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尽管向三家法院提供虚假证据,军情五处仍免于法律诉讼MI5 escapes legal action despite providing false evidence to three courts

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英国军情五处(MI5)及其总干事因向三家法院提供虚假证据、“严重失职”,避免了面临法律诉讼。

MI5 and its director-general have avoided legal action after the Security Service "fell badly short" by providing false evidence to three courts.

高等法院资深法官表示,法院启动藐视法庭程序追究该机构的失职行为“将不符合公共利益”。

Senior judges at the High Court said it "would not be in the public interest" for the court to initiate contempt of court proceedings over the agency's failures.

该错误证据曾被用于2022年成功申请一项针对英国广播公司(BBC)的禁制令。

The incorrect evidence was used in a successful bid for an injunction against the BBC in 2022.

该裁决阻止了BBC播出一部纪录片,该片将点名一名被称为“X”的男子,据称他虐待了两名女性,且是一名秘密人力情报来源(CHIS)。军情五处坚持该信息准确长达三年,但后来承认有误。

The ruling prevented it from airing a documentary naming a man known as X who has allegedly abused two women and is a covert human intelligence source (CHIS). MI5 maintained the information was accurate for three years but later admitted it was wrong.

总干事肯·麦卡勒姆爵士在周二裁决后发表声明称,该判决“凸显了军情五处在本案中的严重失职”,并补充道:“在该案中,我领导的机构严重失职。” 7月,副调查权专员约翰·戈尔德林爵士认定军情五处存在“严重且系统性的失职”,且一名仅被称为“官员2”的军官就其在事件中的角色撒了谎。

In a statement after Tuesday's ruling, director-general Sir Ken McCallum said the judgment "underlines MI5's serious failures in this case", adding: "In this instance the agency I lead fell badly short." In July, the Deputy Investigatory Powers Commissioner, Sir John Goldring, found "serious and systemic failings" by MI5 and that one officer, known only as Officer 2, lied about his role in the incident.

9月的一场听证会获悉,军情五处及包括麦卡勒姆爵士和官员2在内的个人应面临藐视法庭程序。

A hearing in September was told MI5 and individuals including Sir Ken and Officer 2 should face contempt of court proceedings.

据称遭X虐待的两名女性之一的律师主张,存在“反复阻止真相浮出水面的行为”。

Lawyers for one of the women allegedly abused by X claimed there were "repeated efforts to prevent the truth emerging".

然而,首席大法官卡男爵夫人、维多利亚·夏普女爵士和张伯伦法官组成的合议庭表示,此时启动程序“不太可能做出超出戈尔德林爵士报告结论的结果”。

However, Lady Chief Justice Baroness Carr, sitting with Dame Victoria Sharp and Mr Justice Chamberlain, said proceedings at this stage would be "unlikely to do more than duplicate" the findings of Sir John's report.

卡男爵夫人在解释裁决时表示,对麦卡勒姆爵士采取进一步行动不符合公共利益,且对军情五处唯一可能的制裁将是经济处罚。

Explaining the ruling, Baroness Carr said there was no public interest in further action against Sir Ken and that the only possible sanctions against MI5 would be financial.

她说:“对军情五处实施经济处罚,其唯一效果只会是剥夺其履行重要职责所需的资金,这不符合公共利益。”

"There could be no public interest in imposing a financial penalty whose only effect would be to deprive MI5 of funds it requires to undertake its important work," she said.

法官们表示,针对个别官员的诉讼将“极其耗费资源”,并将“面临一些实质性障碍,这些障碍可能克服,也可能无法克服”。

The judges said proceedings against individual officers would be "highly resource-intensive" and would "face some substantive hurdles, which may or may not be overcome".

这项仍然生效的禁制令允许英国广播公司(BBC)播放一部纪录片,该片指控X是一名厌女的新纳粹分子,曾用砍刀袭击其时任女友,但禁止该公司披露他的身份。

The injunction, which remains in force, allowed the BBC to air a documentary which alleged X was a misogynistic neo-Nazi who attacked his then-girlfriend with a machete, but prevented the corporation from identifying him.

西班牙足球运动员在场上碰撞后身亡 英军若遭袭将被允许向俄军还击 在禁制令程序的证人陈述中,英国军情五处(MI5)虚假声称其坚持对BBC既不确认也不否认(NCND)X是否为秘密人力情报来源(CHIS)的政策。

Spanish footballer dies after on-field collision British troops will be allowed to fire back at Russian forces if attacked In a witness statement for the injunction proceedings, MI5 falsely claimed it had maintained its policy of neither confirming nor denying (NCND) to the BBC whether X is a CHIS.

这一证据也被提交给一个调查针对英国情报机构指控的专门法庭,军情五处在那里为X的前女友(化名“贝丝”)提出的法律诉讼进行辩护,后者指控X涉嫌虐待她。

This evidence was also given to a specialist tribunal which investigates allegations against the UK intelligence services, where MI5 was defending a legal claim from X's former girlfriend, known as "Beth", over X's alleged abuse of her.

然而,BBC后来告知军情五处,其录制了一段2020年与官员2的对话,后者确认X是秘密人力情报来源。

However, the BBC later told MI5 it had recorded a 2020 conversation with Officer 2, who confirmed X was a CHIS.

在军情五处进行内部调查期间,同三位法官于去年7月表示,这些调查存在“重大缺陷”,使他们“无法对得出的结论抱有必要程度的信心”。

While MI5 undertook internal investigations into the incident, the same three judges said in July last year that these had "major deficiencies" which left them "unable to have the requisite degree of confidence in the conclusions reached".

官员2于去年辞去军情五处职务,而贝丝于3月与军情五处达成和解,解决了她对军情五处的诉讼,军情五处未承认任何责任。

Officer 2 resigned from MI5 last year, while Beth settled her claim against MI5 in March, with the service making no admission of liability.

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