GUANTANAMO BAY: FORMER UK RESIDENTS

The Foreign Secretary and the Home Secretary have decided to request the release from Guantanamo Bay and return to the UK of five men who, whilst not UK Nationals, were legally resident here prior to their detention. The Foreign Secretary has written today to US Secretary of State Condoleezza Rice to formally make this request.
 
The Government welcomes recent steps taken by the US Government to reduce the numbers of those detained at Guantanamo Bay and to move towards the closure of the detention facility.  These steps include an increasing emphasis on engagement with third countries over the transfer and resettlement of those detained. 

The Foreign Secretary and Home Secretary have reviewed the Government’s approach to this group of individuals in light of these ongoing developments, our long-held policy aim of securing the closure of Guantanamo Bay, and the need to maintain national security. 

They have decided to request the release and return of the five detainees who have links to the UK as former residents, having been granted refugee status, indefinite leave or exceptional leave to remain prior to their detention: Mr Shaker Aamer, Mr Jamil El Banna, Mr Omar Deghayes, Mr Binyam Mohamed and Mr Abdennour Sameur. Our representations are limited to those with links to the United Kingdom as evidenced by their past lawful residence here.

Discussions with the US Government about the release and return of these five men may take some time. The Government will of course continue to take all necessary measures to maintain national security. Should these men be returned to the UK, the same security considerations and actions will apply to them as would apply to any other foreign national in this country.

Notes for Editors

• By January 2005, the Government had secured the release and return of all the UK nationals detained in Guantanamo Bay.  But we have not, so far, requested the release and return of this group of individuals. The Government's decision not to do so was upheld by High Court and Court of Appeal rulings last year.
• The Courts accepted our judgement that requesting the return of individuals who were not British nationals would have been ineffective: the US had made clear that they did not intend to negotiate with third countries regarding non-nationals. We judged that it would also have been counter-productive, at that time, to our wider aim of securing closure of the detention facility. As set out above, the situation has now changed and the Foreign Secretary and Home Secretary have reviewed the Government’s approach in light of these circumstances.

Further information

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