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Tories to force Commons vote on hacker case

Shadow home secretary says he hopes MPs will send a message to the government that hacker should be tried in UK not US

The Conservatives will today use a Commons vote to signal their opposition to the proposal to extradite Gary McKinnon to the US to face trial for hacking into American military computers.

Chris Grayling, the shadow home secretary, said he hoped MPs would “send a message” to the government that McKinnon, who has Asperger’s syndrome, ought to be put on trial in the UK and not in the US, where he faces a sentence of up to 60 years.

McKinnon is still using the courts to try to block his extradition and MPs will not vote directly on his case. But the Tories have tabled a motion expressing “very great concern” about the way the extradition system is working and calling for the Extradition Act 2003 to be reformed “at the earliest opportunity”.

The Tories are hoping that the Liberal Democrats and some Labour MPs will support them when the Commons votes on the motion this afternoon.

Ministers claim that the act, which affects extradition between the UK and the US, has benefited both countries and that the government does not have the power to stop McKinnon being sent to face trial in the US.

McKinnon, who is being backed by a high-profile Daily Mail campaign, yesterday asked the high court to overturn the refusal of Keir Starmer, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. If there were no UK prosecution, McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

McKinnon has admitted computer hacking and leaving a message in US military systems saying “I will continue to disrupt”, but his lawyers said his intention was only to cause “temporary impairment”, not lasting damage to the system.

They argue that his extradition would lead to “disastrous consequences”, including possible psychosis and suicide, because of his medical condition, which is on the autistic spectrum.

This morning Grayling told BBC Radio 4′s Today programme: “People on the autistic spectrum find it very difficult to deal with a big change in surroundings. To extradite somebody in that position to the US to a strange environment is undoubtedly going to cause health issues for Gary McKinnon. In the past, where there have been similar cases, we have seen trials take place in the UK.

“There is no doubt that an offence has been committed; Gary McKinnon has admitted that. But why on earth is this trial not taking place in the UK?

“I hope the House of Commons will send a message to the government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.

“There are some suggestions that the home secretary has more powers to intervene than have so far been used.”

But the Home Office dismissed this claim. It said that the home secretary did not have the power to block McKinnon’s extradition.

“The case of Gary McKinnon remains before the courts. As such it would not be appropriate for us to comment on it in detail, except to say that this case has been subjected to the closest attention and to the greatest possible procedural fairness. The home secretary [then Jacqui Smith] gave very careful consideration before deciding in July 2006 to order extradition,” the statement said.

“It is important to be clear that, under the terms of the Extradition Act 2003, the home secretary must order extradition unless certain limited conditions are met. The courts have already said that those conditions are not met in Mr McKinnon’s case; and his attempts to defeat the US request have since been dismissed by the high court, the House of Lords and the European court of human rights.

“The information that must be provided by both the United States and the United Kingdom is effectively the same. The United Kingdom must demonstrate ‘probable cause’ to the United States courts, while the United States must demonstrate ‘reasonable suspicion’ to ours.

“Extradition is a key crime-fighting measure in our increasingly globalised world and, within what the law permits, we give maximum assistance to all of our extradition partners.”

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Tories to force Commons vote on hacker case

Shadow home secretary says he hopes MPs will send a message to the government that hacker should be tried in UK not US

The Conservatives will today use a Commons vote to signal their opposition to the proposal to extradite Gary McKinnon to the US to face trial for hacking into American military computers.

Chris Grayling, the shadow home secretary, said he hoped MPs would “send a message” to the government that McKinnon, who has Asperger’s syndrome, ought to be put on trial in the UK and not in the US, where he faces a sentence of up to 60 years.

McKinnon is still using the courts to try to block his extradition and MPs will not vote directly on his case. But the Tories have tabled a motion expressing “very great concern” about the way the extradition system is working and calling for the Extradition Act 2003 to be reformed “at the earliest opportunity”.

The Tories are hoping that the Liberal Democrats and some Labour MPs will support them when the Commons votes on the motion this afternoon.

Ministers claim that the act, which affects extradition between the UK and the US, has benefited both countries and that the government does not have the power to stop McKinnon being sent to face trial in the US.

McKinnon, who is being backed by a high-profile Daily Mail campaign, yesterday asked the high court to overturn the refusal of Keir Starmer, the director of public prosecutions, to put him on trial in the UK on charges of computer misuse. If there were no UK prosecution, McKinnon would inevitably be extradited to stand trial in the US, the judges heard.

The court reserved judgment and said it hoped to give a decision in writing by the end of July.

McKinnon has admitted computer hacking and leaving a message in US military systems saying “I will continue to disrupt”, but his lawyers said his intention was only to cause “temporary impairment”, not lasting damage to the system.

They argue that his extradition would lead to “disastrous consequences”, including possible psychosis and suicide, because of his medical condition, which is on the autistic spectrum.

This morning Grayling told BBC Radio 4′s Today programme: “People on the autistic spectrum find it very difficult to deal with a big change in surroundings. To extradite somebody in that position to the US to a strange environment is undoubtedly going to cause health issues for Gary McKinnon. In the past, where there have been similar cases, we have seen trials take place in the UK.

“There is no doubt that an offence has been committed; Gary McKinnon has admitted that. But why on earth is this trial not taking place in the UK?

“I hope the House of Commons will send a message to the government that really this is not what the extradition system is supposed to do. These new rules were set up for very serious offences, for terror offences. I don’t believe parliament ever intended them to be used to extradite somebody with autism issues to face a charge like this.

“There are some suggestions that the home secretary has more powers to intervene than have so far been used.”

But the Home Office dismissed this claim. It said that the home secretary did not have the power to block McKinnon’s extradition.

“The case of Gary McKinnon remains before the courts. As such it would not be appropriate for us to comment on it in detail, except to say that this case has been subjected to the closest attention and to the greatest possible procedural fairness. The home secretary [then Jacqui Smith] gave very careful consideration before deciding in July 2006 to order extradition,” the statement said.

“It is important to be clear that, under the terms of the Extradition Act 2003, the home secretary must order extradition unless certain limited conditions are met. The courts have already said that those conditions are not met in Mr McKinnon’s case; and his attempts to defeat the US request have since been dismissed by the high court, the House of Lords and the European court of human rights.

“The information that must be provided by both the United States and the United Kingdom is effectively the same. The United Kingdom must demonstrate ‘probable cause’ to the United States courts, while the United States must demonstrate ‘reasonable suspicion’ to ours.

“Extradition is a key crime-fighting measure in our increasingly globalised world and, within what the law permits, we give maximum assistance to all of our extradition partners.”

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Extraditing hacker ‘could be disaster’

Gary McKinnon, who hacked into US military computers, will suffer psychologically if imprisoned there, his lawyers say

“Humanitarian considerations” that have arisen in the case of Asperger’s syndrome sufferer Gary McKinnon mean he should not face trial in the US for hacking into American military computers, the high court heard today.

In a last-ditch attempt to overturn earlier court decisions that the 43-year-old “UFO enthusiast” should be extradited, his lawyers accused prosecutors of ignoring the “disastrous consequences” of facing trial and a possible lengthy prison sentence in an American “supermax” prison.

The case also comes as the Tories are expected to devote an opposition day debate in parliament tomorrow to McKinnons’ extradition, after David Cameron said he was “deeply saddened and worried” about the case.

McKinnon’s barrister, Ed Fitzgerald, told the high court: “The Crown Prosecution Service wrongly failed to address the specific human rights issues, and the humanitarian issue, raised by the claimant’s Aspergers syndrome.

“The CPS, as a public authority, had a duty to consider whether its failure to prosecute [in the UK] has inevitably exposed him to an avoidable and unnecessary risk of serious psychological suffering,” he added.

The hearing comes after McKinnon signed a statement earlier this year admitting he had committed an offence under UK law by hacking into 97 computers belonging to the US navy and Nasa. The incident, which the US government says is the “biggest military hack of all time” and cost more than $700,000 (£430,000) in repairs, has led to talks between UK prosecutors and the US department of justice since charges were originally brought against the 43-year-old in New Jersey in 2002.

Although previous attempts to halt the extradition – which reached the House of Lords last year – failed, McKinnon’s lawyers have since obtained a diagnosis of Asperger’s syndrome after consulting two psychiatrists last year.

“Both experts referred to the grave risk to his health if he was extradited to the US, and [autism expert] Professor [Simon] Baron-Cohen referred to the risk to his life,” Fitzgerald said. “[The director of public prosecutions] failed to confront the human rights arguments for prosecutions in this country rather than in the US,” Fitzgerald added.

Both former home secretary Jacqui Smith and the current home secretary, Alan Johnson, have said they would comply with US requests for McKinnon’s extradition, while prosecutors argue that although McKinnon has admitted to “computer misuse” under UK law, it is less serious than the offence of “computer fraud” alleged against him in the US

The CPS, which defended its positiontoday , claims that the damage caused by the offence took place in the US, and that the investigation and most of the witnesses and evidence were located there. In February the director of public prosecutions, Keir Starmer, said there was not enough evidence to try McKinnon in the UK, an argument which McKinnon’s lawyers deny.

“This was inconsistent with the CPS’s own finding that there was sufficient evidence to prosecute,” Fitzgerald said. “McKinnon’s computer hacking conduct all took place in the UK, insofar as he was located here and using a computer in his home in the UK when he gained unauthorised access to the US systems.”

McKinnon, from Wood Green, north London, is described as “vulnerable” and “misguided” by his supporters, who contrast the efforts to extradite him with terrorist suspects who have been kept in the UK.

“I will not give up this fight until the government intervenes to protect my vulnerable son,” McKinnon’s mother, Janis Sharp, said. “When considering the extradition of Abu Hamza, the then home secretary said ‘Had we evidence in this country of a crime committed here then of course the police and the attorney general would have taken action’. Well, if that’s the approach for a convicted terrorist, why not for a gentle, misguided Asperger’s sufferer like Gary?”

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Cheney ‘hid plans to kill al-Qaida’

• Ex-CIA officials say foreign leaders were also in dark
• Investigation demanded into post-9/11 strategy

Dick Cheney, the former vice president, ordered a highly classified CIA operation hidden from Congress because it pushed the limits of legality by planning to assassinate al-Qaida operatives in friendly countries without the knowledge of their governments, according to former intelligence officials.

Former counter-terrorism officials who retain close links to the intelligence community say that the hidden operation involved plans by the CIA and the military to launch operations, similar to those by Israel’s Mossad intelligence service, to hunt down and kill al-Qaida activists abroad without informing the governments concerned, even though some were regarded as friendly if unreliable.

The CIA apparently did not put the plan in to operation but the US military did, carrying out several assassinations including one in Kenya that proved to be a severe embarrassment and helped lead to the quashing of the programme.

A former intelligence official said the plan was hatched in the cauldron of the September 11 attacks when officials were pushing various forms of unilateral action and some settled on the Israelis as an example.

“One of the most sensitive areas has been what we do in friendly countries that don’t want to co-operate or maybe we don’t have enough confidence to entrust them with information. If you have an al-Qaida guy wandering around certain bits of the world we might decide that we need to deal with that ourselves, directly, without making a lot of noise,” he said. “There was a plan to deal with that. It was much talked about in the CIA and the military had its own operation.”

Another former senior intelligence official responsible for dealing with al-Qaida said that assassination plans were reined in after similar covert operations by the military were botched and proved to be embarrassing, particularly the killing in Kenya. He did not give details of the operation.

The official said he believes from conversations with serving members of the CIA that the area of real concern in Congress is that the planned operations may also have involved the covert surveillance of American citizens.

There appears to be common agreement among knowledgeable former intelligence officials that the controversy goes beyond the immediate question of assassination and capture of al-Qaida operatives as there have been numerous killings and detentions since the 9/11 attacks.

One former official said that the Bush administration discussed assassinations in the context of a ban introduced in the 1970s that responded to several failed CIA attempts to murder Fidel Castro, and concluded that as the US had declared itself at war with al-Qaida and the Taliban, this ban did not apply.

Peter Bergen, a senior security analyst at the New America Foundation, said that the secret operation must have gone further than that to have created such a backlash in Congress: “If it’s an assassination programme of al-Qaida leaders that is hardly surprising. Clinton had an assassination programme against bin Laden. There have been 27 drone missile strikes against al-Qaida alone this year.”

The CIA has declined to comment and members of Congress who were finally briefed about the issue by the CIA director, Leon Panetta, last month are bound by confidentiality.

Some former intelligence officials and Republicans have attempted to portray the programme as barely getting out of the planning stages but others in the intelligence community have said it is highly unlikely that the CIA would have kept such an operation going for eight years without advancing it.

The evident anger in Congress is fuelling demands for a full blown investigation in to the CIA’s failure to disclose the programme and Cheney’s role in the cover up. The Senate majority whip, Dick Durbin, said the programme could have been illegal: “The executive branch of government should not create programs like these programs and keep Congress in the dark. To have a massive program that was concealed from the leaders in Congress is not only inappropriate, it could be illegal.”

Anna Eshoo, a senior Democrat on the House of Representatives intelligence committee, is also calling for a probe. “We, by no means, have the full story. We don’t know who gave the order. We don’t know where the money came from. We don’t know all the people who were involved,” she told Politico. “We need a full investigation. My preference is that we hire an attorney to come in and run this, someone that is known for their prosecutorial knowledge as well as their knowledge of this particular area of the law.”

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US and Russia offer to cut warheads

Framework signed on US president’s Russia visit would leave each side with as few as 1,500 warheads capable of launch

The US and Russia have agreed to work towards cutting deployed nuclear warheads to as few as 1,500 each under an agreement signed by Barack Obama on his first trip to Russia as president.

Obama and the Russian prime minister, Dmitry Medvedev, signed a framework deal aimed at cutting warheads to a maximum of 1,675 within seven years of a nuclear arms reduction treaty coming into force.

Current treaties allow for a maximum of 2,200 warheads, though both sides are thought to have more than that deployed, or capable of launch. According to some expert estimates of current numbers, the new commitment would mean each side scrapping almost 1,000 warheads.

The pact signed today also calls for the number of strategic delivery systems to be reduced to between 500 and 1,100 on each side, from 1,600 under current treaties. Such systems include intercontinental ballistic missiles, submarine-launched missiles and heavy bombers.

Obama said he intended to host a summit on global nuclear security next year. Among a flurry of other bilateral announcements today, Russia said it was prepared to let the US fly troops and weapons across its airspace to Afghanistan.

“We must lead by example and that’s what we are doing here today,” Obama said of the preliminary nuclear accord. “We resolve to reset US-Russian relations so that we can co-operate more effectively in areas of common interest.”

Medvedev said today’s summit was a “first step, but a very important step” towards resetting relations.

Obama and Medvedev agreed during their last meeting in April to hold talks on a successor treaty to the 1991 Start-1 pact, which expires in December. But attempts to reach a deal have been aggravated by disagreements over the Pentagon’s planned missile defence shield in Poland and the Czech Republic.

Yesterday, Medvedev said any new arms reduction treaty was definitively “linked” to America’s missile defence ambitions in central Europe.

“We consider these issues are interconnected,” he said. “It is sufficient to show restraint and show an ability to compromise. And then we can agree on the basis of a new deal on Start.” Obama responded by saying that he would complete a review of the need for the missile defence shield in the next two months, and would then re-address the issue with the Russian government in search of a definitive agreement on the issue.

In an interview today with the Russian opposition newspaper Novaya Gazeta, Obama stressed that the missile defence system was not aimed at Russia but rather intended to protect the US and its allies from an Iranian nuclear missile.

He acknowledged “Russian sensitivities” over the shield but said he hoped Moscow would “become a partner in the project”. He made clear he would not accept Moscow’s linkage between arms control and missile defence, a statement that suggests there is little prospect of a rapid breakthrough.

Tomorrow, Obama he will meet Vladimir Putin, Russia’s prime minister and the man who most people believe still runs the country. Obama described Putin slightingly last week as having “one foot in the past”.

Russia’s state-controlled media have so far given Obama a less than overwhelming reception. The Kremlin-controlled Channel One TV last night failed to mention Obama’s visit in its headlines, leading instead with a report on Medvedev’s attempts to encourage energy conservation.

The US and Russia account for more than 90% of the world’s nuclear weapons. They have agreed in principle to reduce their nuclear warheads to a maximum of 2,200 warheads under the Start treaty. But until now they had not been able to agree on a reduction in the systems used to launch them.

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Obama faces Russian arms impasse

Medvedev seeks to tie arms reduction treaty to US missile defence ahead of Obama’s first presidential trip to Moscow

Barack Obama is due to arrive in Moscow today for his first trip to Russia as US president amid dwindling hopes of a breakthrough deal on nuclear weapons.

The summit’s centrepiece is supposed to be a groundbreaking pact on nuclear arms reduction, but Russia said there could be no agreement unless the US was prepared to heed its concerns on missile defence.

Obama and the Russian president, Dmitry Medvedev, agreed at their last meeting, in April, to hold talks on a successor treaty to the 1991 Start-1 pact, which expires in December. But attempts to reach a deal appear to have come unstuck over the same problem that defeated the Bush administration: the Kremlin’s unbending hostility to the Pentagon’s planned missile defence shield in Poland and the Czech Republic.

While Obama has agreed to review the plan, he is not prepared to abandon it. Yesterday Medvedev said any new arms reduction treaty was definitively “linked” to the US’s missile defence ambitions in central Europe.

“We consider these issues are interconnected,” he said. “It is sufficient to show restraint and show an ability to compromise. And then we can agree on the basis of a new deal on Start.”

Medevedev’s comments place Obama in an uncomfortable position on one of the biggest foreign policy trips of his presidency. If he makes concessions he risks a political backlash at home and the charge of capitulation. If he doesn’t, he may emerge from the US-Russia summit no more successful than George Bush.

Russian officials revealed that they had not been able to reach agreement on a “framework document” setting out a blueprint for nuclear talks – an ominous sign. Obama, however, made clear his determination to improve relations.

“I believe that Americans and Russians have many common interests, interests that our governments have not pursued as actively as we could have,” he told the Russian newspaper Novaya Gazeta.

On Tuesday he will meet Vladimir Putin, Russia’s prime minister and the man most people believe still runs the country. Obama described Putin slightingly last week as having “one foot in the past”.

In his interview, Obama acknowledged “Russian sensitivities” over the shield, but said it was needed to protect the US and Europe from a nuclear-armed Iranian missile. He made clear he would not accept Moscow’s linkage between arms control and missile defence, a statement that suggests there is little prospect of a rapid breakthrough.

Analysts said there were profound, irreconcilable differences between both sides, not just over the shield but also on technical issues including counting, verification and delivery systems.

“It requires a miracle to resolve these differences,” said Sergey Rogov, director of the US and Canadian Institute in Moscow.

The US and Russia account for more than 90% of the world’s nuclear weapons. They have agreed in principle to reduce their nuclear warheads below the 2,000 agreed in the Start treaty to 1,500-1,700 each. But they have not been able to agree on a reduction in delivery systems, which include intercontinental ballistic missiles, submarines missiles and heavy bombers.

According to Rogov, Russia wants to reduce the number of launchers to 600. The US is insisting on around 1,000. Additionally, Moscow is against the US having what it calls a “return potential”, which would allow nuclear weapons scrapped by the US to be redeployed in the event of a nuclear crisis. “I’m not sure Obama understands it,” Rogov said.

Writing last week in Novaya Gazeta, the Moscow defence analyst Pavel Felgenhaur predicted the summit would be a failure. He said the Russian government, emboldened by the recent oil price rise, expected the US to make “one-sided” concessions while making none itself.

During his two-and-a-half day trip to Moscow, Obama is expected to seek Russia’s co-operation on Iran, and support for a stronger sanctions regime against North Korea. Yesterday, however, Medevev hailed Iran as a “major partner”.

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Nuclear arms reduction deal row

• Nuclear arms cuts treaty hits familiar problem
• Medvedev expects US concessions before deal

Hopes of a new nuclear arms reduction deal between Moscow and Washington appeared to be in doubt today, after Russia said there could be no agreement unless the US was prepared to heed its concerns on missile defence.

Barack Obama flies into Moscow tomorrow for his first trip to Russia as US president. The summit’s centrepiece is supposed to be a groundbreaking agreement on nuclear arms reduction.

Obama and Russia’s president, Dmitry Medvedev, agreed during their last meeting in April to hold talks on a successor treaty to the 1991 Start-1 pact, which expires in December. But attempts to reach a deal appear to have come unstuck over the same problem that defeated the Bush administration: the Kremlin’s unbending hostility to the Pentagon’s planned missile defence shield in Poland and the Czech Republic. While Obama has agreed to review the plan, he is not prepared to abandon it. Today Medvedev said that any new arms reduction treaty was definitively “linked” to the US’s missile defence ambitions in central Europe.

Medvedev said: “We consider these issues are interconnected. It is sufficient to show restraint and show an ability to compromise. And then we can agree on the basis of a new deal on Start.”

Medevedev’s comments place Obama in an uncomfortable position on the eve of one of the biggest foreign policy trips of his presidency. If he makes concessions he risks a political backlash at home and the charge of capitulation. If he doesn’t, he may emerge from the US-Russia summit no more successful than George Bush.

Today Russian officials revealed that they had not been able to reach agreement on a “framework document” setting out a blueprint for nuclear talks ‑ an ominous sign. Obama, however, made clear his determination to improve relations.

“I believe that Americans and Russians have many common interests, interests that our governments have not pursued as actively as we could have,” he told the Russian newspaper, Novaya Gazeta.

On Tuesday he will meet Vladimir Putin, Russia’s prime minister and the man who most people believe still runs the country. Obama described Putin slightingly last week as having “one foot in the past”.

In his interview, Obama acknowledged “Russian sensitivities” over the shield, but said it was needed to protect the US and Europe from a nuclear-armed Iranian missile. He made clear he would not accept Moscow’s linkage between arms control and missile defence, a statement that suggest there is little prospect of a rapid breakthrough.

Today analysts said there were profound, irreconcilable differences between both sides, not just over the shield, but technical issues including counting, verification, and delivery systems.

“It requires a miracle to resolve these differences,” Sergey Rogov, director of the US and Canadian Institute in Moscow, said.

The US and Russia account for more than 90% of the world’s nuclear weapons. They have agreed in principle to reduce their nuclear warheads below the 2,000 agreed in the Start treaty to 1,500-1,700 each. But they have not been able to agree on a reduction in delivery systems, which include intercontinental ballistic missiles, submarine-launched missiles or heavy bombers.

According to Rogov, Russia wants to reduce the number of launchers to 600. The US is insisting on around 1,000. Additionally, Moscow is against the US having what it calls a “return potential”, which would allow nuclear weapons scrapped by the US to be redeployed in the event of a nuclear crisis. “I’m not sure Obama understands it,” Rogov said.

Writing last week in Novaya Gazeta, the Moscow defence analyst Pavel Felgenhaur predicted the summit would be a failure. He said the Russian government, emboldened by the recent oil price rise, expected the US to make “one-sided” concessions while making none itself.

During his two-and-a-half day trip to Moscow, Obama is expected to seek Russia’s co-operation on Iran, and support for a stronger sanctions regime against North Korea. Today, however, Medevev hailed Iran as a “major partner”.

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Legal fight to stop US destroying torture images

British resident says photographs are evidence of abuse at Guantánamo

Former Guantánamo detainee Binyam Mohamed has launched an urgent legal attempt to prevent the US courts from destroying crucial evidence that he says proves he was abused while being held at the detention camp, the Guardian has learned. The evidence is said to consist of a photograph of Mohamed, a British resident, taken after he was severely beaten by guards at the US navy base in Cuba.

The image, now held by the Pentagon, had been put on his cell door, he says.

Mohamed claims he was told later that this was done because he had been beaten so badly that it was difficult for the guards to identify him.

In a sworn statement seen by the Guardian, Mohamed has appealed to the federal district court in Washington not to destroy the photograph, which neither he nor his lawyers have a copy of, and which is classified under US law.

The US government considered the case closed once Mohamed was released and returned to Britain in February. The photograph will be destroyed within 30 days of his case being dismissed by the American courts – a decision on which is due to be taken by a judge imminently, Clive Stafford Smith, Mohamed’s British lawyer and director of Reprieve, the legal charity, said today .

Under US law, evidence relating to dismissed cases must be automatically destroyed. The only way to preserve the photograph is to have it accepted as a court document.

This is the aim of Mohamed’s appeal and he says he needs the image as a crucial piece of evidence to fight his case against US authorities for unlawful incarceration and abuse. “That is one piece of physical evidence that I know exists of my abuse,” he says in the statement, adding that it was taken in Guantánamo in 2006. After being kicked and punched, he says his guards “applied force to a pressure point on my arm, twisting the handcuffs up … They tried to open my closed fists up by bending my fingers back one at a time.” They took a picture of him when, he says, he was on the floor pinioned by the guards. He continues: “They then slammed me and my Qur’an into the fence.” After he objected, he says, they “slammed me into the fence again”.

He adds: “They then strapped me into a restraint chair and cut off half my beard. They then performed the humiliating ‘anal cavity search’, although it was painfully obvious that there was nothing to find.”

Mohamed also describes how at one point he screamed and that this “made them redouble their efforts and my situation got worse”.

He adds: “One [military guard] took the heel of my hand and pushed my nose up violently. One soldier pulled on my jaw. They slammed my forehead down on the concrete floor. One grabbed my testicles and punched me.”

Mohamed said: “The authorities have consistently denied that I have been abused, and this is physical evidence that I am telling the truth, and they are not.”

The Guardian is also writing to the court asking for the photographs to be disclosed in the interests of open justice and freedom of expression. Mohamed’s lawyers and media organisations are already embroiled in a dispute in the UK high court over a refusal by David Miliband, the foreign secretary, and the US to disclose what their intelligence agencies knew about Mohamed’s torture.

Mohamed was seized and held in Pakistan in 2002 before being secretly renditioned to Morocco. He was subsequently flown to Afghanistan before being sent to Guantánamo. Mohamed says he knows of other photographs taken of him in Morocco and Afghanistan, but he has not seen them. “These pictures including photos of my genitals,” he said. “Although the US authorities still apparently deny it and refuse even to admit that I was rendered to Morocco, I was horribly tortured there and had a razor blade taken to my genitals”. He also says he suspects that witness B – an MI5 officer who interrogated him in Pakistan in 2002 and currently the subject of a British police investigation – is being used as a scapegoat. “The main responsibility lies with those who established the policy of abuse, not with the functionaries who carried out their orders,” he says in his statement.

Stafford Smith said: “It is difficult to understand the continuing policy of the Obama administration. Surely the public has the right to know the crimes committed by US personnel against a British resident like Binyam Mohamed.”

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Obama chides Putin’s ‘cold war ways’

President chides Russia’s PM but says Dmitry Medvedev understands that cold war behaviour is outdated

On the eve of a trip to Moscow, Barack Obama chided Vladimir Putin, Russia’s prime minister, today for keeping “one foot in the old ways of doing business”. By contrast, he said Putin’s handpicked successor as president understands that cold war behaviour is outdated.

In a White House interview with The Associated Press, the president said he will meet with both Putin and Dmitry Medvedev, Russia’s president, on his trip, in hopes they can “move in concert in cooperating with us on some critical issues.”

On an important domestic issue, Obama said the US supreme court was “moving the ball” on affirmative action in this week’s decision favouring white firefighters in New Haven, Connecticut, but he added that the court had not ruled out the use of racial preferences. “I don’t think that hiring on the basis of race … alone is constitutionally plausible,” said Obama, a former teacher of constitutional law.

He spoke sympathetically at one point of the white firefighters, who said they had been discriminated against: “I’ve always believed that affirmative action was less of an issue or should be less of an issue than it has been made out to be in news reports.”

Nearing the end of his first six months in office, the president said he had made some progress in stabilising the economy, but he conceded too many jobs are still being lost.

He also expressed concern about his own policy on dealing with the prisoners now held at Guantánamo Bay, saying the idea of retaining at least some of the detainees indefinitely in different locations gives him pause. But he did not rule out issuing an executive order to that effect if Congress refuses to pass legislation.

Scheduled to depart next week on a trip to Russia, Italy and Ghana, Obama praised Moscow for its cooperation in attempting to persuade North Korea and Iran to abandon their nuclear development programs. The United Nations recently approved “the most robust sanction regime that we’ve ever seen with respect to North Korea,” he said.

The president said his agenda in Russia includes talks on a new treaty to curtail long-range nuclear missiles.

Asked why he intends to meet Putin, Obama said the former president “still has a lot of sway … and I think that it’s important that even as we move forward with President Medvedev that Putin understand that the old cold war approaches to US-Russian relations is outdated — that’s it’s time to move forward in a different direction”.

“I think Medvedev understands that. I think Putin has one foot in the old ways of doing business and one foot in the new, and to the extent that we can provide him and the Russian people a clear sense that the US is not seeking an antagonistic relationship but wants cooperation on nuclear non-proliferation, fighting terrorism, energy issues, that we’ll end up having a stronger partner overall in this process,” he said.

Obama expressed reservations about his recently announced policy that could lead to indefinite detention for some of the detainees currently at the Guantánamo Bay prison. “It gives me huge pause,” he said, to the point where he may not see it through.

“We’re going to proceed very carefully on this front, and it may turn out that after looking at all the dimensions of this that I don’t feel comfortable with (it),” Obama said. The president has pledged to close the prison in Cuba and hopes to send most of those currently held there to other countries.

With joblessness rising, the president said he was “deeply concerned” about unemployment and conceded that too many families are worried about “whether they will be next”. Still, he said that since he took office almost six months ago “we have successfully stabilised the financial markets,” and “started to see some stabilisation on housing”.

“But what we are still seeing is too many jobs lost,” said Obama, commenting after new government figures showed the unemployment rate had risen to 9.5% last month.

Since Obama signed the $780bn economic stimulus bill in February, the economy has shed more than 2 million jobs.

Asked if he was resigned to Iran’s possession of nuclear weapons, he said: “I’m not reconciled with that, and I don’t think the international community is reconciled with that.”

In his comments on the supreme court case, Obama said the 5-4 ruling was written narrowly, and “didn’t close the door to affirmative action” to help minorities.

Obama said of affirmative action: “It hasn’t been as potent a force for racial progress as advocates will claim and it hasn’t been as bad on white students seeking admissions or seeking a job as its critics say.”

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