Documents obtained by the BBC revealed that the confinement of the 85 men could amount to unlawful detention and internment, although the Ministry of Defence has contended that detentions in Afghanistan were legal under UN mandate.
Phil Shiner of Birmingham-based Public Interest Lawyers, who is representing eight of the men, said: ‘This is a secret facility that's been used to unlawfully detain or intern up to 85 Afghans that they've kept secret, that Parliament doesn't know about, that courts previously when they have interrogated issues like detention and internment in Afghanistan have never been told about - completely off the radar.’