Executive: we will not disclose legal advice on extraordinary

THE Scottish Executive is refusing to make public secret legal advice that it received on extraordinary renditions - the so-called torture flights, run by the CIA, which ferry captives in the war on terror around the world via airports in Scotland, including Prestwick.

The Executive's justice department, headed by Cathy Jamieson, claimed that it was not in the public interest to release legal advice and other unspecified documentation under a Freedom of Information (FoI) request by the Sunday Herald.

The justice office letter to the Sunday Herald states: "In our view it would not be in the public interest to disclose legal advice. There would be a danger that the provision of legal advice in the future may not be made on a proper, fully informed basis, nor communicated to clients [Scottish Executive ministers and senior officials] in such a full, frank manner as is presently the case."

In the same letter, the Executive said it would stop making notes of legal advice if it was forced to comply with the FoI request.

"Further, there may be a risk that legal advice will no longer be recorded as comprehensively as it is at present.

"Overall, we consider that there is a substantial public interest in maintaining confidentiality of communications between legal advisers and their clients and that overrides any public interest in the disclosure of such information."

The threat has provoked a storm of criticism from human rights lawyers, civil liberties groups and opposition MSPs.

There is growing evidence that CIA rendition flights are stopping in the UK.

The CIA flights are believed to ferry captives to countries such as Morocco, Uzbekistan and Egypt for "out-sourced" torturing.

There have also been allegations that both MI6 and the CIA have assisted foreign torturers by passing questions and information to interrogators to be used against the captives.

Just days before Christmas, MSPs told Scottish ministers that they wanted to know what discussions had gone on between the UK government and Holyrood regarding CIA "torture flights".

The Executive also faced a withering barrage of cross-party condemnation over rendition flights stopping at Scottish airports on dozens of occasions.

Scotland is the most popular stop-over in the UK for the CIA flights. The Executive has consistently ducked the issue and passed the buck to Westminister, where Tony Blair is refusing to order an inquiry.

The lawyer John Scott, who chairs the Scottish Human Rights Centre, described the Executive's decision to keep legal advice on torture flights secret as "obfuscation".

He added: "This certainly suggests that something is going on and the Executive knows all about it."

He described as "blackmail" comments by the Executive that legal advice would "no longer be recorded as comprehensively as it is at present" if the Justice ministry was forced to release papers.

Clive Stafford Smith, the director of the human rights organisation Reprieve and an acclaimed civil liberties lawyer who represents many people who are in Guantanamo Bay and have been subject to extraordinary rendition, said: "It is very hard to understand how free discussion for ministers can be inhibited by the free disclosure of information.

"This is an old chestnut which is rolled out every time a government wants to stop an embarrassing revelation. Old chestnuts should be roasted.

"Refusing to disclose legal advice confirms my worst expectations. I wonder what they have to hide? Are they hiding evidence that they knew about these flights? That they encouraged these flights? What are they ashamed of?"

Chris Ballance, the Green Party MSP who has led the political campaign to investigate and end rendition flights, said all legal correspondence between the Lord Advocate and the police should be revealed. He said: "I believe there is a very real possibility that the Executive put pressure on the police not to investigate these flights."

He added: "It is an extraordinary idea that it is not in the public's interest to tell the public about matters which are of great concern to the public. There is real and widespread concern about rendition flights and this country's involvement in this operation among the Scottish public."

Among the few documents released by the Scottish Executive were letters from angry members of the public demanding an investigation.

The Sunday Herald is appealing the Executive's refusal to release its legal advice and other documentation.

neil. mackay@sundayherald. com Analysis: pages 38-39

NEED TO KNOW

THE FACTS The Scottish Executive has refused a freedom of information request for secret legal advice given to ministers regarding rendition flights.

BACKGROUND

Scottish airports are believed to be among the most popular stop- off points in Europe for CIA rendition flights. Flights carrying terrorist suspects are believed to have touched down in Prestwick, Glasgow and Edinburgh, before heading to countries that sanction the use of torture.

NEED TO KNOW MORE?

www. scottishgreens. org. uk Chris Ballance MSP's call to investigate rendition flights

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