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Homeland Security


Foreign and Commonwealth Office

19 February 2004

STATEMENT BY THE FOREIGN SECRETARY ON RETURN OF BRITISH DETAINEES

I am going to make a statement concerning the 9 British citizens
detained at Guantanamo Bay.

The Al Qaida terrorist attacks on September 11th 2001 killed over
3,000 people, from more than 90 countries, including 67 British
citizens.

This was the most appalling terrorist atrocity the world had ever
seen.

In response to those attacks, a coalition of countries came together
to launch a military campaign against Al Qaida and its supporters to
remove them from their stronghold in Afghanistan. As a result,
individuals believed to be Al Qaida or Taliban fighters, or their
supporters, were detained by coalition forces.

The vast majority of these individuals were released, but a number
who were deemed to pose a substantial risk of returning to the
conflict were sent by the US to its detention centre in Guantanamo
Bay to be detained, and to be questioned about their knowledge of Al
Qaida's activities. As a result valuable information has been gained
which has helped to protect the international community from further
Al Qaida and related terrorist attacks.

The UK Government has been in frequent and regular contact with the
United States authorities concerning the 9 British detainees. British
officials have visited Guantanamo Bay 6 times to check on the
detainees' welfare. We have kept their families, and Parliament,
informed.

In July 2003, two of the British detainees were designated by the
United States authorities as eligible to stand trial by the US
Military Commissions being established to deal with the detainees.

The British Government has made it clear that it had some concerns
about the Military Commission process. Consequently, the Prime
Minister asked the British Attorney- General to discuss with the US
authorities how the detainees, if prosecuted, could be assured of
fair trials which met international standards.

The Attorney General has held a number of discussions with the US
authorities about the future of the detainees. These have been
paralleled by discussions between myself and US Secretary Powell and
between British and US officials. There have been many complex issues
of law and security which both Governments have had to consider.
Although significant progress has been made, in the Attorney
General's view the Military Commissions, as presently constituted,
would not provide the type of process which we would afford British
nationals.

Our discussions are continuing.

In the meantime, we have agreed with the US authorities that 5 of the
British detainees will return to the UK. They are:

- Rhuhel Ahmed
- Tarek Dergoul
- Jamal Al Harith
- Asif Iqbal
- Shafiq Rasul

These men will be flown home to the UK in the next few weeks.

Once the detainees are back in the UK, I understand that the police
will consider whether to arrest them under the Terrorism Act 2000 for
questioning in connection with possible terrorist activity. Any
subsequent action will be a matter for the police and the Crown
Prosecution Service so it would be not be right for me to comment
further.

We are still discussing with the US authorities the situation of the
other 4 British detainees. They are:

- Feroz Abbasi
- Moazzam Begg
- Richard Belmar
- Martin Mubanga

There are a range of security and other issues, which we and the
Americans need to consider in respect of the 4 men. But our position
remains that the detainees should either be tried in accordance with
international standards or they should be returned to the UK.

Thank you.




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