Law and Rights
Earlier this year, the government, very commendably, made public "consolidated guidance" to Intelligence Officers and Service Personnel on the detention and interviewing of detainees overseas and on the passing and receipt of intelligence relating to detainees. It now appears that the Equality and Human Rights Commission is claiming that the guidance is unlawful (here) whereas the government disagrees (here). The Commission has suggested ways in which, in their view, the guidance might be amended to make it lawful. Unless the matter can be resolved then it is likely that the Commission will apply for judicial review of the guidance.
Under the guidance, British officers may not cooperate with foreign forces over the interrogation of terror suspects if they ?know or believe? that torture will take place. There is no such restriction where officers believe there is only a ?serious risk of torture?, which the commission argues is not consistent with the UK?s international obligations, including the UN convention against torture. - see (link). A further issue relates to "cruel, inhuman or degrading treatment" where the guidance appears to be somewhat less rigorous.
The European Convention on Human Rights Article 3 also outlaws torture, inhuman or degrading treatment or punishment. In a number of cases, the European Court of Human Rights has given general descriptions of what makes treatment or punishment "inhuman" or "degrading". Inhuman treatment has included hooding; continuous loud noises, sleep deprivation, reduced diet and being made to stand against a wall in a painful posture for a lengthy period: Ireland v U.K. (1979-80) 2 EHRR 25. Degrading treatment has been described as treatment which humiliates or debases an individual showing a lack of respect for, or diminishing, his or her human dignity or which arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance: Pretty v United Kingdom (2002) 35 EHRR 1
After the general election, the government announced an inquiry into allegations of British complicity in torture - The Guardian 21st May. The Foreign Secretary (Mr William Hague) stated - "It is vital to remember that torture does not help us defeat terrorists; it helps them to try to justify their hostility to us".
See also Cabinet Office - "UK involvement with detainees in overseas counter-terrorism operations"
Detainee Legacy Issues - post on Watching the Law
- The Difference Between Torture And Other Ill-treatment: Cestaro V. Italy And The ?prohibited Purpose? Requirement
Christina Kosin (LL.M. Edinburgh) Ph.D. candidate and academic assistant at the German Police University What is the central element which distinguishes torture from inhuman or degrading treatment or punishment? Some scholars claim that the ?prohibited...
- The Truth, The Whole Truth And Nothing But The Truth
The Torturer has long been regarded as the enemy of mankind (Hostis humani generis). Those who authorise the use of torture or who, when in an official capacity, condone it or turn a blind eye to it should also be condemned - see, for example, Prosecutor...
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Cruel Britannia ~ Serious Material To Consider
Suspicions about recent UK involvement in torture or (other cruel, inhuman or degrading treatment ) committed abroad have never been properly laid to rest and they are unlikely to be resolved if the Justice and Security Bill reaches the statute book....
- Has The Uk Been Complicit In Either The Torture Or Mistreatment Of Prisoners?
The media has been replete with articles about the Court of Appeal's judgment in R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65. We have also heard how efforts were made to persuade Lord Neuberger MR...
Law and Rights
The Equality and Human Rights Commission challenges the government ...
Under the guidance, British officers may not cooperate with foreign forces over the interrogation of terror suspects if they ?know or believe? that torture will take place. There is no such restriction where officers believe there is only a ?serious risk of torture?, which the commission argues is not consistent with the UK?s international obligations, including the UN convention against torture. - see (link). A further issue relates to "cruel, inhuman or degrading treatment" where the guidance appears to be somewhat less rigorous.
The European Convention on Human Rights Article 3 also outlaws torture, inhuman or degrading treatment or punishment. In a number of cases, the European Court of Human Rights has given general descriptions of what makes treatment or punishment "inhuman" or "degrading". Inhuman treatment has included hooding; continuous loud noises, sleep deprivation, reduced diet and being made to stand against a wall in a painful posture for a lengthy period: Ireland v U.K. (1979-80) 2 EHRR 25. Degrading treatment has been described as treatment which humiliates or debases an individual showing a lack of respect for, or diminishing, his or her human dignity or which arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance: Pretty v United Kingdom (2002) 35 EHRR 1
After the general election, the government announced an inquiry into allegations of British complicity in torture - The Guardian 21st May. The Foreign Secretary (Mr William Hague) stated - "It is vital to remember that torture does not help us defeat terrorists; it helps them to try to justify their hostility to us".
See also Cabinet Office - "UK involvement with detainees in overseas counter-terrorism operations"
Detainee Legacy Issues - post on Watching the Law
- The Difference Between Torture And Other Ill-treatment: Cestaro V. Italy And The ?prohibited Purpose? Requirement
Christina Kosin (LL.M. Edinburgh) Ph.D. candidate and academic assistant at the German Police University What is the central element which distinguishes torture from inhuman or degrading treatment or punishment? Some scholars claim that the ?prohibited...
- The Truth, The Whole Truth And Nothing But The Truth
The Torturer has long been regarded as the enemy of mankind (Hostis humani generis). Those who authorise the use of torture or who, when in an official capacity, condone it or turn a blind eye to it should also be condemned - see, for example, Prosecutor...
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Cruel Britannia ~ Serious Material To Consider
Suspicions about recent UK involvement in torture or (other cruel, inhuman or degrading treatment ) committed abroad have never been properly laid to rest and they are unlikely to be resolved if the Justice and Security Bill reaches the statute book....
- Has The Uk Been Complicit In Either The Torture Or Mistreatment Of Prisoners?
The media has been replete with articles about the Court of Appeal's judgment in R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65. We have also heard how efforts were made to persuade Lord Neuberger MR...