The Ministry of Defence has announced that Afghan detainees captured by British forces are to be handed over to authorities in Afghanistan.
Richard Stein from law firm Leigh Day, who is representing one of the prisoners being held said:
Whilst we have argued that our client should not be held without trial, equally he should not be transferred into a system in which he could be abused and tortured.
We are currently reviewing in detail the material produced yesterday by the Government to support their new-found confidence in the safeguards they have put in place.
Once we have reviewed the Government's justification for reintroducing transfers we will of course need to consider the position with our client.
Despite a firm indication from a judge that it is unacceptable, the MoD have refused us access by phone to our client. We will now be applying urgently to the court to force them to allow us to communicate with him without delay.
Announcing the restart of the detainee transfers from Camp Bastion, Defence Secretary Philip Hammond said: "We have been working to identify a safe transfer route to Afghan custody and I am pleased that this work has come to fruition.
"I very much hope we do not face any further legal impediments in the British courts which could prevent us from transferring these detainees and force us to hold them for even longer in Camp Bastion.
"The facility at Parwan is run by the Afghan National Army, trained and mentored by US forces, and has received positive reports from humanitarian organisations that monitor conditions.
"Our coalition allies also now transfer detainees to the same Afghan facility. I am confident the safeguards in place will ensure detainees will not be at risk of mistreatment.
"Detaining individuals on the battlefield is crucial to stopping those who intend to kill British servicemen and women.
"Our troops must be able to detain enemies on the battlefield and debrief them for intelligence purposes and will continue to do so before transferring them into the Afghan judicial system."
The has MoD the UK would not transfer Afghan detainees at Camp Bastion to any facility where there was a risk of mistreatment but has been working with Afghan authorities to find a safe way to transfer detainees into the country's judicial system.
Many are suspected of involvement in the preparation, facilitation, or laying of Improvised Explosive Devices (IEDs), against UK forces, or were picked up at the scene of shootings of British troops, the MoD said, and have been held pending transfer to Afghan authorities for prosecution.
Defence Secretary Philip Hammond has now decided it is safe to transfer detainees to the Afghan National Detention Facility in Parwan, at the US military airfield in Bagram, which is operated and controlled by the Afghan National Army, with support from the US.
Interested parties have been notified of plans to resume transfers after 21 days, the MoD said.
It said British troops can detain suspected extremists captured on the battlefield under the authority of the UN Security mandate, and detainees are held where there is evidence linking them to criminal activity, before being transferred to Afghan authorities for further investigation.
Afghan detainees captured by British forces are to be handed over to Afghan authorities, the Ministry of Defence has announced.
The MoD said it plans to restart the transfer of detainees into the Afghan judicial system -suspended in November amid concerns detainees were being mistreated - after a decision by Defence Secretary Philip Hammond that it is now safe to do so.