1:14pm Thursday 11th May 2006
By Yvonne Gordon
Kingston MP Edward Davey says it remains vital to press for Guantanamo Bay detainee Bisher al-Rawi to be returned to his family in New Malden and not to his native Iraq.
Mr al-Rawi has been held at Guantanamo Bay for nearly four years after what he claims was an illegal abduction by the CIA in The Gambia.
Last week, his family failed to persuade the High Court to make representations for his release.
Lord Justice Latham ruled against their claims at a judicial review on Thursday, May 4, saying the court had no duty to intervene on the family's behalf, because it didn't have enough knowledge about ongoing discussions between the US and British Governments.
Edward Davey, the MP for Kingston and Surbiton, said he was not worried the court's decision would affect Mr al-Rawi's case because Jack Straw had already written to the US Secretary of State Condoleezza Rice, requesting Mr al-Rawi's release.
"This court ruling doesn't affect Bisher's case, because the Government has confirmed they are making representations to the US on his behalf," said Mr Davey, who is in ongoing negotiations with the Home Office to ensure Mr al-Rawi's release.
He said it was still important to press for Mr al-Rawi to be able to stay in the UK once released.
He said: "There are two main issues, the first of which is that the British Government makes representations to get Bisher released and the second, to ensure he is released to this country and not Iraq.
"Two years ago, Jack Straw said Bisher might be released to Iraq, which is wrong as he has no family in Iraq."
A High Court hearing in March heard that Mr al-Rawi's alleged al-Qaeda connections through radical cleric Abu Qatada, were actively encouraged by British intelligence.
Mr al-Rawi's lawyers claim he was acting as an intermediary for MI5, which was not acknowledged by the British when he was detained.
Mr Davey said: "During the legal case brought in March, lawyers would have brought Bisher's work for MI5 out in the open.
"That would have been embarrassing for the Government, which is why they decided they would petition for him to be released.
"I have had confirmation from foreign minister Kim Howells and from Bisher's lawyer in Washington that a letter has been written to the US Government asking for his release.
"This is the biggest breakthrough in three years, but it has been a long time getting here.
"It is still frustrating because the letter, which I have not seen, only implies that he will be returned to the UK."
But formally, his "indefinite leave to remain" residence permit has expired. This happens automatically if the holder is absent from the country for more than two years.
However, his family argue this is unfair, as his absence was caused by being illegally abducted by the Americans.
Mr Davey said: "The Foreign Office has indicated an intention that Bisher could come back to the UK, but it is not clear how his entry would be sorted out."
Mr Davey has written to the Home Office requesting full details of the Government's formal representations for Mr al-Rawi's release and seeking clarification that he will be released back into the UK.
"Whether that will happen next week or next year remains to be seen," he said.
ygordon@london.newsquest.co.uk
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