Saturday, May 03, 2014

Detention ruling shackles troops, says Philip Hammond --- Ruling that detention of Serdar Mohammed, an Afghan farmer from Helmand province, for 106 days was unlawful will tie the hands of soldiers abroad, warns Defence Secretary -- The detention policy used by the Armed Forces in Afghanistan was unlawful, the High Court has said. -- After the ruling, Philip Hammond, the Defence Secretary, said the decision would tie the hands of soldiers abroad. -- The issue formed part of the damages claim brought by Serdar Mohammed, an Afghan farmer from Helmand province, who was captured in April 2010 on suspicion of being a Taliban commander. -- He alleged that he was tortured into giving a false confession after being transferred to a base at Lashkar Gah. -- His allegations, particularly those of ill-treatment at the hands of British soldiers, are strongly disputed. -- Mr Hammond wanted to contest them at a full trial but Mr Mohammed instead applied for preliminary issues, relating to the lawfulness of his detention between April and July 2010, to be determined. -- Mr Justice Leggatt said Mr Mohammed’s arrest on April 7 and initial detention for four days was lawful. -- However, his continued detention on British military bases for a further 106 days was unlawful. Mr Justice Leggatt said the Human Rights Act covered the detention of Mr Mohammed by the Armed Forces. -- Mr Hammond said he was disappointed by the ruling. “We cannot send our Armed Forces into battle with both hands tied behind their backs,” he said. -- “Our troops … must be able to detain our enemies who aim to maim and kill UK service personnel and civilians. - More, Daily Telegraph

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