Otterman on The World Today
Last night I was interviewed by Eleanor Hall of the ABC’s The World Today program regarding the UK government’s compensation of former Guantanamo detainees. Below is an excerpt of our wide-ranging chat:
ELEANOR HALL: This case of course sets no legal precedent in the United States or indeed in Australia but do you think it could have an influence on cases being brought in the US?
MICHAEL OTTERMAN: Well it’s possible, actually as I speak right now in New York there’s a jury deliberating on the fate of one former Guantanamo detainee. You know, the jury no doubt might hear about this recent decision and that may indeed sway them.
So it could have real impacts, you know, in things that are happening right now involving former Guantanamo detainees and it may also I think impact the case of Mamdouh Habib.
ELEANOR HALL: Well he’s in fact suing the Australian Government on the exact same grounds as the British Guantanamo detainees, so what influence do you think the British settlement could have on his case?
MICHAEL OTTERMAN: Well I mean Habib, just as the UK former detainees – they don’t have specific evidence of say of a UK officer torturing but they’re suing on collusion. The documents have already proven that, what’s already been released, that the Australian Government was very much so aware where Habib was.
ELEANOR HALL: Of course the UK Government made the point that it would have difficulty arguing its case because of the security and secrecy issues that would arise from it trying to mount a defence.
MICHAEL OTTERMAN: That’s true, I mean when you do sue intelligence officials, there are very strict secrecy precautions and people have to testify behind walls and there’s elaborate things. That’s not to say they don’t work though and governments, certainly in the US, hide behind these secrecy laws.
And so, while there are, you know, real concerns, you know, you don’t want to give away agents you know secret agents’ names but I think there’s a real abuse of this excuse.
ELEANOR HALL: Well the UK justice secretary said there was a danger that the public’s confidence in the Government’s adherence to human rights was being eroded. Does this settlement restore it?
MICHAEL OTTERMAN: Well it’s kind of a mixed bag. These former Guantanamo inmates who have suffered – there’s no doubt in my mind that these individuals were tortured – so it is good to hear that they will be compensated in some way.
But it’s also a win for the governments because it keeps these torture papers under wraps.


