actively work towards his release.

Technical Terms

• Waterboarding: A form of torture involving immobilizing a person and pouring water over their face to induce the sensation of drowning.
• Black Site: A secret, off-the-books detention facility operated by the CIA, often located in foreign countries, used for interrogating suspected terrorists.
• Complicity: Involvement in a wrongful act, even without directly committing it. In this case, the UK’s provision of questions to the CIA while knowing of Zubeda’s torture constitutes complicity.

Synthesis

The report exposes a disturbing case of prolonged unlawful detention and torture, compounded by the complicity of the UK intelligence services. While a financial settlement has been reached, the core issue of Abu Zubeda’s ongoing imprisonment remains unresolved. The case serves as a stark reminder of the ethical and legal implications of intelligence cooperation and the importance of upholding human rights, even in the context of national security.