United Kingdom Page 1 of 19 United Kingdom Country Reports on Human Rights Practices - 2003 Released by the Bureau of Democracy, Human Rights, and Labor February 25, 2004 The United Kingdom of Great Britain and Northern Ireland is a longstanding constitutional monarchy with a democratic, parliamentary government. Some central government powers have been devolved to locally elected bodies in Wales, Scotland, and Northern Ireland. The judiciary is independent. In Northern Ireland, the 1998 Good Friday Agreement established local government institutions, including a legislative assembly and a power-sharing executive. In October 2002, the Northern Ireland Assembly and Executive were suspended, and the Government temporarily re-instituted direct rule. Elections were held on November 26, and the Government began to work with local political parties and the Government of Ireland to reestablish a devolved government. The 1998 Scotland Act created a Scottish Parliament with responsibility for justice, policing, prisons, health, education, the environment, local transportation, and economic development in Scotland. The Scottish Parliament met for the first time on July 1, 1999. Following elections on May 1, a new parliament and government were seated. The Home Office is responsible for internal affairs in England and Wales, including the protection and security of the public. The Ministers of the Scottish Executive, who answer to the Scottish Parliament, have policy responsibility for law and order in Scotland. In Northern Ireland, the Police Service of Northern Ireland (PSNI) has responsibility for maintaining law and order. Civilian authorities maintained effective control of the police forces. There were some complaints that individual members of the police committed human rights abuses. A highly developed, diversified, market-based economy with extensive social welfare services provides most of the 58.8 million residents with a high standard of living. The Government generally respected the human rights of its citizens; although there were some problems, the law and judiciary provide effective means of dealing with individual instances of abuse. There were some complaints that individual members of the police and military occasionally abused detainees and other persons. Prison conditions remained a problem, including overcrowding and instances of mistreatment by prison officials. Asylum seekers, women, and ethnic minorities faced isolated instances of violence and discrimination, which the Government continued to combat. Trafficking of persons into the country remained a problem, which the Government took steps to address. Although many paramilitary organizations in Northern Ireland continued to maintain a cease-fire in accordance with the Good Friday Agreement, killings and "punishment attacks" continued to occur in some areas under the influence of paramilitary groups. Some republican dissident groups committed acts of violence aimed at disrupting the peace process. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were no reports of political killings by the Government or its agents. http://www.state.gov/g/drl/rls/hrrpt/2003/27872pf.htm 02/26/2004 United Kingdom Page 2 of 19 In April, the Home Office introduced new guidelines for reporting deaths during or after police contact to distinguish whether police had "real or potential control" over the contact. According to the restated count in the Annual Report of the Police Complaints Authority (PCA), 30 persons died in police care or custody during the 12 months ending in March. At year's end, the PCA estimated that 22 persons died in police care or custody between April and December. The PCA reported that 11 of the deaths since 2002 were due to alcohol or drugs, 9 were from natural causes, 4 were suicides, and 6 from other causes. The Home Office and the Police Complaints Authority have initiated policies to eliminate such deaths, including: Safer custody facilities; improved training; closed circuit television (CCTV) monitoring; new technologies; and emphasis on better care, assessment, and monitoring of detainees. In July, the House of Commons Joint Committee on Human Rights began collecting evidence for an inquiry into deaths of individuals while in police custody. After a coroner's inquest in September into the 1999 death of Roger Sylvester, a disciplinary hearing issued a finding of neglect of duty in the cases of a superintendent and two detective sergeants who had been responsible for investigating the death. In April, a High Court ruling overturned the 2002 open verdict in the inquest into the 1999 police shooting of Harry Stanley. A new inquiry was scheduled for June 2004. An independent inquiry into allegations of state involvement, collusion, or culpability in six selected Northern Ireland and Republic of Ireland killings was completed in October. At year's end, the Government was reviewing the results of the inquiry to decide whether further, separate judicial inquiries were required into the four killings committed in Northern Ireland. The Bloody Sunday Inquiry, which was examining the events of January 30, 1972, continued at year's end (see Section 1.e.). The nongovernmental organization (NGO) British Irish Rights Watch (BIRW) reported that paramilitary groups were believed to be responsible for at least eight killings in Northern Ireland from January 1 through August 17. In August, the Government announced that it would provide approximately $1.4 million (800,000 pounds sterling) to families of victims of the 1998 Omagh bombing in order to help them pursue a civil action against five individuals suspected of being behind the bombing carried out by the Real Irish Republican Army (IRA). b. Disappearance There were no reports of politically motivated disappearances. The Commission for the Location of Victims' Remains, established jointly by the UK and Irish governments in 1999 to locate the remains of nine victims of IRA paramilitary violence from the 1970s, did not locate any bodies during the year. In September, the remains of Jean McConville, who was killed and secretly buried by the Provisional IRA in 1972, were found in the Republic of Ireland. The Provisional IRA relayed new information to authorities regarding the alleged location of the remains of Columba McVeigh, a teenager missing since 1975. The unsuccessful search for McVeigh's remains was abandoned after 2 weeks. On May 11, Armagh resident Gareth O'Connor disappeared on his way to a meeting with his bail officer in the Republic of Ireland. His family repeatedly claimed that members of the Provisional IRA abducted and killed O'Connor. PSNI Chief Constable Hugh Orde stated that it was "highly likely" that members of Provisional IRA were involved in O'Connor's disappearance; O'Connor's body has not been found. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits such practices; however, there were complaints that individual members of the police and army occasionally abused detainees. Human rights organizations maintained that such abuse, while not widespread, was a matter of concern (see Section 1.a.). Detainees who claimed physical mistreatment have the right to an immediate medical examination. A trial judge must examine such a claim. Confessions obtained by abusive treatment are not admissible in court, and judges can exclude even voluntary confessions. There were 7,222 complaints filed against the police with the PCA from April 2002 through March. Of these, 3,547 http://www.state.gov/g/drl/rls/hrrpt/2003/27872pf.htm 02/26/2004 United Kingdom Page 3 of 19 were considered and finalized. In 26 percent of these cases, the PCA review resulted in some form of disciplinary or legal action. The Independent Assessor of Military Complaints coordinates investigations into complaints of abuses committed by the Army in Northern Ireland. The Assessor's tenth annual report, released in July, noted that there were 534 complaints in 2002, a 21 percent reduction from the 676 complaints recorded in 2001. Twenty-five of the complaints recorded in 2002 were resolved through a formal reporting process, while the remaining complaints were resolved informally. Human rights groups continued to call for an end to the use of plastic bullets, also known as baton rounds, which the police and military in Northern Ireland are permitted to use to control civil disturbances. The police have introduced safeguards on the use of plastic bullets, and the Police Ombudsman is required to review every instance when the police fire a plastic bullet. The Ombudsman's mandate does not extend to the army's use of plastic bullets. During the year, neither the police nor the army fired a plastic bullet. In each incident, investigators concluded that the discharge was justified and proportionate. The Police Ombudsman for Northern Ireland, who has an independent staff, has extensive powers to investigate complaints in Northern Ireland filed against the police or referred by the PSNI Chief Constable, the Policing Board, or the Secretary of State for Northern Ireland. The Ombudsman is required to investigate cases involving death or serious injury where there may have been police involvement and may investigate all other cases of complaints against the police. The Ombudsman may recommend to the Director of Public Prosecutions (DPP) that charges be brought against officers, although the final decision rests with