Shaker Aamer £1m Compo

[Detetcive]

Not according to the claim. The torture claim comes from actual sessions MI5 had with him and the illegal detention comes with assisting in illegal rendition. Will have to see what the court papers and trial say. The British part is supplemental to what the US did.

If they didnt do anything then he wont win his case.

If they didnt do anything then they wont pay him a penny and they should refuse to settle.

 

My bold. There will be no court case. The Brits will pay up to stop it going to court. They know what they've done and they will pay what it takes to keep it quiet.

[sandy18]

No, the UK and US formally ended their combat roles in Afghanistan in October and December 2014 respectively. It would probably be possible to argue successfully that hostilities ended way before then since neither were at war with a state once the Afghan government was installed.

 

Hostilities haven't ended, the Taliban are still hostile to the Afghan government and US troops, hostilities will only be over when the hostile forces stop being hostile.

[999tigger]

I'm amazed how certain everyone is about the facts.

 

How is it possible to know the truth of this case either way?

 

Actually we dont and thats for a court to determine. You would call witnesses and provide evudence. You can refer to the incidents he claimed happened because they are in the public domain.

 

If there is no basis for his claims, then id hope the UK government doesnt settle and pays him nothing.

 

What I think will happen is there will be some truth to his claims and to avoid it being heard in court and having MI5 officers giving evidence, then they will settle to avoid the publicity. Wait and see.

[Bob Arctor]

Hostilities haven't ended, the Taliban are still hostile to the Afghan government and US troops, hostilities will only be over when the hostile forces stop being hostile.

 

How sure are you that the Geneva Convention applies to an anti-terrorist operation, even a large one, as opposed to a war?

[sandy18]

Actually we dont and thats for a court to determine. You would call witnesses and provide evudence. You can refer to the incidents he claimed happened because they are in the public domain.

 

If there is no basis for his claims, then id hope the UK government doesnt settle and pays him nothing.

 

What I think will happen is there will be some truth to his claims and to avoid it being heard in court and having MI5 officers giving evidence, then they will settle to avoid the publicity. Wait and see.

 

He should present his evidence to the CPS and they should decide if a tax payer funded court case is justified.

 

---------- Post added 01-11-2015 at 20:16 ----------

 

How sure are you that the Geneva Convention applies to an anti-terrorist operation, even a large one, as opposed to a war?

 

How sure are you that it was just a 14 year anti-terrorist operation and not a war?

 

The U.S. government used the term "Operation Enduring Freedom - Afghanistan" to officially describe the War in Afghanistan, from the period between October 2001 and December 2014.[4][8] Continued operations in Afghanistan by the United States' military forces, both non-combat and combat, now occur under the name Operation Freedom's Sentinel.

[Cyclone]

If he's been locked up for 13 years and he's going to be compensated with a million quid. That comes to 76 thousand per year similar to what an MP earns.

As he was a charity worker surely he should be compensated with what he would have earned doing that kind of work, maybe 12 thousand a year. totalling around 156 thousand.

Meanwhile, surely this compensation should be paid by the US government as it was they who locked him up without finding any shred of evidence leading him to be not charged with any crime!

 

You think compensation for wrongful imprisonment should ONLY be for loss of income?

So a previously unemployed person should receive nothing?

[Obelix]

Deserves every penny.

 

He might well do for being locked up without trial.

 

But why are we paying not the USA?

 

And if the USA are not to pay, why us and not the Saudis?

[999tigger]

He should present his evidence to the CPS and they should decide if a tax payer funded court case is justified.

 

The DPP is already reviewing the evidence for prosecutions. His claim for compensation would be a civil claim though. Im sure his lawyers know which areas they wish to base any claim on and will start negotuations with the government. If they dont have anything then the government shouldnt pay.

[Bob Arctor]

He should present his evidence to the CPS and they should decide if a tax payer funded court case is justified.

 

---------- Post added 01-11-2015 at 20:16 ----------

 

 

How sure are you that it was just a 14 year anti-terrorist operation and not a war?

 

The U.S. government used the term "Operation Enduring Freedom - Afghanistan" to officially describe the War in Afghanistan, from the period between October 2001 and December 2014.[4][8] Continued operations in Afghanistan by the United States' military forces, both non-combat and combat, now occur under the name Operation Freedom's Sentinel.

 

Having done a bit of reading it seems it would depend on whether the US/UK could claim it is/was a 'police action'. Apparently there are quite a lot of disputes over when the Convention either does or doesn't apply.

 

I don't think the CPS will get involved in this by the way, isn't it a civil claim for damages?

[Gamston]

He might well do for being locked up without trial.

 

But why are we paying not the USA?

 

And if the USA are not to pay, why us and not the Saudis?

 

I assumed he was a British citizen but he's a Saudi so don't understand why he has not returned to his own country .

 

When you think of all the British soldiers who have been killed and wounded in Afghanistan, it's a disgrace this foreigner has been flown into Britain in a private jet and that the subject of compensation via the British tax payer is even been discussed .