A terror suspect who was represented by Keir Starmer's law chief has been handed a 'substantial' payout by the UK, sparking outrage among Tory MPs. Abu Zubaydah, who has been detained by the US authorities since his capture in 2002 in the wake of 9/11, launched a legal fight claiming that Britain was complicit in his torture by the CIA. His case was led by Lord Hermer, a human rights specialist before he was appointed Attorney General, as it was opposed by the then-Conservative government, reports the Daily Mail.
But Zubaydah, a 'forever prisoner' in the notorious Guantanamo Bay military jail, has now been handed a massive out-of-court compensation package, leading to questions for Labour and its law chief. Shadow justice secretary Robert Jenrick branded it a 'payout engineered by the claimant's former counsel, who now sits in the Cabinet that signs the cheque'.
In a letter to Justice Secretary David Lammy, he branded the settlement a 'choice' made by the Labour Government and called on Mr Lammy to explain on 'what authority' the payout had been made. '[Zubaydah] has been accused of running terrorist training camps in Afghanistan and acting as a central gatekeeper for jihadists plotting attacks against the West, including Osama Bin Laden,' Mr Jenrick wrote. 'He remains held in Guantanamo Bay by the US under successive presidents – owing to their belief he poses a security risk of the highest order. Our government has not, and has never, called for his release.'
Zubaydah, 54, has been held in the US naval base in Cuba since 2006, despite having never been charged with or convicted of a crime. He was captured in Pakistan by US forces in 2002 after it was alleged he was a senior Al Qaeda member. The US government later withdrew the allegation. Then 31, he was the first man subjected to the CIA's 'enhanced interrogation' techniques, which include sleep deprivation and waterboarding.
Zubaydah alleged that MI5 and MI6 knew he was being mistreated but still passed information and questions about him to the CIA, which they could use during interrogations, states the report. He brought a legal claim against the UK, arguing that the country's intelligence services were 'complicit' in his torture.
Lord Hermer KC represented Zubaydah before joining the Government, arguing that British officials knew that he was being 'subjected to extreme mistreatment and torture by the CIA at secret black sites'. But Mr Jenrick said the 'last case before the UK Supreme Court did not order damages', and that it 'ruled only on a technicality regarding applicable law'. Lord Hermer has previously faced criticism over alleged conflicts of interest linked to his previous work as a human rights barrister.
Mr Jenrick told the Daily Mail: 'Yet again we find Lord Hermer embroiled in scandal. He spent his life subverting Britain's interests and simply cannot be trusted to put the British people first.' But a government source accused Mr Jenrick of 'rampant hypocrisy', pointing out that Tory shadow attorney general Lord Wolfson is currently working for sanctioned Russian oligarch Roman Abramovich.
Former attorney general Dominic Grieve said ministers should explain why the UK had taken the 'very unusual' step of paying compensation to Zubaydah. Mr Grieve, who chaired a parliamentary inquiry that examined Zubaydah's treatment, said what happened to him was 'plainly wrong' and told the Guardian that the 'Government ought to make a ministerial statement' on the case.
Professor Helen Duffy, international legal counsel for Zubaydah, said a 'substantial' financial settlement had been reached with the Government, but she was unable to disclose the full amount for legal reasons. He will not see a penny of it while he remains locked up but Professor Duffy called for the UK to either give him a home or help him find one.
