Or will the stampede towards greater governmental secrecy in the end do more damage
I suspect the winner will be governmental secrecy. Blair retrospectively described his support for the Freedom of Information Act as his greatest mistake in government
complying with the act can be an imposition for public servants
yet even FOIA requests did not reveal the extent of the parliamentary expenses scandal
Most references about duck islands and even criminal offences were redacted out of the FOIA disclosures – we learned about these only through a leak
Most of the clamour for secrecy involves the conflation of protecting "national security" or "privacy" with preventing "political embarrassment"
There is also a vicious circle: we fail to see the perils of secrecy because the secrecy laws make it almost impossible to describe the danger
I have the privilege of a security clearance in the United States. I take my obligations under the relevant laws extremely seriously and I never violate the rules that govern my access to the prisoners that I represent in Guantánamo Bay
I have been aghast over the last eight years to see the kind of drivel that is considered "classified"
discussed in some detail in Ian Cobain's book
and about which I can talk somewhat openly
Because the UK security services had indisputably been "mixed up in the wrongdoing" of Binyam's torture
the UK courts ordered that certain documents be revealed to me
Seven paragraphs describing the bare bones of these materials were eliminated from the judges' original opinion based on the vehement objection of the British government
The judgment made clear that the documents contained far greater detail of Anglo-American misconduct – details that presumably corroborated Binyam's claims of torture
the US shipped him back to Britain; rather than risk further embarrassing disclosures
the UK government settled Binyam's civil claim for damages
The sequel to this episode was depressing: the coalition government has pushed forward with the euphemistic justice and security bill (more accurately called the secrecy bill)
This would ensure that no such embarrassing judicial revelations ever occur again
to know how British officials worked with Colonel Gaddafi to help the ogre torture his opponents in Libya
We are told that the British public has no right to know what policy governs when the MI6 shares targeting information for the US "kill list" in Pakistan – that would be a national security issue
albeit one that involves conspiring in an international war crime
This is where Cobain's readable book makes such a vital contribution to our evaluation of how Bush and Blair – and their heirs – have thwarted the march towards democratic openness
Cobain and I once shared the comfortable notion that Britain stood above the nastiness of torture
Cobain's book demonstrates how naive we were
One fault of the Bush-Blair years was the politicians' failure to learn basic lessons of history: torture did not secure reliable information in 1600 (when witches "confessed"); it was no more helpful in 2001
Cobain fills in that history in a way that should be required reading for those contemplating a vote for the secrecy bill
throughout the 20th century and into the 21st
During and just after the second world war
Interrogators were told that "mental pressure but not physical torture is officially allowed." While murder was forbidden
interrogators were told they "were permitted to threaten to kill prisoners' wives and children"
techniques that were deemed "quite proper"
The interrogators read between the official lines
just as their counterparts did later in Guantánamo Bay and Abu Ghraib
They employed stress positions (standing up for eight days on end)
originally devised by the Spanish inquisition) and denial of food
combined with the "standard sleep deprivation and isolation regime"
In a precise parallel with Bagram air base
two prisoners died in the custody of one Captain John Smith
In the British torture prison at Bad Nenndorf
when a prisoner complained that he was going to starve
Captain Smith replied with sang froid: "Yes
it looks like you are." More than 60 years later
who began trembling with fear when he learned the subject of the proposed interview
What did this systematic abuse of Germans achieve
that Hitler was dead." When the political mandarins were faced with the horror of what had been done to the prisoners
so the British authorities made sure there were no public prosecutions where inconvenient truths might seep out
One witness was advised to "escape" (by walking out of the open gate) after being told that if he testified against the British officers he would be the one spending the rest of his life in prison
Cobain's history continues with British abuses in the late colonial era
As the world sought scientific answers in the 50s and 60s
so the British sought more scientific methods of abusing prisoners in the cold war
Then came the notorious "five techniques" used on the alleged terrorists targeted in Northern Ireland before
we repeated all the mistakes of history with the "war of terror" (as Borat called it) and Iraq
yet know all the sordid details of our recent past
with the energetic support of the government
devoted to keeping their misconduct secret for as long as possible
Cobain has used declassified materials from years gone by to demonstrate a pattern that has been recycled with the perceived terrorist threat faced by each generation
Clive Stafford Smith's Injustice: Life & Death in the Courtrooms of America is published by Harvill Secker
This article was amended on 6 December 2012
to insert the word "alleged" before "terrorists" in the penultimate paragraph.