The UK government has paid a “substantial” sum in compensation to a man who was tortured by the CIA and remains imprisoned without trial at Guantanamo Bay nearly two decades later.
Abu Zubaydah, who has been held at the US military prison since 2006, was the first detainee subjected to the CIA’s so-called “enhanced interrogation” techniques following the 11 September 2001 attacks. At the time, US authorities claimed he was a senior al-Qaeda figure, an allegation the US government later withdrew.
British intelligence agencies MI5 and MI6 passed questions to the CIA for use during Zubaydah’s interrogations, despite being aware that he was being subjected to severe mistreatment. Zubaydah brought legal action against the UK, arguing that British intelligence services were complicit in his torture. The case has now been resolved through a financial settlement.
His international legal counsel, Professor Helen Duffy, said the compensation was “important” and “significant”, but stressed that it did not go far enough. She called on the UK and other governments that bear responsibility for his treatment and continued exposure to abuse to ensure his release.
“These violations are not historical,” she said. “They are continuing.”
The Foreign Office, which has oversight of MI6, declined to comment, citing the sensitivity of intelligence matters.
The precise amount of compensation has not been made public for legal reasons, but Professor Duffy confirmed it was a substantial payment and that the process of transferring the funds was under way. She added that Zubaydah is currently unable to access the money himself.
Dominic Grieve, the former attorney general who chaired a parliamentary inquiry into Zubaydah’s case, described the settlement as highly unusual but said there was no doubt that what happened to him was “plainly wrong”.
Zubaydah, a Palestinian born in Saudi Arabia, has been held without charge or conviction since being transferred to Guantanamo Bay in 2006. He is one of 15 detainees who remain there despite numerous court rulings and official reports detailing his mistreatment. He has frequently been referred to as a “forever prisoner”.
He was captured by US forces in Pakistan in 2002 and spent the next four years detained in a network of secret CIA “black sites” across six countries, including Poland and Lithuania. These facilities operated outside the US legal system, and Zubaydah was the first person held within them.
After taking custody of him, CIA officials concluded that he should be permanently isolated from the outside world. Internal communications from MI6 later revealed that British intelligence believed his treatment would have broken 98% of US special forces personnel if they had been subjected to it. Despite this assessment, it took four years before the UK sought any assurances about his treatment.
Zubaydah’s arrest was initially presented by the US government as a major success in the so-called war on terror. President George W Bush publicly announced his capture, claiming he was a senior al-Qaeda operative involved in planning attacks. These assertions were later abandoned by US authorities, who no longer maintain that he was a member of al-Qaeda.
He has since been described as a “guinea pig” for the interrogation methods developed by the CIA after 9/11. A report by the US Senate Select Committee on Intelligence found that he was repeatedly subjected to practices that would be considered torture under UK law. These included being waterboarded 83 times, confined in coffin-like boxes, and subjected to physical assaults.
Professor Duffy said UK intelligence agencies had effectively “created a market” for his torture by submitting specific questions for use during his interrogations.
The Senate report was strongly critical of the CIA’s treatment of Zubaydah, as was a 2018 report by the UK Parliament’s Intelligence and Security Committee. That committee also criticised MI5 and MI6 over their involvement in the case of alleged 9/11 mastermind Khalid Sheikh Mohammed, raising the possibility of similar legal claims.
Neither the UK government nor Mohammed’s legal representatives would say whether any such case had been initiated or settled.
Mr Grieve said British authorities had evidence that US conduct should have triggered serious concern.
“We should have raised it with the United States and, if necessary, suspended cooperation,” he said. “We failed to do that for a considerable time.”
Professor Duffy said Zubaydah remains focused on securing his freedom and rebuilding his life.
“I hope the payment of these substantial sums will allow him to support himself once he is released,” she said, adding that this ultimately depends on the US and its allies ensuring that his detention finally comes to an end.
