Scottish Human Rights Law Group

R (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)

This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship of UK and US intelligence services and the issue of the confidentiality afforded to them, among them the principles of open justice, non-disclosure and public-interest immunity.

Reports were provided to the UK government by the US government, on the detention and treatment of Binyam Mohamed, under surveillance for suspected terrorist threat. The consideration was the balance between national security and of the openness of the judicial system, both matters being in the public interest. It was held that the issue of confidentiality amongst allied intelligence services was not absolute and that summary reports on the individual in question should form part of the judgement, on the basis that there was no potential risk therein to threaten national security and that it was in the public interest to disclose the intelligence information.

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