The four-year Guantanamo Bay inmate Binmay Mohamed was apparently tortured in Pakistan and Morocco before being sent to Guantanamo. The High Court ruled that British security services took part in the unlawful detention of Mohamed in Pakistan. The judges ruled that the Foreign Secretary had a duty to provide information to Mohamed’s legal team which could strengthen the case that Mohamed had been tortured. 

An official court order for the handover of information has not yet been made in order to allow the Foreign Secretary to consider any national security implications. Whether ‘national security’ will trump ‘access to information’ remains to be seen. If Mohamed should be found guilty by the Military Tribunal he will face the death penalty.