UK supreme court says rendition of Pakistani man was unlawful

Yunus Rahmatullah has been imprisoned since he was handed by the SAS to US forces in 2004, but has never been charged

Undated Reprieve handout photo of Yunus Rahmatullah. Photograph: Reprieve/PA

Human rights campaigners have called for a full criminal investigation into the rendition of a Pakistani man by UK and US forces to Afghanistan, following a supreme court judgment describing his subsequent detention at the notorious US prison at Bagram as unlawful. Yunus Rahmatullah has been imprisoned ever since he was handed over by the SAS to American forces in Iraq in 2004, and has never been charged.

Lawyers for the man argued before the UK’s highest court that the government should apply pressure on the US to release him. The court of appeal had previously issued a writ of habeas corpus – an ancient law that demands a prisoner is released from unlawful detention – requiring the UK to seek Rahmatullah’s return or at least demonstrate why it could not. However, the US authorities refused to cooperate, arguing that they would discuss Rahmatullah’s situation with the Pakistani government.

Lawyers for William Hague and Philip Hammond, the foreign and defence secretaries, had argued that they had no power “to direct the US” to release him and that it would be inappropriate for the courts to instruct them to ask the US authorities to return Rahmatullah.

Rejecting this argument, a panel of seven supreme court judges ruled that the UK did not need to have actual custody to exercise control over his release. The UK’s most senior judges also declared that there was clear evidence that Rahmatullah’s rendition and detention was a breach of international human rights law, despite “memorandums of understanding” Britain had agreed with the US over treatment of detainees.

Lord Kerr said: “The, presumably forcible, transfer of Mr Rahmatullah from Iraq to Afghanistan is, at least prima facie, a breach of article 49 [of the fourth Geneva Convention]. On that account alone, his continued detention post-transfer is unlawful.”

Kerr also said that he would have “little hesitation in dismissing” arguments from former US assistant attorney general Jack Goldsmith asserting that al-Qaida operatives found in occupied Iraq were excluded from protection under the Geneva Conventions during armed conflict.

However, the court was split 5-2 in a decision to reject arguments by Rahmatullah’s lawyers that there was more that the UK government could do following the American’s refusal to respond to the habeas corpus writ. Rahmatullah was represented by legal charity Reprieve and solicitors Leigh Day, who argued that the UK should have made more effort to demand his release.

In a dissenting judgment, Lady Hale and Lord Carnwath said: “Where liberty is at stake, it is not the court’s job to speculate as to the political sensitivities which may be in play.”

Reprieve’s director, Clive Stafford Smith, said: “This powerful supreme court decision has huge ramifications. Clearly there will now have to be a full criminal investigation. But if the US has ‘dishonoured’ its commitment to the UK in this case for the first time in 150 years, and continues to violate law as basic as the Geneva conventions, this also throws other extradition agreements with the UK into doubt.”

Reprieve’s legal director, Kat Craig, added: “The UK government has nowhere left to turn. The highest court in the country has expressed serious concerns that grave war crimes may have been committed as a result of which a police investigation must be initiated without delay.”

Yunus Rahmatullah and Amanatullah Ali, both Pakistani men, are suspected of having travelled to Iraq to fight for al-Qaida. MI6 is understood to have tracked them as they travelled across Iran and into Iraq early in 2004. After they settled into a house in southern Baghdad a decision was taken to raid the building.

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Maya Wolfe-Robinson and Ian Cobain
guardian.co.uk, Wednesday 31 October 2012 14.59 GMT

Find this story at 31 October 2012

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

How CIA blood money led to family killing in Pakistan

Man suspected of shooting wife and daughter dead linked to US payout for Raymond Davis killings

A relative holds a picture of Faizan Haider, a 21-year-old Pakistani man whose family received a payout after he was killed by CIA contractor Raymond Davis. Photograph: Declan Walsh for the Guardian

In a neighbourhood where houses can cost up to £70,000, Shehzad Butt and his family stuck out from the moment they moved in. Unlike the privately educated children who spoke flawless English with American accents, Butt’s seven children spoke only Urdu. Butt himself – a former mechanic living alongside doctors and lawyers – would occasionally startle the Johar Town neighbourhood, in the south of Lahore, by climbing on to his roof and firing guns into the air.

But one thing the Butts did have in common with their genteel neighbours was money: a six-figure sum settled with the family when Butt’s son-in-law, Faizan Haider, was gunned down along with another man by a CIA contractor called Raymond Davis last year.

The money helped the Butts resettle, but, according to people who know the family, it ultimately destroyed them. Last month Butt’s wife, Nabeela, and his widowed daughter, Zohra Haider, were shot dead. Police suspect Butt killed the two women after a domestic row. He is believed to be on the run.

Relatives and the police all say the family’s misfortune stemmed from the compensation. The two families were reportedly paid 200m rupees, $2.22m, with around $250,000 going to the two widows. It, transformed the lives of Ms Haider’s parents and siblings when she returned to live with her family after her husband’s death.

“These people were low-status, both financially and in terms of caste,” said Asad Manzoor Butt, the family’s former lawyer. “They had no idea how to cope with that sort of money.”

Shehzad Butt, 55, who had been working for decades in the Gulf as a mechanic, returned to Lahore, invested in a small car dealership and moved his family from their old home on the grimy industrial fringes of Lahore. Where Johar Town is airy and green, their old neighbourhood of Ferozewala is a world of gloomy, narrow streets packed with rundown shops and overcrowded houses.

“If we hadn’t been forced into taking the money we would never be in this position,” said his nephew Mahzar Butt, sitting amid the gloom of a power cut in a cramped room in the family’s original home. “Zohra wanted justice, not money. The money led to disintegration within our family.”

Butt and his wife were said to have been fighting for weeks over the remarriage of their wealthy daughter, who had an infant son. Butt wanted one of his relatives to be her new husband but his wife preferred a man from her own family – a 45-year-old who lived in Dubai. Meanwhile, the parents of her dead husband wanted her to marry one of their other sons.

“Zohra controlled a lot of blood money that was in her name,” said Khalid Farooqi, the police inspector investigating the incident. “If she agreed to marry someone on her mother’s side the money would go there and her father would lose control over it. Perhaps he wanted to use it for some investment.”

Farooqi says domestic disputes leading to killings are not uncommon in Pakistan, “but not in these nice areas, only in the townships and poor localities”.

It was claimed that the daughter’s in-laws once turned up at the house in Johar Town to make their case for marriage, prompting a row. Fear of the in-laws was the reason why Butt kept weapons in the house, claimed Sheikh Asif, a childhood friend.

He also said Ms Haider’s fortune destroyed Butt’s once unchallenged position within the household. “He worked hard to support them, day and night, sending money back from the Gulf,” he said. “But then suddenly he was no one to them and they were out of his control.”

After the Davis shootout in Lahore, which the American claimed was an act of self-defence, the family came under enormous pressure to accept a blood-money payment that would let Davis go free, as allowed by Pakistani law. Barack Obama publicly insisted Davis was covered by diplomatic immunity and should be released, something the Pakistani government could not countenance, given public outrage and widespread anti-American feeling.

Manzoor Butt said he was thrown off the case and the family were bullied into making a decision by the “agencies”. “The family were told they could not stop this man from being released,” he said. “Either they take the money and Davis goes home, or Davis goes home anyway and you get nothing.”

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Find this story at 15 may 2012

Jon Boone in Lahore
guardian.co.uk, Tuesday 15 May 2012 12.50 BST

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.