5/2/2014 Judge: UK Detention Policy in Afghanistan Unlawful - ABC News

http://abcnews.go.com/International/wireStory/judge-uk-detention-policy-afghanistan-unlawful-23565212 1/3
NOW UKRAINE DONALD STERLING NYC TRAIN DERAILMENT FIRST MERS IN US KENTUCKY DERBY
Follow 3.8m Like SIGN IN Search
HOME VIDEO U.S. WORLD POLITICS ENTERTAINMENT TECH HEALTH LIFESTYLE SHOWS MORE
156 0 0 Comments
156 0 0 Comments
FROM AROUND THE WEB MORE FROM ABC NEWS
Pod of Dolphins Saves Swimmer From Great
White Shark
The Best Advice Mark Cuban and Daymond
John Ever Got
Meet George Clooney's fiancee Amal
Alamuddin
Russia Evokes Nazi Horrors to Bash Ukraine
Brunei Embraces Strict Islamic Laws
Recommended by
Judge: UK Detention Policy in Afghanistan
Unlawful
LONDON May 2, 2014 (AP)
By SYLVIA HUI Associated Press
9 Like
9 Share
The detention policy used by U.K. forces in Afghanistan is unlawful, a judge
ruled Friday, siding with an Afghan who is seeking damages from the British
government after he was detained for more than three months on British
bases.
Serdar Mohammed, an Afghan captured by British forces during a military operation in Helmand
province in 2010, alleged that British soldiers acted unlawfully when they detained for 110 days
without being charged. The claimant, who was suspected of being a Taliban commander, said
during this period he didn't have the opportunity to challenge his detention.
High Court judge George Leggatt ruled that while Mohammed's arrest and initial detention had
been lawful, the British government had no legal basis for detaining him beyond 96 hours. Doing
so violated human rights laws and the policies of the U.S.-led force in Afghanistan, he added.
The coalition's regulations state that captured Afghan nationals should be held for a maximum of
96 hours, after which they should be handed over to Afghan authorities for prosecution or release.
The ruling could open the door to many similar claims against the British government, which has
been part of the coalition since 2001.
The defense ministry said it was disappointed by the ruling, and said it would appeal the decision.
Gen. Nicholas Houghton, Chief of the Defense Staff, said the judgment formed part of a larger
concern about situations where "legal and safety issues, conceived for civilians in peace time, are
being applied in an operational context."
"Our freedom to conduct detention operations and to exploit detainees for intelligence is vital to
our ability to protect the lives of innocent civilians and our own forces," he said. "Any judgment
which might inhibit our ability to operate in ways which minimize casualties and protect our people
is deeply worrying."
9 Like
9 Share
Prom Tragedy in Milford,
Connecticut
Dolphins Protect Swimmer
From Shark
HOT RIGHT NOW
1
Why Josh Hartnett Quit Hollywood,
Moved Back to Minnesota
2
Cleveland Captive
Changes Name,
Distances Self From
Captives
3
'Shark Tank' Contestants:
Where Are They Now
4
Donald Sterling Is
Battling Cancer, Sources
Say
5
Navy SEAL Admits to
Drug Smuggling
YOU MIGHT ALSO LIKE...
PHOTO GALLERIES

SEE IT, SHARE IT
Dad Caught on Tape
Kicking Son Down
Skateboard Ramp
Shark Tank Loser
Winning with Lugless
Travel
2 Dead, More Than
150 Injured In Florida
Jail Explosion
View: Most Popular: Airbnb's Top Summer
Destinations
Travel