David Miliband, who during his three years as Foreign Secretary was accused of obfuscating and frustrating attempts by the courts to investigate allegations of British agents’ involvement in torture, said last week he would be happy to co-operate with the newly-announced judge-led torture inquiry “if asked”.
Former Home Secretary David Blunkett, who held his post in the years immediately following the September 11 attacks said he would also co-operate if invited to do so. The inquiry is to be led by former Appeals Court judge Sir Peter Gibson, the intelligence services’ commissioner.
Human rights groups gave a cautious welcome to the inquiry, but admitted several questions about its operation remain unanswered and some expressed concern it might be used as an attempt to constrain the courts.
Judges led the way in overturning attempts by Mr Miliband and then Home Secretary Alan Johnson to conceal the true nature of interrogations of suspects – dubbed “torture” and “cruel and unusual” by the courts in the United States.
Mr Miliband claimed – before being forced to retract – that Britain had been warned by Washington that it would no longer get access to US intelligence on terrorist suspects if he allowed the courts to reveal the hitherto redacted details about torture of British nationals and residents snatched and detained by security services.
Shami Chakrabati, drector of Liberty, said it was essential the inquiry should be independent and have proper powers given that among the key people who knew of the interrogations are former Prime Minister Tony Blair and would-be PM David Miliband. She said it was “a question of the honour and soul of the Labour Party itself’”.
Tory MP Andrew Tyrie said it was now important “to engage with this process to ensure that the judge does a proper job, one that can command more public confidence than Sir John Chilcot has hitherto managed”.
Professor of International Law Philippe Sands QC pointed out that British agents may have been misled by current guidance and assurances from ministers and officials: complicity in torture is prohibited under Article 4 of the United Nations Convention Against Torture, thereby leaving them open to criminal prosecution.
