Judge's anger at US torture :Stinging comments

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Stinging comments come as America dismisses UN report on Guantánamo
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A high court judge yesterday delivered a stinging attack on America, saying its idea of what constituted torture was out of step with that of "most civilised nations". The criticism, directed at the Bush administration's approach to human rights, was made by Mr Justice Collins during a hearing over the refusal by ministers to request the release of three British residents held at Guantánamo Bay. The judge said: "America's idea of what is torture is not the same as ours and does not appear to coincide with that of most civilised nations." He made his comments, he said, after learning of the UN report that said Guantánamo should be shut down without delay because torture was still being carried out there.

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The UN inspectors refused a US offer to tour Guantánamo after they were barred from visiting the prisoners. The 40-page document is the UN's first to address Guantánamo. Scott McClellan, the White House press secretary, dismissed its findings as a "rehash of old allegations" and "a discredit to the organisation". "The detainees are being treated humanely," he said. "Remember these are terrorists." But in one of the strongest remarks yet by a British cabinet minister, Peter Hain said last night that the government believed the camp should be shut. Asked on the BBC's Question Time programme whether Tony Blair supported that view he said "I think so, yes".

The Bush administration has defined torture in narrow terms, referring to intense physical injury and organ failure. Controversy about the definition goes to the heart of allegations that the US has secretly used Britain to transport detainees to interrogation centres in countries where torture occurs, in the practice known as "extraordinary rendition".

Ministers have relied on US assurances that senior British lawyers have repeatedly questioned. In a law lords judgment last year, Lord Bingham referred to US techniques, including sensory deprivation and inducing a perception of suffocation, which, he said, would be defined as torture in British law. Mr Justice Collins said three British residents in Guantánamo could now seek a court order requiring the foreign secretary, Jack Straw, to petition for their release. The case, brought by Bisher al-Rawi, Jamil el-Banna, and Omar Deghayes, and relatives living in Britain, could be heard as early as next week.

http://www.guardian.co.uk/guantanamo/story/0,,1711833,00.html