The UK's Implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Civil society alternative report March 2019 First published March 2019. All rights reserved. Materials may be freely disseminated and used for educational, activist and non-profit purposes, with due acknowledgment of the source. Otherwise, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of REDRESS. REDRESS 87 Vauxhall Walk London, SE11 5HJ United Kingdom www.redress.org @REDRESSTrust /theREDRESSTrust The UK implementation of the UN Convention against Torture Supporting organisations • Dr Simon Flacks, Senior Lecturer in Law, University of Westminster This report has been endorsed by the 74 NGOs, civil • ECPAT UK (Every Child Protected Against Trafficking) society groups and individuals listed below. Not all of the organisations work across all areas addressed or necessarily • Freedom from Torture support all of the recommendations. • Freedom United • Action by Christians Against Torture • Friends, Families and Travellers • Anti Trafficking and Labour Exploitation Unit (ATLEU) • Gatwick Detainees Welfare Group • Anti-Slavery International • Global Diligence LLP • Anti-Trafficking Monitoring Group • Global Initiative to End All Corporal Punishment of • Association of Visitors to Immigration Detainees (AVID) Children • Asylum Matters • Helen Bamber Foundation • Bahrain Institute for Rights and Democracy • Hestia • Bail for Immigration Detainees • Hope at Home • Birmingham Methodist District's Adavu Project • Howard League for Penal Reform • Black Country Women's Aid • Human Rights Implementation Centre • Caritas Bakhita House • Human Trafficking Foundation • Centre for Crime and Justice Studies • Imkaan • Changing Perspectives • INQUEST • Children in Wales • International Truth and Justice Project • Children’s Rights Alliance for England, part of Just for • Joint Council for the Welfare of Immigrants Kids Law • JUSTICE • Criminal Justice Alliance • Kalayaan • Dimensions • Lewisham Refugee and Migrant Network • Disability Rights UK • Liberty • Disabled People Against Cuts • Medical Justice • Dr Elizabeth Stubbins Bates, Junior Research Fellow in • Mind Law, Merton College, University of Oxford 3 • National Survivor User Network • Sophie Hayes Foundation • Olallo Services, Saint John of God Hospitaller Services • Southall Black Sisters • Omega Research Foundation • Standing Committee for Youth Justice • Persons Against Non-State Torture • Stop Slavery Today • Prison Reform Trust • The AIRE Centre • Professor Gary Craig, Convenor, Co-Modern Slavery • The Challenging Behaviour Foundation Research Consortium, Professor of Social Justice, School • The Zahid Mubarek Trust of Law, University of Newcastle upon Tyne, Chair, North East Race Equality Forum. • Wales Assembly of Women • Professor Nick Hardwick, Royal Holloway University of • West Midlands Anti Slavery Network London; Lutz Oette, Centre for Human Rights Law, SOAS, University of London; Par Engstrom, the UCL Institute • Women in Prison of the Americas; Tom Pegram, UCL Global Governance Institute, as conveners of the UK Prohibition of Torture • Women's Resource Centre Network's 2019 workshop: The UK Prison System: Compliance with International Human Rights Law. • Professor Ruth Blakeley (University of Sheffield) and Dr Sam Raphael (University of Westminster), Directors, The Rendition Project. • Quaker Concern for the Abolition of Torture • REDRESS • Refugee Action • Refugee Council • René Cassin • Reprieve • Rights Watch (UK) • Robin Brierly Consultancy • Room to Heal • Runnymede Trust • Shiva Foundation 4 The UK implementation of the UN Convention against Torture About this report • Hate crimes; • Redress; The United Kingdom (UK) ratified the UN Convention • The use of torture evidence; against Torture and Other Cruel, Inhuman or Degrading • Accountability for allegations of torture overseas; Treatment or Punishment in 1988. • Safeguards against torture overseas; and States Parties are required to periodically report on the • Universal jurisdiction. measures they have taken to implement their obligations under the Convention. This report covers the situation in England and Wales. The situation in Northern Ireland and Scotland will be This report is submitted to the UN Committee against covered in other civil society reports. Torture as an alternative (or shadow) report to the UK’s sixth periodic report submitted in November 2017. Devolution The UK will be examined by the Committee in May 2019. The UK is made up of four countries: England, Wales, Scotland and Northern Ireland. This report follows four consultation events and a call for evidence across England and Wales as part of The UK Parliament remains responsible for legislating the UK Torture Review project in which over 90 civil in “reserved” matters, or areas which are not devolved society organisations and individuals participated in the which includes: foreign affairs, defence and national 2 consultations or provided written evidence to inform the security; macro-economic and fiscal matters. report. In Wales, the Government of Wales Act 2006 formally The report takes a thematic approach, based on the separated the National Assembly (legislature) and the information received and the List of Issues Prior to Welsh Assembly Government (executive). The National Reporting published by the Committee in June 2016.1 It Assembly for Wales has powers to pass laws in all the 3 4 is divided into the following chapters: devolved areas as set out in the 2006 Act. This includes: • The UK context; • Health and health services, including the promotion of health and the provision of health services; • Legislative, administrative, judicial or other measures to prevent torture or ill-treatment; • Social welfare, including social services, the protection and well-being of children and young adults, the care • Asylum and immigration; of children, young adults, vulnerable persons and older • Prisons and other forms of detention; persons, including care standards; • Policing, the use of equipment and the criminal • Housing, including homelessness; and justice system; • Education and training. • Other forms of deprivation of liberty and ill-treatment in health settings; There is no devolution in England. Devolved issues will • Ill-treatment of children; be indicated throughout the report. • Sexual and gender-based violence; • Human trafficking and modern slavery; 5 Overseas Territories and Crown Dependencies REDRESS would like to thank the Equality and Human Rights Commission for its contribution in funding for The UK is responsible for the international relations and this project. The report does not necessarily reflect the defence of the fourteen British Overseas Territories5 and the Commission's views. three Crown Dependencies.6 British Overseas Territories and Crown Dependencies do not have the authority to About REDRESS become party to international treaties in their own right. The UK can extend the territorial scope of its ratification of REDRESS is an international human rights organisation treaties to include them, upon their request.7 that represents victims of torture to obtain justice and reparations. We bring legal cases on behalf of individual This report does not cover the situation in the British survivors, and advocate for better laws to provide Overseas Territories and the Crown Dependencies. effective reparations. Our cases respond to torture as an individual crime in domestic and international law, as a Recommendations civil wrong with individual responsibility, and as a human rights violation with state responsibility. The recommendations in this report are addressed to the ‘UK’. This means the UK Government and the Welsh Through our victim-centred approach to strategic Government, where relevant and within their powers. litigation we can have an impact beyond the individual case to address the root causes of torture and to Unless otherwise stated, all recommendations are for challenge impunity. We apply our expertise in the law of the consideration of the Committee against Torture as torture, reparations, and the rights of victims, to conduct part of the UK’s state examination process. research and advocacy to identify the necessary changes in law, policy, and practice. We work collaboratively with Acknowledgments international and national organisations and grassroots victims' groups. This report has been produced by REDRESS with the support of a large number of organisations and individuals. We are very grateful to all those who submitted evidence for this report and participated in the consultation process. For a full list of organisations who contributed information please see our website (www.redress.org). We would like to gratefully acknowledge the members of the steering group responsible for producing this report. The steering group has representatives from: • Children in Wales • Children’s Rights Alliance for England • Disability Rights UK • Freedom from Torture • Liberty 6 The UK implementation of the UN Convention against Torture Acronyms Committee or UNCAT Committee The Committee against Torture CPT European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment CSO Civil Society Organisation ECHR European Convention on Human Rights ECtHR European Court of Human Rights EU European Union FCO Foreign