United Nations CAT/C/GBR/5 Convention against Torture Distr.: General 21 May 2012 and Other Cruel, Inhuman or Degrading Treatment Original: English or Punishment Committee against Torture Consideration of reports submitted by States parties under article 19 of the Convention Fifth periodic report of States parties due in 2008 United Kingdom of Great Britain and Northern , , Ireland* ** *** [6 September 2011] * The fourth periodic report submitted by the Government of the United Kingdom of Great Britain and Northern Ireland is contained in document CAT/C/67/Add.2 at its 624th and 627th meetings, held on 17 and 18 November 2004 (CAT/C/SR. 624 and 627); for its consideration, see documents CAT/C/CR/33/3. ** In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. *** Further annexes to the present document may be consulted in the files of the Secretariat. GE.12-42983 CAT/C/GRB/5 Abbreviations and acronyms ACAS Advisory, Conciliation and Arbitration Service ACCT Assessment, Care in Custody and Treatment ACDT Assessment Care in Detention and Teamwork ACPC Area Child Protection Committee ACPO Association of Chief Police Officers ACPOS Association of Chief Police Officers in Scotland AEP Attenuating Energy Projectile AJTC Administrative Justice and Tribunals Council ATCS Anti-Terrorism, Crime and Security ATCSA Anti-Terrorism, Crime and Security Act 2001 CCNVQ Custodial Care National Vocational Qualification CJA Criminal Justice Act 1988 CPS Crown Prosecution Service CSRA Cell Sharing Risk Assessment DDA Disability Discrimination Act 1995 DIUS Department for Innovation, Universities and Skills DoH Department of Health DoMILL Defence Scientific Advisory Council‟s subcommittee on the Medical Implications of Less-lethal Weapons DPA Data Protection Act 1998 DSAC Defence Scientific Advisory Council DTO Detention and Training Order ECHR European Convention on Human Rights ECtHR European Court of Human Rights ECNI Equality Commission Northern Ireland ECPT European Committee for the Prevention of Torture EHRC Equality and Human Rights Commission ELR Exceptional Leave to Remain FOIA Freedom of Information Act 2000 FNP Foreign National Prisoners GB Great Britain GEO Government Equality Office GOCNI General Officer Commanding Northern Ireland GPCC Guernsey Police Complaints Commission HET Historical Enquiries Team 2 CAT/C/GBR/5 HMCIP Her Majesty‟s Chief Inspector of Prisons HMIC Her Majesty‟s Inspectorate of Constabulary HMICS Her Majesty‟s Inspectorate of Constabulary for Scotland HMP Her Majesty‟s Prison HMPS Her Majesty‟s Prison Service HMRC Her Majesty‟s Revenue and Customs HMYOI Her Majesty‟s Young Offenders Institute HOSDB Home Office Scientific Development Branch HRA Human Rights Act 1998 HSCE Health Service Commissioner for England ICRC International Committee of the Red Cross ICCPR International Covenant on Civil and Political Rights IMB Independent Monitoring Board IND Immigration and Nationality Directorate IO Investigating Officer IPCC Independent Police Complaints Commission IRC Immigration Removal Centre ISSP Intensive Surveillance and Supervision Programme LASU Local Authority Secure Unit LOAC Law of Armed Conflict LSC Legal Services Commission MCTC Military Corrective Training Centre MHAC Mental Health Act Commission NCB National Children‟s Bureau NGO Non-Government Organisation NHS National Health Service NIHRC Northern Ireland Human Rights Commission NIPS Northern Ireland Prison Service NOMS National Offender Management Service NPM National Preventative Mechanism OJC Office for Judicial Complaints OLASS Offender Learning and Skills Service OLSU Offenders‟ Learning and Skills Unit PABEW Police Advisory Board for England and Wales PACE Police and Criminal Evidence Act 1984/ Northern Ireland Order 1989 PAVA Pelargonic Acid Vanillylamide 3 CAT/C/GRB/5 PBR Plastic Baton Round PCA Police Complaints Authority PCfA Parliamentary Commissioner for Administration PCCS Police Complaints Commissioner for Scotland PCT Primary Care Trust PECCS Prisoner Escorting and Court Custody Service PHSO Parliamentary and Health Service Ombudsman POELT Prison Officer Entry Level Training PPCEG Police Powers and Criminal Evidence (Guernsey) Act 2003 PPCEJ Police Procedures and Criminal Evidence (Jersey) Law 2003 PSA Public Service Agreement PSDB Police Scientific Development Branch PSNI Police Service Northern Ireland PSO Prison Service Order QCA Qualifications and Curriculum Authority RCIPS Royal Cayman Island Police Service RUC Royal Ulster Constabulary SCHR Scottish Commission for Human Rights SETF Social Exclusion Task Force SI Statutory Instrument SIA Security Industry Authority SIDCAAR Self-Inflicted Death in Custody: Analysis, Audit and Review SIO Senior Investigating Officer SOCA Serious Organised Crime Agency SOJP States of Jersey Police SPC Suicide Prevention Co-ordinator SPS Scottish Prison Service STC Secure Training Centre UKBA United Kingdom Border Agency YCAP Youth Crime Action Plan YJB Youth Justice Board YOI Youth Offender Institution 4 CAT/C/GBR/5 Contents Paragraphs Page Introduction…………………………………………………………………………….. 1-25 6 Section I. Observations of the Committee following its examination of the fourth periodic report of the United Kingdom ………………………………………….. 26-154 9 Section II. Metropolitan territory: Information relating to articles 1 to 16 of the Convention…………………………………………….. ......................................................... 155-586 33 Article 2: Effective measures to prevent acts of torture …………………………………… . 156-193 34 Article 3 : Return of individuals to States where they might face torture ………… ............... 194-196 40 Article 4 : Criminalisation of torture ………………………………………….. .................... 197-208 41 Article 5 : Establishment of jurisdiction ……………………………….. ................................ 209-212 43 Article 6 : Detention of individuals suspected of torture …………………………………… . 213 44 Article 7 : Prosecution of individuals suspected of torture and not extradited……………… . 214-232 44 Article 8 : Extradition of individuals suspected of torture ………………………………… .. 233 46 Article 9 : Mutual legal assistance …………………………………………….. ..................... 234 46 Article 10 : Education and training of police, military, doctors and other personnel to prevent torture and other forms of ill-treatment …………………………………………….. 235-282 47 Article 11 : Systematic review of rules, instructions, methods and practices to prevent torture and other forms of ill-treatment …………………………………………….. ............. 283-413 53 Article 12 : Investigation of acts of torture and other forms of ill treatment ………………… 414-448 71 Article 13 : Availability of complaints procedures for those suffering torture or other forms of ill-treatment …………………………………………….. ........................... 449-495 77 Article 14 : Compensation for and rehabilitation of victims of torture………………………… 496-503 84 Article 15 : Admissibility of confession evidence …………………………………………….. 504-507 85 Article 16 : Other acts of cruel, inhuman or degrading treatment or punishment not amounting to torture …………………………………………….. ......................................... 508-586 86 Section III. General Information .............................................................................................. 587-839 99 Annexes I. United Kingdom Crown dependencies ................................................................................. 142 II. United Kingdom overseas Territories .................................................................................. 159 5 CAT/C/GRB/5 Introduction 1. This is the fifth report by the United Kingdom under Article 19 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It provides information on how the UK has continued to fulfil its obligations under the Convention since the examination of the UK‟s fourth report (CAT/C/67/Add.2) 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