RENDITION & TORTURE

Former cabinet minister David Davis is pressing the Prime Minister to order a judge-led inquiry into Britain’s involvement in the mistreatment of terror suspects – or face the prospect of a legal challenge.

In a major intervention, the former Brexit Secretary calls on Theresa May to set up an independent probe to investigate UK complicity in “wicked” torture and rendition during the so-called “war on terror”.

Failing to fulfil the Tory party’s pledge to hold an inquiry, chaired by a senior judge, into the abuse of captives will mean never discovering the truth about some of Britain’s “darkest days”, he says.

Mr Davis has backed a hard-hitting letter to Downing Street on torture signed by senior MPs.

It comes just weeks after he quit the Cabinet in disgust at Mrs May’s Chequers blueprint for leaving the EU.

He claims that Government inaction following confirmation that Tony Blair’s New Labour and the security services colluded with the US’s torture programme after 9/11 also contributed to his decision to walk out.

Mr Davis condemns Mrs May for hindering the search for the truth by preventing British agents from giving crucial evidence to Parliament’s Intelligence and Security Committee (ISC).

He says: “If the Government rejects the cross-party calls then they will open themselves up to being challenged in the courts. That is an outcome none of us wants to see. We have to hope common sense prevails.”

He also says it was “amazing” that Mr Blair and his ministers appeared not to have questioned spy chiefs about their actions, which raised the prospect that they were “deliberately avoiding asking them to maintain deniability”.

The letter, written by the All-Party Parliamentary Group on Rendition, argues that a judge-led inquiry is the “only way to get to the bottom of this shameful episode in our recent history and draw a line under it”.

A damning ISC report in June said British spy chiefs tolerated “inexcusable” mistreatment of terror suspects in the years after 9/11. The 152-page dossier, which took three years to compile, laid bare in unprecedented detail the UK’s complicity in torture and “extraordinary rendition”, where suspects are flown to another country for imprisonment and interrogation.

Mrs May said the security and intelligence agencies “regretted” not recognising sooner the “unacceptable practices”. But the Government said only that it would give “careful consideration” to holding a judge-led inquiry and make a decision within 60 days – around August 27.

Former prime minister David Cameron supported such an inquiry and appointed judge Sir Peter Gibson in 2010 but the probe was scrapped in 2012 before completing his work.

A spokesperson for the human rights charity Reprieve said: “The Prime Minister should listen to her colleagues and call an independent judge-led inquiry, to ensure Britain learns from its mistakes.”

MR Davis says any government that permits UK involvement in torture should be held to firmly account. Unfortunately, he declared, this has not happened in cases where UK ministers and officials got mixed up in “war on terror”- era torture.

That is why Theresa May should deliver on the Government’s long-standing commitment to launch an independent judge-led inquiry into these matters. That is the only way we can ensure we don’t become complicit ever again.

The reports revealed Tony Blair’s ministers planned and bankrolled score of illegal kidnap operations and allowed the UK to become involved in hundreds of cases where officials knew of or suspected abuse.

In one incident cited an MI6 officer took part in the questioning of a detainee alongside US personnel before witnessing the man being driven in a “6ft sealed box” to be illegally rendered on an American plane.

The report also details the account of one British agent describing an American “Torture Centre” in Iraq, to which the UK military were no longer allowed to send detainees as a result of what went on there.

In what the ISC report condemns as an unacceptable “workaround”, MI6 simply took detainees held there to an adjacent cabin, where they could be interviewed, before being sent back to their abuse.

In another incident, an MI6 officer was assisting with a US interrogation – until being asked to leave the room, so that the US official could “rough up” the detainee without any witnesses present. When the UK officer returned, the ISC report describes the detainee as visibly hurt.

These revelations, Mr Davis says, represent only the tip of the iceberg, as the Parliamentary committee investigating UK involvement in torture was barred by Downing Street from following critical leads.

Roadblocks thrown up by No 10 meant the ISC was able to question 13 times fewer witnesses than it sought. This led to its chairman, in his own words, to “draw a line” under the committee’s efforts.

This interference by government means that despite the reports’ damning findings there are too many gaps and unanswered questions. The need for a full, independent, judge-led inquiry is clear.

When the Conservatives entered government in 2010, the party rightly promised that it would get to the bottom of Britain’s involvement in these practices, and make whatever changes were needed to stop them happening again. The job has been started, but it remains incomplete. Mr Davis says this is not about blaming individuals who were undoubtedly operating under extreme and highly pressured conditions, but that we will never be able to understand what those on the ground understood their orders to be unless they can be asked.

What were they being told? What information were they feeding back? And what questions were they raising with their supporters?

ALSO central to understand is what ministers at the time knew about the operations they were signing off on. Amazingly, it seems that they were not asking questions of the agencies about what was being sanctioned.

Did they fail to do this because they wrongly assumed everything was in order? Or were they deliberately avoiding asking them to maintain deniability?

An inquiry into these issues must be led by someone untainted by a connection to the intelligence services. It is also clear that the chair must have full legal powers to compel the production of evidence.

Measures will, of course, need to put in place to protect genuinely sensitive material, but it is perfectly possible for this to be done while ensuring that relevant testimony is publicly heard.

If the Government rejects the cross-party calls then they will open themselves up to being challenged in the courts.