We are now in the ludicrous position where the FCO is considering whether I can be allowed to see documents I actually wrote myself, communications which were sent to me and minutes of meetings I was at, or whether I should be asked to give evidence without any access to the written evidence. I am also waiting to hear whether I shall be allowed to be accompanied by my counsel, the great lawyer Gareth Peirce. I need help and support in preparing and organising my evidence, and I need moral support in appearing in a secret meeting where the large majority of the committee have been chosen specifically as security service “trusties” with an unquestioning neo-con world view. I expect to receive a very hostile reception.
I have just sent this email to the committee:
I have been considering my appearance before the Committee.
As you will know, there has been very substantial doubt in the human rights community about the good faith of your committee’s inquiry. I have been prepared to give the benefit of the doubt and offer to cooperate.
However if the committee really are genuine, they should wish me to be able to prepare and give the best evidence that I am able to do. There is no doubt that something went very wrong in terms of the UK government’s collusion with overseas torture programmes. The Feinstein report made plain that the CIA was very wrong in what it did, and your committee know very well that the CIA was sharing with SIS the intelligence obtained by torture. The British government has settled with large payments cases where the British government was involved more actively.
To the best of my knowledge, I am the only member of the senior civil service in the UK who attempted to raise a red flag and stop what was happening. My evidence is therefore of some weight. I will also testify there was a deliberate policy of not writing down the policy on accepting torture. I was told this directly and can point to documentary evidence of senior level unminuted policy meetings on the specific subject.
At the time I blew the whistle, Jack Straw denied the existence of the extraordinary rendition programme and I faced 18 trumped-up disciplinary charges, some of them criminal in nature, which resulted in the destruction of my career and my health. I attach a letter from the government to Lord Jones of Cheltenham which confirms I was cleared of all the original charges (but found guilty of revealing their existence). To the best of my knowledge this letter tells a direct untruth that the charges against me arose from formal complaints from members of my staff. I was never told this during the disciplinary process and no such formal complaint was ever put to me.
You will therefore understand that it is essential I am given every facility to give the best evidence to the committee. That means I must be allowed to see the paperwork I have requested already, to refresh my memory. It would make a farce of your inquiry were I not allowed to see communications which were sent to me, minutes of meetings I was at, and even correspondence I wrote myself.
I am not prepared to appear before the committee in a position where the members of the committee have the appropriate documents before them, and I do not. Still less when nobody has the relevant documents.
Similarly, I wish to prepare my evidence with my counsel, Gareth Peirce, and to have her alongside to support and advise me in giving my evidence. If the best evidence to get at the truth is the genuine desire of your committee, I am sure you will decide to allow this.
I should be grateful if you could pass this email and its attachment, which I am publishing, to all members of the committee.