Secret courts 'will conceal UK complicity in torture'

Behind closed doors
Wednesday 12 September 2012 by Jonathan Rayner

The UN special rapporteur on torture has said that so-called ‘secret courts’ could be used to suppress evidence of British collusion in torture.

Professor Juan Mendez, speaking at the thinktank Chatham House on 10 September, became the latest high-profile figure to criticise UK government plans - outlined in the Justice and Security Bill - to require courts to hear evidence in closed proceedings where issues of national security are involved.

Mendez, who was himself tortured by the Argentine junta during that country’s ‘dirty war’ in the 1970s, said: ‘If a country is in possession of information about human rights abuses, but isn't in a position to mention them, it hampers the ability to deal effectively with torture.’

British ministers, including former justice secretary Kenneth Clarke, have defended the use of closed material proceedings on the grounds that they protect the UK’s intelligence-sharing relationship with the US and other friendly governments. They argue that disclosing information obtained through covert means in court could put lives in jeopardy and expose sources of sensitive information.

In April, Parliament’s joint committee on human rights said that the government’s proposals would have a ‘very considerable impact’ on the reporting of matters of public interest and concern, and would reduce public confidence and trust ‘in both the government and the courts’.

The Justice and Security Bill had its second hearing in the House of Lords in July. The Liberal Democrats continue to oppose it, maintaining that closed material procedures were not part of the Liberal Democrat or Conservative manifestos in 2010, or part of the coalition agreement.

Comments

This is a classic example of

This is a classic example of an area where the Law Society should engage vigorously with the politicians on the consequences of a contentious Bill.

Highlighting to the public in a high profile way for instance, the tensions highlighted by J S Mill in his classic essay "On Liberty" between personal liberty and the public interest, could enhance the reputation of the profession and help to undermine the notion that lawyers are always simply concerned with the greedy generation of wealth for themselves.

The profession must rebuild its reputation and the best way of doing this is by campaigning loudly and making sure everybody knows about it.

What a contrast there would be between this state of affairs and the current position of the profession, constantly having to defend the indefensible, for example, the payment of referral fees or blatant conflicts of interest.