MI5 rapped over rendition role

The role that Britain's security services have played in the 'War on Terror' came under the spotlight yesterday as the High Court ruled that MI5 had taken part in the unlawful interrogation of a British resident now held at Guantanamo Bay.

Binyam Mohamed was arrested in Pakistan in 2002 after, the UK and US authorities allege, attending al Qaeda terror camps in Afghanistan - a charge that he strenuously denies.

While in custody in Pakistan, Mohamed was questioned by an MI5 officer, before the 30-year-old was secretly rendered to Morocco, where he claims he was tortured by having his penis cut with a razor blade during interrogation. He was subsequently flown to the Guantanamo Bay detention centre by the Americans.

Lord Justice Thomas and Mr Justice Lloyd Jones concluded that "the conduct of the security service facilitated interviews by or on behalf of the United States when [Mohamed] was being detained by the United States incommunicado and without access to a lawyer," referring to the interrogation in Pakistan, which was illegal under that country's law.

The judges continued that "the relationship of the United Kingdom government to the United States authorities in connection with [Mohamed] was far beyond that of a bystander or witness to the alleged wrongdoing," essentially charging MI5 with abetting in the illegal treatment of Mohamed.

It further emerged yesterday that an MI5 officer had refused to be questioned by the judges, even in private, for fear of incriminating himself.