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United Nations Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment 5Th Report by the United Kingdom of Great Britain and Northern Ireland

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United Nations Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment 5Th Report by the United Kingdom of Great Britain and Northern Ireland <As received by CAT on 6 September 2011> United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment 5th Report by the United Kingdom of Great Britain and Northern Ireland September 2011 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment 5th Report by the United Kingdom of Great Britain and Northern Ireland (Part 1) Metropolitan Area (Part 2) UK Crown Dependencies (Part 3) UK Overseas Territories Alternative format versions of this report are available on request from [email protected]. 5th Report by the United Kingdom of Great Britain and Northern Ireland Contents INTRODUCTION 5 Section I: Observations of the Committee following its examination of th the UK’s 4 Periodic Report 10 Subjects of Concern 10 Recommendations 31 PART 1: METROPOLITAN TERRITORY 42 Section II: Information relating to articles 1–16 of the Convention 42 Article 2: Effective measures to prevent acts of torture 42 Police Custody 42 Legal Framework 42 Notifications on Arrest 44 Audio- and video-recording of interviews 45 Measures to prevent ethnic discrimination 45 Police Codes of Practice 45 PACE in Northern Ireland 47 Access to legal advice in Police Custody 47 Police custody in Scotland 47 Prison Custody 48 Access to legal advice in prisons 48 Immigration Service 48 Recording of interviews and access to legal advice 48 Military Regulations 49 Peacetime regulations 49 Arrest and detention of terrorist suspects in Northern Ireland 50 Torture equipment 50 Orders from superior officers as a justification of torture 50 The concept of ―Due Obedience‖ as a defence 50 Article 3: Return of individuals to States where they might face torture 51 Extradition procedures 51 Asylum Procedures 51 Article 4: Criminalisation of Torture 52 Military Personnel 52 Police Personnel 52 Article 5: Establishment of Jurisdiction 54 1 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment Article 6: Detention of individuals suspected of torture 55 Article 7: Prosecution of individuals suspected of torture and not extradited 55 Article 8: Extradition of individuals suspected of torture 59 Article 9: Mutual Legal Assistance 59 Article 10: Education and training of police, military, doctors and other personnel to prevent torture and other forms of ill-treatment 59 Police officers 59 Prison Officers 61 Medical Staff 63 Immigration Officers 64 Military Training 65 Armed Forces custodial training 65 The Military Corrective Training Centre 65 Ministry of Defence medical staff 66 Crown Prosecution Service (CPS) 66 Other personnel – consular officials 67 Other personnel – intelligence officers and service personnel 67 Article 11: Systematic review of rules, instructions, methods and practices to prevent torture and other forms of ill-treatment 68 Optional Protocol to the Convention Against Torture – UK National Preventive Mechanism (NPM) 68 Police Services 70 Inspection 71 Review of the use of the right to silence 71 Review of measures to prevent ethnic discrimination 72 Deaths in or following police custody 72 Deaths by Ethnic origin 73 The use of sprays and restraints by the police 73 Prison Services 77 HM Inspectorate of Prisons 77 HM Inspectorate of Prisons (Scotland) 78 Criminal Justice Inspection (Northern Ireland) 78 Independent Monitoring of Prisons 78 Monitoring the use of restraints 79 Contracting out/privatisation of prisons and escort services 81 UK Border Agency (UKBA) 84 Military 86 Detention under Mental Health Powers 87 Crown Prosecution Service (CPS) 88 2 5th Report by the United Kingdom of Great Britain and Northern Ireland Coroner System 89 Regulation of the private security industry 91 Article 12: Investigation of acts of torture and other forms of ill treatments 92 Investigation of deaths in police custody 92 Investigations into deaths in prison 95 Deaths in Immigration Custody 96 Investigation in the Military Context 97 Article 13: Availability of complaints procedures for those suffering torture or other forms of ill-treatment 99 Police discipline and complaints 99 Prison discipline and complaints 102 Military discipline and complaints 106 Immigration Services 107 Article 14: Compensation for and rehabilitation of victims of torture 108 Article 15: Admissibility of confession evidence 109 Article 16: Other acts of cruel, inhuman or degrading treatment or punishment not amounting to torture 110 Prison population 110 Overcrowding 112 Deaths, violence and bullying in prison custody 113 Suicide Prevention 117 Education in Prisons 119 Youth Justice 121 Care and protection of children 125 Corporal punishment in schools 126 Corporal punishment in the home 127 SECTION III: GENERAL INFORMATION 128 A. Demographic, Economic, Social and Cultural characteristics of the state 128 Land and People 128 B. Constitutional, Political and Legal Structure 133 Government 133 The Law 142 GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED 161 C. Acceptance of International Human Rights Norms 161 D. Legal Framework for the Protection of Human Rights at a National Level 162 3 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment E. Framework within which Human Rights are promoted at a National Level 173 F. Reporting Process at National Level 178 Information on non-discrimination and equality and effective remedies 179 PART 2: UNITED KINGDOM CROWN DEPENDENCIES 182 I. GENERAL INFORMATION 182 II. INFORMATION RELATING TO THE ARTICLES IN PART I OF THE CONVENTION 183 Articles 2 and 4 183 Article 3 186 Article 5 187 Articles 6 and 7 187 Article 8 189 Article 9 190 Article 10 191 Article 11 192 Articles 12 and 13 195 Article 14 200 Article 15 200 Article 16 201 PART 3: UNITED KINGDOM OVERSEAS TERRITORIES 203 A. ANGUILLA 203 B. BERMUDA 204 C. BRITISH VIRGIN ISLANDS 207 D. CAYMAN ISLANDS 208 E. FALKLAND ISLANDS 215 F. GIBRALTAR 215 G. MONTSERRAT 215 H. PITCAIRN 215 I. ST HELENA, ASCENSION AND TRISTAN DA CUNHA 216 J. TURKS AND CAICOS 217 Glossary 218 Appendix 1: The United Kingdom’s National Preventive Mechanism 221 Appendix 2: Composition and Terms of Reference of the Royal Cayman Islands Prison Inspection Board 222 4 5th Report by the United Kingdom of Great Britain and Northern Ireland INTRODUCTION 1. This is the fifth report by the United Kingdom under Article 19 of the United Nations Convention Against Torture. It provides information on how the UK has continued to fulfil its obligations under the Convention since the examination of the UK‘s 4th report in November 2004 and the supplementary update provided to the Committee Against Torture in March 2006 (CAT/C/GBR/CO/4/Add.1). 2. The United Kingdom is a unitary State comprising England, Wales, Scotland and Northern Ireland (but not the Crown Dependencies: i.e. the Isle of Man and the Channel Islands). References in this report to ‗Great Britain‘ means England, Wales and Scotland taken together. This report has been compiled with the full cooperation of the devolved administrations of Wales, Scotland and Northern Ireland. 3. The fifth periodic report of the Crown Dependencies of the United Kingdom (Guernsey, Jersey and the Isle of Man) is submitted as Part 2 of this report. The fourth periodic report of the UK Overseas Territories is submitted as Part 3 of this report. Domestic prohibition of torture 4. Torture is a criminal offence in the United Kingdom under section 134 of the Criminal Justice Act 1988, and it carries a maximum penalty of life imprisonment. The Human Rights Act 1998, which came into force in October 2000, gives further effect in the United Kingdom law to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Article 3 of the ECHR provides that no one shall be subjected to torture, inhuman or degrading treatment or punishment. The Human Rights Act places a statutory obligation upon all public authorities to act compatibly with the Convention rights and strengthens a victim‘s or ability to rely upon the Convention rights in civil and criminal proceedings. 5. The United Kingdom is also party to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which entered into force in the United Kingdom on 1 February 1989. Since November 2004 the Committee has made four visits to the United Kingdom in 2005, 2007, 2008 and 2010. They visited Northern Ireland in 2008 and Guernsey and Jersey in 2010. Article 22 of the Convention Against Torture 6. In July 2004 the then Government reviewed on its position regarding the right of individual communication under article 22 of this Convention, as part of a wider review of international human rights instruments. 5 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment 7. The Government found that it remained to be convinced of the added practical value to people in the United Kingdom of rights of individual petition to the United Nations including that conferred by Article 22 of CAT. 8. The United Nations committees that consider petitions are not courts, and they cannot award damages or produce a legal ruling on the meaning of the law, whereas the United Kingdom has strong and effective laws under which individuals may seek remedies in the courts or in tribunals if they feel that their rights have been breached. 9. In 2004, the Government acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (the CEDAW OP). One of the reasons for doing so was to enable consideration, on a more empirical basis, of the merits of the right of individual petition more generally. Since March 2005, the UK has been named in only two applications to the UN CEDAW committee, and both were found inadmissible. 10. On 27 February 2009, the UK ratified the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities.
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