Ex-Guantánamo inmates take on MI5 and MI6 over courtoom secrecy

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Source: The Guardian

An attempt by MI5 and MI6 to extend courtroom secrecy has led to a legal battle at the supreme court, with lawyers representing former Guantánamo inmates and the media denouncing the proposal as "unconstitutional and excessive".

The bid follows high court proceedings brought by former detainees at the US prison which prompted the disclosure of classified documents revealing the depth of UK involvement in the post 9/11 rendition programme, despite ministers being warned that detainees were being tortured. Lawyers for the intelligence agencies, the Foreign Office and Home Office, are arguing that the special advocate process should be extended to the civil courts. The process is used in control-order cases and some terrorism-related immigration cases. Sensitive material is disclosed to vetted barristers who can then make submissions to the courts but not discuss what they have seen with their clients or others in their legal team.

Lawyers for the Guardian, the Times, BBC, and rights groups Liberty and Justice, have intervened, arguing that the supreme court has no constitutional authority to extend court secrecy, which would require an act of parliament. They will also suggest that such secrecy would infringe the constitutional right of open justice, and could be adopted without limits in any civil proceedings.

The government is appealing against a court ruling that rejected the proposal.

Read more: http://www.guardian.co.uk/law/2011/jan/24/guantanamo-inmates-supreme-court-battle