Correspondence from March to December 2014 regarding the case of Mohammad Asghar: FOI release

Information requested

All correspondence, documents briefings and notes from March to December 2014 regarding the case of Mohammad Asghar.

Response

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections 38(1)(B) Personal information, 32(1)(a)(ii) Relations with UK Government, 32(1)(a) International Relations, 30(b)(i) free and frank provision of advice or exchange of views, and 25(1) Information Otherwise Accessible of FOISA applies to this information. The reasons why these exemptions applies are explained below in this letter.

Exemptions under 38(1)(b) of FOISA apply to some of the information you have requested where personal details of officials, legal representatives and medical information were discussed. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Some of the information you requested has been withheld under 32(1)(a)(ii) Relations with UK Government of FOISA as this information was provided to us in confidence by the UK Government and releasing it could have a substantial impact on our relations. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release in the interests of open and transparent government. However, this is outweighed by the public interest in maintaining a private space for discussion between governments.

Exemptions under 32(1)(a) of FOISA apply to some of the information you have requested as disclosure would be likely to prejudice substantially relations between the UK and any other State and the interests of the UK abroad. This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release in the interests of open and transparent government. However, this is outweighed by the public interest in promoting and defending human rights.

Exemptions under 30(b)(i) of FOISA also applies to some of the information you requested as disclosure would be likely to inhibit substantially the free and frank provision of advice. This exemption is subject to the public interest test. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release in the interests of open and transparent government. However, this is outweighed by the public interest in maintaining a private space for seeking advice and discussions between governments and third parties.

Lastly, exemptions under 25(1) of FOISA also apply as this information was found to be otherwise accessible. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

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FOI - 202300354423 - Information release

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