Government ‘must disclose Guantánamo evidence’

[NurseDown]

The Government must disclose publicly all evidence used in a civil damages claim being brought by six former Guantánamo Bay detainees, the Court of Appeal ruled. Binyam Mohamed and other former prisoners are seeking to sue the Government for complicity in torture, and the Government and security services wanted to present information in secret in their defence at the High Court.
But Lord Neuberger, the Master of the Rolls who headed a panel of three appeal judges, declared that it was not open to the courts to order a closed material procedure in an ordinary civil claim.
He said: ”The primary reason for our conclusion is that, by acceding to the defendants’ argument, the court, while purportedly developing the common law, would in fact be undermining one of its most fundamental principles.”

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