A QC acting for the Government has admitted ministers have no plans to lobby the US on behalf of Guantanamo detainee Omar Deghayes.
The revelation came in the High Court yesterday where lawyers acting for the Saltdean law student and two other inmates seek court orders to force Foreign Secretary Jack Straw to petition for their release.
Christopher Greenwood QC said representations are to be made to United States authorities over Bisher al-Rawi, a British resident alleged to have MI5 connections.
The Government maintains it is under no obligation to act as the men are foreign nationals.
But yesterday Mr Greenwood said Mr Straw had now "reconsidered separately" the case of Iraqi-born businessman Mr al-Rawi, who has been detained by the Americans for three years.
Mr Greenwood said the Foreign Secretary had concluded that there were facts in Mr al- Rawi's case, which could not be gone into in open court, that meant "a specific, security-related request" should be made on his behalf. There were currently no plans to make "general requests" on behalf of Jamil el-Banna and Mr Deghayes.
He said: "The likely reaction to a security-related request may be different from the reaction to a general request."
Mr al-Rawi, 37, and his Jordanian business partner Mr el-Banna, who was granted refugee status in 2000, were detained three years ago in Gambia. They were allegedly associated with al Qaida through their connection with Muslim cleric Abu Qatada.
Lawyers for Mr al-Rawi say he had had contact with Qatada "expressly approved and encouraged by British intelligence".
Mr Deghayes' name was on the FBI's "most wanted" list. But his legal team says the photograph in his file was of a "totally different individual".
Timothy Otty, appearing for all three men, said there was now "compelling evidence" that they had been "severely tortured and suffered inhuman and degrading treatment" at Guantanamo Bay.
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