British U-turn on residents held by US in Cuba

BRITAIN: The British government yesterday called on the United States to return five UK residents held without charge at Guantánamo…

BRITAIN:The British government yesterday called on the United States to return five UK residents held without charge at Guantánamo Bay in Cuba in a sudden reversal of policy which follows years of refusing to help the men.

British officials admitted the decision had come after relentless pressure from the men's families and lawyers, and had been made on the eve of a court decision which ministers feared could see them ordered to allow one detainee back into Britain.

The UK foreign secretary, David Miliband, wrote to his US counterpart Condoleezza Rice yesterday, asking for the return of men the Bush administration has accused of being terrorists.

The five, who all have residency in Britain and strong family ties but are not citizens, are Jamil el-Banna, a Jordanian; Shaker Aamer, a Saudi; Omar Deghayes, a Libyan; Binyam Mohamed, an Ethiopian; and Abdennour Sameur, an Algerian.

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They all say they suffered torture or ill-treatment in up to five years of detention by the US.

It is understood talks between London and Washington about returning the men have been under way for at least 14 months, with the US initially demanding Britain accept back all UK residents in Guantánamo and place them under 24-hour surveillance.

During recent discussions the US has suggested to Britain that a request for the five men's return may be granted, although many details still have to be settled.

The reasons for the government's U-turn remained unclear. Officials said ministers and their advisers had come to realise that the government's position - that the men were either still regarded as security risks or that their residency status had lapsed - was untenable. "The UK was calling for an end to Guantánamo Bay, yet was not doing all it could do [ to end it]," said one official. What made the British position appear worse was the change in the US approach, with Washington suggesting that the men were no longer regarded as threats to US national security.

In a joint statement yesterday, Mr Miliband and the UK home secretary Jacqui Smith warned that the release and return of the five men "may take some time". They added: "The government will of course continue to take all necessary measures to maintain national security."

The US ambassador to London, Robert Tuttle, said: "We will take the request to release them and study it very seriously and get back with all due, deliberate speed."

Families and supporters of the men expressed both delight and caution last night. Mr Deghayes's brother Abubaker said: "When I heard I was so happy, I was in tears. It's been a long, long terrible episode. Previous experience shows when the British government officially makes a request to the Americans they do manage to bring them back."

But his sister Amina was more cautious, saying she would not be able to celebrate properly until her brother was back in the UK. "Some people are telling me he is definitely coming back," she said. "Other people are saying they are going to request he come back and they may not be successful for a while."

In May, the Guardiannewspaper revealed that the US military had decided Mr Banna was no longer a security threat and was prepared to release him. But British authorities would not guarantee that he would be allowed back in the country, which meant he could be returned to his native Jordan.

Yet Britain accepts he was tortured in Jordan, which is why he was granted refugee status. The high court in London is due to rule tomorrow on whether the government would have to accept Mr Banna back.

Mr Banna's MP, Sarah Teather, said: "The government were frightened of losing the court case. They have been stalling and stalling until they thought they couldn't get away with it.

"The US are trying to clear out Guantánamo and, as their closest ally, we have a duty to help them. Abandoning British residents to indefinite imprisonment in obscene conditions was a gross dereliction of duty by the government."