The Prime Minister has refused to reply to demands by The Argus for justice for Guantanamo Bay detainee Omar Deghayes.

Tony Blair instead passed our letter to Foreign Office minister Kim Howells, who said he would not comment on the case because it was the subject of legal proceedings.

Lawyers for Mr Deghayes, a 36-year-old law graduate from Saltdean, are involved in a High Court battle to have him freed from Camp Delta, where he is being held as a terror suspect by the US, and given a fair trial.

But Birnberg Peirce and Partners, which is representing Mr Deghayes and two other detainees in the legal battle, said there was nothing stopping the Foreign Office from commenting on Mr Deghayes' case and pointed out that Foreign Secretary Jack Straw had publicly done just that a week ago.

Mr Deghayes is being held without trial or charge and alleges he has been tortured. He has been on hunger strike since August last year and is being force fed.

His family and many of his supporters described the Foreign Office's response to our letter as "completely inadequate".

In its letter to Mr Blair, The Argus outlined the UK's legal obligation to intervene for Mr Deghayes, a Libyan refugee who has lived in Sussex since the Eighties.

Gareth Peirce, the lawyer who freed the Guildford Four, is seeking a High Court ruling which would force the Government to adhere to human rights legislation and seek the release of Mr Deghayes and two other British residents imprisoned at Guantanamo.

Foreign Office minister Kim Howells did not comment on this issue.

Instead he repeated five times that the UK had made its disapproval of conditions at Guantanamo Bay and its concern about the hunger strike known to the US.

Mr Howells said: "Whatever their status, the detainees are entitled to humane treatment and, if prosecuted, a fair trial.

"The UK has discussed these issues with the US and will continue to do so."

On the subject of torture, which had been found by the UN to be taking place at the military prison, Mr Howells said: "On December 5, 2005, the US Secretary of State, Dr Condoleeza Rice, made a detailed public statement on the treatment of detainees, confirming that the US respects the rules of international law, including the UN Convention on Torture."

Mr Deghayes' brother Abubaker, who still lives in Saltdean with his mother and his family, said: "That is total nonsense.

"Facts prove that torture is used routinely in Guantanamo Bay, as detailed in the UN report.

"These kind of statements make me very sad.

"They are paying lip service to the illegality of Guantanamo bay without actually doing anything.

"The US embassy political adviser told us last week that if Jack Straw asked about Omar, the US would have to respond.

"The UK is a strong ally of the US and could do something if it wanted to."

Birnberg Peirce & Partners last month succeeded in getting permission to seek a High Court ruling that would force the Foreign Office to try and secure the return of Mr Deghayes and two other British residents detained in Guantanamo Bay to the UK.

A judge will decide whether or not Mr Straw must act following a hearing scheduled to start on March 22 and last for three days.