In January 2002, the British government gave instructions to its intelligence agencies debriefing or interrogations prisoners captured in Afghanistan, many of whom were being abused or tortured by their US allies. The agencies asked for legal guidance, and the UK Guardian has now published what that guidance was, posting the original document online.
According to the Guardian:
The interrogation policy – details of which are believed to be too sensitive to be publicly released at the government inquiry into the UK's role in torture and rendition – instructed senior intelligence officers to weigh the importance of the information being sought against the amount of pain they expected a prisoner to suffer. It was operated by the British government for almost a decade....A couple of quick points, as I won't have time to delve real far into this today.
One section states: "If the possibility exists that information will be or has been obtained through the mistreatment of detainees, the negative consequences may include any potential adverse effects on national security if the fact of the agency seeking or accepting information in those circumstances were to be publicly revealed.
1) The UK government's guidance essentially asks the intelligence agents and interrogators, who specifically are not allowed to use torture or cruel treatment themselves, to assess whether the intel gathered through the torture of their US allies would have any negative effects if exposed. If so, then they are to ask for permission from higher ups to proceed. Presumably, if they believe the means of extracting information won't ever be found out, they can proceed (though the document notes such intel can't then be used in court).
This also means that collaboration with torture occurred most likely at higher agency levels, or even, as the document suggests, at the Minister level.
