Outcry over MoD ‘torture loophole’

A former minister and a leading QC have joined human rights campaigners in condemning a secret Government policy on intelligence-sharing which critics say could lead to the abuse of detainees.

A freedom of information request from the Rendition Project has shown that an internal Ministry of Defence (MoD) policy document allows ministers to approve passing information to allies, even if there is a risk of torture.

The Guardian says that the “discreetly rewritten” document “does not completely rule out obtaining intelligence via the illegal practice”.

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The MoD policy states “that there might be circumstances where ministers can authorise intelligence-sharing where there is serious risk of torture”, says Kirsty Brimelow, former chairwoman of the Bar human rights committee.

There has been widespread alarm over the revelation, not least from Brimelow herself. “The law on prohibition of torture, without exception, is clear and established internationally and nationally. So this document is supporting ministers breaking the law by use of their executive power,” she said.

Human rights organisation Reprieve says the policy “not only permits action which could expose officials or ministers to civil and criminal liability, but actively acknowledges that such action may be unlawful, while suggesting officials and ministers may continue regardless”.

Writing in The Times, former cabinet minister David Davis called on new Defence Secretary Penny Mordaunt to scrap the policy, saying it “betrayed” British values. “Torture never works and is always wrong... Does the British government never learn?” he asks.

However, some have defended the policy. Lord Carlile of Berriew, the former independent reviewer of terrorism legislation, told The Times it is “a proportionate approach to difficult questions, which will arise rarely. It is not in breach of international law”.

The MoD said: “All our policy and activities in this area comply with the Cabinet Office’s consolidated guidance.”