Fury as Labour approves ‘substantial’ payout to Guantanamo Bay terror suspect once represented by their own Attorney General Lord Hermer: Tories criticise ‘disgraceful capitulation’

A terror suspect who was represented by Keir Starmer‘s law chief has been handed a ‘substantial’ payout by the UK, sparking outrage among Tory MPs.

Abu Zubaydah, who has been detained by the US authorities since his capture in 2002 in the wake of 9/11, launched a legal fight claiming that Britain was complicit in his torture by the CIA.

His case was led by Lord Hermer, a humans rights specialist before he was appointed Attorney General, as it was opposed by the then-Conservative government.

But Zubaydah, a ‘forever prisoner’ in the notorious Guantanamo Bay military jail, has now been handed a massive out-of-court compensation package, leading to questions for Labour and its law chief.

Shadow justice secretary Robert Jenrick branded it a ‘payout engineered by the claimant’s former counsel, who now sits in the Cabinet that signs the cheque’.

In a letter to Justice Secretary David Lammy, he branded the settlement a ‘choice’ made by the Labour Government and called on Mr Lammy to explain on ‘what authority’ the payout had been made.

‘[Zubaydah] has been accused of running terrorist training camps in Afghanistan and acting as a central gatekeeper for jihadists plotting attacks against the West, including Osama Bin Laden,’ Mr Jenrick wrote. 

‘He remains held in Guantanamo Bay by the US under successive presidents – owing to their belief he poses a security risk of the highest order. 

‘Our government has not, and has never, called for his release.’

Abu Zubaydah has been held at the Cuba prison since 2006 despite having never been charged with or convicted of a crime

Zubaydah was the first man subjected to CIA’s ‘enhanced interrogation’ techniques, which include sleep deprivation, slapping and waterboarding. Pictured: Guantanamo Bay in Cuba

Robert Jenrick has written to David Lammy wanting answers after Abu Zubaydah received a financial settlement following a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture

He added: ‘This settlement is a choice. You have chosen to capitulate to lawfare rather than defend our security services in court. How can it possibly be a priority to give him taxpayers’ money?’

Zubaydah, 54, has been held in the US naval base in Cuba since 2006, despite having never been charged with or convicted of a crime.

He was captured in Pakistan by US forces in 2002 after it was alleged he was a senior Al Qaeda member. The US government later withdrew the allegation. 

Then 31, he was the first man subjected to the CIA’s ‘enhanced interrogation’ techniques, which include sleep deprivation and waterboarding.

Zubaydah alleged that MI5 and MI6 knew he was being mistreated but still passed information and questions about him to the CIA, which they could use during interrogations. 

He brought a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture.

In 2021 the High Court held that the laws concerning his case were those of the locations he had been detained – Thailand, Poland, Morocco, Lithuania, Afghanistan and Guantanamo Bay – however this was later overturned on appeal and in 2023 the Supreme Court agreed that English law is the applicable law.

Lord Hermer KC represented Zubaydah before joining the Government, arguing that British officials knew that he was being ‘subjected to extreme mistreatment and torture by the CIA at secret black sites’. 

But Mr Jenrick said the ‘last case before the UK Supreme Court did not order damages’, and that it ‘ruled only on a technicality regarding applicable law’. 

Lord Hermer has previously faced criticism over alleged conflicts of interest linked to his previous work as a human rights barrister. 

He has previously represented former Sinn Fein president Gerry Adams under the ‘cab rank’ rule. 

While in Government he has been instrumental in the decision to hand the Chagos Islands to Mauritius and suspend certain arms sales to Israel.

Mr Jenrick told the Daily Mail: ‘Yet again we find Lord Hermer embroiled in scandal. He spent his life subverting Britain’s interests and simply cannot be trusted to put the British people first.’

Shadow home secretary Chris Philp said: ‘This is yet another disgraceful capitulation by this weak Government.

‘They are more interested in paying taxpayers’ money to people like Zubaydah than they are in standing up for the British people and British national interest. The sooner this weak, woke Government is gone the better.’

But a government source accused Mr Jenrick of ‘rampant hypocrisy’, pointing out that Tory shadow attorney general Lord Wolfson is currently working for sanctioned Russian oligarch Roman Abramovich.

And a source close to Lord Hermer said: ‘Without commenting on individual cases, the Government’s robust conflict process would clearly preclude law officers having any involvement in cases in which they were instructed for other parties prior to appointment.’

A Tory source hit back, saying: ‘This is another in a long line of Lord Hermer’s clients who absolutely hate Britain. We believe this payout could run to hundreds of thousands of pounds of taxpayers’ money. The whole thing is absolutely rotten.’

Former attorney general Dominic Grieve said ministers should explain why the UK had taken the ‘very unusual’ step of paying compensation to Zubaydah.

Mr Grieve, who chaired a parliamentary inquiry that examined Zubaydah’s treatment, said what happened to him was ‘plainly wrong’ and told the Guardian that the ‘Government ought to make a ministerial statement’ on the case. 

Zubaydah is one of 15 prisoners who are still at Guantanamo Bay. He has been widely dubbed a ‘forever prisoner’

Zubaydah brought a legal claim against the UK, arguing that the country’s intelligence services were ‘complicit’ in his torture

Professor Helen Duffy, international legal counsel for Zubaydah, said a ‘substantial’ financial settlement had been reached with the Government, but she was unable to disclose the full amount for legal reasons. He will not see a penny of it while he remains locked up but Professor Duffy called for the UK to either give him a home or help him find one.

She said: ‘Legally, there’s no basis for him to be detained. Morally, there’s no basis, there’s no security concern 24 years into this person’s detention without charge or trial.

‘What is needed is political action by the UK and others. I think it’s important to note that it’s not that difficult for the United Kingdom to offer to help the United States to bring this costly and irrational detention at Guantanamo Bay to an end.’