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The UN Convention Against Torture (UNCAT)

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The UN Convention Against Torture (UNCAT) House of Lords House of Commons Joint Committee on Human Rights The UN Convention Against Torture (UNCAT) Nineteenth Report of Session 2005-06 Volume II Oral and Written Evidence Ordered by The House of Lords to be printed 18 May 2006 Ordered by The House of Commons to be printed 18 May 2006 HL Paper 185-II HC 701-II Published on 26 May 2006 by authority of the House of Lords and the House of Commons London: The Stationery Office Limited £20.50 Joint Committee on Human Rights The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House. Current Membership HOUSE OF LORDS HOUSE OF COMMONS Lord Bowness Mr Douglas Carswell MP (Conservative, Harwich) Lord Campbell of Alloway Mary Creagh MP (Labour, Wakefield) Lord Judd Mr Andrew Dismore MP (Labour, Hendon) (Chairman) Lord Lester of Herne Hill Dr Evan Harris MP (Liberal Democrat, Oxford West & Lord Plant of Highfield Abingdon) Baroness Stern Dan Norris MP (Labour, Wansdyke) Mr Richard Shepherd MP (Conservative, Aldridge-Brownhills) Powers The Committee has the power to require the submission of written evidence and documents, to examine witnesses, to meet at any time (except when Parliament is prorogued or dissolved), to adjourn from place to place, to appoint specialist advisers, and to make Reports to both Houses. The Lords Committee has power to agree with the Commons in the appointment of a Chairman. Publications The Reports and evidence of the Joint Committee are published by The Stationery Office by Order of the two Houses. All publications of the Committee (including press notices) are on the internet at www.parliament.uk/commons/selcom/hrhome.htm. Current Staff The current staff of the Committee are: Nick Walker (Commons Clerk), Ed Lock (Lords Clerk), Murray Hunt (Legal Adviser), Jackie Recardo (Committee Assistant), Pam Morris (Committee Secretary) and Tes Stranger (Senior Office Clerk). Contacts All correspondence should be addressed to The Clerk of the Joint Committee on Human Rights, Committee Office, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general inquiries is: 020 7219 2467; the Committee=s e-mail address is [email protected]. The UN Convention Against Torture (UNCAT) Oral Evidence Page Monday 21 November 2005 Mr Ben Ward, Special Counsel, Human Rights Watch Ms Carla Ferstman, Director, REDRESS and Mr Livio Zilli, Researcher, Amnesty International Ev 1 Wednesday 7 December 2005 Ms Jane Winter, Director, British Irish Rights Watch and Ms Aideen Gilmore, Research and Policy Officer, Committee on the Administration of Justice Ev 19 Monday 6 March 2006 Ms Harriet Harman QC MP, Minister of State Baroness Ashton of Upholland, Parliamentary Under-Secretary of State and Mr John Kissane, Head of Human Rights Compliance and Delivery, Department for Constitutional Affairsl Ev 30 Mr Keir Starmer QC and Ms Jane Gordon, Human Rights Advisers to the Northern Ireland Policing Board Ev 40 Wednesday 8 March 2006 Mr Shaun Woodward MP, Parliamentary Under-Secretary of State, Northern Ireland Office Chief Constable Sir Hugh Orde, Assistant Chief Constable Peter Sheridan and Assistant Chief Constable Duncan McCausland, Police Service of Northern Ireland (PSNI) Ev 45 Monday 27 March 2006 Rt Hon Adam Ingram MP, Minister of State for the Armed Forces Lieutenant General R V Brims CBE DSO, Commander Field Army and Dr Roger Hutton, Director, Joint Commitments Policy, Ministry of Defence Ev 60 6 The UN Convention Against Torture Written Evidence Government & Public Bodies 1 Response by the United Kingdom to Recommendations by the United Nations Committee Against Torture following its examination of the United Kingdom’s 4th Periodic Report on 17/18 November 2004 dated 20 April 2006 Ev 68 2 Letter from the Chair to Rt Hon Harriet Harman QC MP, Minister of State for Constitutional Affairs, Department for Constitutional Affairs Ev 83 3 Letter from Baroness Ashton of Upholland, Parliamentary Under Secretary of State, Department for Constitutional Affairs Ev 85 4 Further evidence to the Department for Constitutional Affairs Ev 87 5 Letter from the Chair to Chief Constable Sir Hugh Orde, Police Service of Northern Ireland, re Use of AEPs Ev 88 6 Letter from Chief Constable Sir Hugh Orde, Police Service of Northern Ireland, re Use of AEPs Ev 88 7 Letter from Keir Starmer QC, Doughty Street Chambers, re Use of AEPs Ev 89 8 Letter from Mrs Nuala O’Loan, Police Ombudsman for Northern Ireland, re Use of AEPs Ev 89 9 Letter from the Chair to Shaun Woodward MP, Parliamentary Under Secretary of State, Northern Ireland Office Ev 90 10 Letter from Mr Shaun Woodward MP, Parliamentary Under Secretary of State for Northern Ireland, Northern Ireland Office Ev 90 11 Letter from the Chair to Rt Hon Jack Straw MP, Secretary of State for Foreign and Commonwealth Affairs, re Extraordinary Renditions Ev 91 12 Letter from Rt Hon Jack Straw MP, Secretary of State for Foreign and Commonwealth Affairs, re Extraordinary Renditions Ev 91 13 Letter from the Chair to Rt Hon Adam Ingram MP, Minister of State for the Armed Forces, Ministry of Defence Ev 95 14 Letter from Rt Hon Adam Ingram MP, Minister of State for the Armed Forces, Ministry of Defence Ev 96 15 Further letter from Rt Hon Adam Ingram MP, Minister of State for the Armed Forces, Ministry of Defence Ev 103 16 Further letter from Rt Hon Adam Ingram MP, Minister of State for the Armed Forces, Ministry of Defence Ev 104 17 Memorandum from Rt Hon Adam Ingram MP, Minister of State for the Armed Forces, Ministry of Defence, further to oral evidence session of 27 March 2006 Ev 104 Other Organisations 18 Submission from Amnesty International Ev 105 19 Submission from British Irish Rights Watch Ev 110 20 Further submission from British Irish Rights Watch, re Extraordinary Renditions Ev 138 21 Submission from the Committee on the Administration of Justice Ev 141 22 Submission from Human Rights Watch Ev 145 23 Submission from Immigration Law Practitioners’ Association (ILPA) Ev 150 24 Joint submission from JUSTICE and Liberty on UNCAT Ev 153 25 Further joint submission from JUSTICE and Liberty on UK involvement in Extraordinary Renditions Ev 159 26 Submission from Kurdish Human Rights Project Ev 169 27 Submission from the Law Society Ev 170 28 Submission from the Redress Trust Ev 177 29 Further submission from the Redress Trust on the alleged use of UK airports in extraordinary renditions Ev 181 30 Submission from The 1990 Trust Ev 185 Individuals 31 Submission from Peter Kinderman, Professor of Clinical Psychology, University of Liverpool, re Psychological Torture Ev 188 32 Submission from Michelle Pratley Ev 189 335839PAG2 Page Type [SO] 22-05-06 22:58:27 Pag Table: COENEW PPSysB Unit: PAG2 Joint Committee on Human Rights: Evidence Ev 1 Oral evidence Taken before the Joint Committee on Human Rights on Monday 21 November 2005 Members present: Mr Andrew Dismore, in the Chair Bowness, L Mary Creagh Lester of Herne Hill, L Dan Norris Stern, B Mr Richard Shepherd Mr Douglas Carswell Witnesses: Mr Ben Ward, Special Counsel, Human Rights Watch, Ms Carla Ferstman, Director, REDRESS and Mr Livio Zilli, Researcher, Amnesty International, examined. Q1 Chairman: Welcome everybody. This is the first are in fact part of the same obligation and there is of our evidence sessions on UK compliance with no distinction between them, and in fact if there is the UN Convention Against Torture, and we have going to be an eVective international system for the three witnesses today: Mr Zilli from Amnesty prevention of torture it is absolutely critical that the International, Mr Ward from Human Rights states recognise that their obligation in relation to Watch and Ms Ferstman from REDRESS. First of torture does not stop with not torturing people all, thank youall for coming. What I wouldlike to themselves, but extends to their relations with other do is start oV with a general question and perhaps states and the actions they take that indirectly may this is best addressed in the first instance to Mr expose people to that risk. Ward. What is your overall view of UK compliance Mr Zilli: I would like to briefly thank the with the Convention Against Torture and where do Committee for having given this opportunity to youthink the di Yculties are to be found? Is it in Amnesty to address youon this subject,this very the legal structures, in Government policy or just important inquiry you are conducting. I would like in the practical treatment of detainees? to underscore what Ben has just said and I think Mr Ward: It seems to me that what we can observe that the Convention Against Torture as the in UK Government policy in respect of torture over primary instrument internationally makes it very the past several years is a kind of divergence and clear that the prohibition itself—which of course a sense that actually the obligation that the UK has has been recognised by the House of Lords and in respect of torture has a hard part and a soft part. many other judicial and other bodies to have the The hard part is that the UK has a clear obligation character of encompassing an erga omnes not to carry out any actions itself that would result obligation on governments—consists of a whole in torture, so it must not torture detainees, it must host of duties.
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