FIDH, CCR, Liberty and SHRC strongly urge the United Kingdom and the United States of America to implement the Convention Against Torture in all matters and in all territories under their jurisdiction

03/12/2004

Press release

CAT

At the closure of the 33rd session of the Committee against Torture, International Federation for Human Rights (FIDH), Center for Constitutional Rights (CCR), Liberty and Scottish Human Rights Centre (SHRC) welcome the concluding observations and recommendations addressed by the Committee to the United Kingdom, particularly those related to counterterrorism legislation and the military intervention in Iraq and Afghanistan. The United States of America being a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment these recommendations are also relevant regarding the conduct of military operations by the latter and the definition of its counterterrorism policy.

Following the examination of the United Kingdom’s report on the implementation of the Convention, the Committee against Torture highlighted two main areas of concern.

First, the Committee reminded the United Kingdom that the "Convention protections extend to all territories under the jurisdiction of a State Party" including "all areas under the de facto effective control of the State party’s authorities" like Iraq and Afghanistan. Such protection covers in particular the prohibition of the use of evidence gained by torture wherever and by whomever it has been obtained; the conduct of proper, impartial and transparent investigations into allegations of misconduct by forces operating overseas and the filing of criminal proceedings; etc. Indeed, FIDH, CCR and SHRC believe that any failure by the United Kingdom and the United States of America to comply with the above requirements might be considered like an invitation to torture.

Secondly, the Committee reminded the United Kingdom that counter terrorism legislation must strictly conform to the requirements of the Convention Against Torture, in particular with respect to the length of detention of individuals suspected of involvement in international terrorism and the times frames and review mechanisms for emergency provisions.

Finally, FIDH, CCR, Liberty and SHRC note with interest that the UN Committee Against Torture has requested the United Kingdom to provide information in response to the Committee’s recommendations within one year.

FIDH, CCR, Liberty and SHRC urge the United Kingdom and the United States of America to implement the following recommendations without further delay:

– ensure in an appropriate and effective manner that no evidence should be relied on in any proceeding where there is knowledge or belief that it has been obtained by torture;

– make public the results of all investigations into alleged misconduct by their forces in Iraq and Afghanistan;

– strictly conform its counterterrorism legislation to the provisions of the Convention Against Torture and other international human rights instruments.