CAT/C/GBR/CO/6
intelligence agencies. The Committee also notes the Government’s statement of apology
dated 10 May 2018 addressed to Abdul Hakim Belhaj and Fatima Boudchar (arts. 2, 12–14
and 16).
35.
The Committee reiterates its previous recommendation (CAT/C/GBR/CO/5,
para. 15) that the State party establish without further delay an inquiry on alleged
acts of torture and other ill-treatment of detainees held overseas committed by, at the
instigation of or with the consent or acquiescence of British officials. Such an inquiry
should be fully compliant with the State party’s obligations under the Convention.
The State party should also ensure that all perpetrators of torture and ill-treatment in
the context of the inquiry are duly prosecuted and punished appropriately, and that
victims obtain redress.
Consolidated guidance to intelligence officers and service personnel
36.
While noting that the Investigatory Powers Commissioner is presently reviewing the
State party’s “Consolidated guidance to intelligence officers and service personnel on the
detention and interviewing of detainees overseas, and on the passing and receipt of
intelligence relating to detainees”, the Committee remains seriously concerned that the
consolidated guidance authorizes the State party’s personnel to request information or
provide information about individuals in the actual or potential future custody of foreign
State agents after obtaining assurances from the foreign State agents that those in their
custody will not be subjected to torture or ill-treatment, even in cases where a serious risk
exists that they will be subjected to such treatment. The Committee is also concerned that it
is unclear whether ministers and other government officials are required to adhere to the
consolidated guidance (arts. 2–3).
37.
In that regard, the Committee reiterates the recommendation contained in its
previous concluding observations (CAT/C/GBR/CO/5, para. 11) that the State party
should review the consolidated guidance in light of its obligations under the
Convention, and should furthermore consider:
(a)
Eliminating the possibility of making recourse to assurances when there
is a serious risk of torture or ill-treatment, and requiring intelligence agencies and
armed forces to cease interviewing or seeking intelligence from detainees in the
custody of foreign intelligence services in all cases where there is a risk of torture or
ill-treatment;
(b)
Monitoring the application of the consolidated guidance in practice. The
State party should also ensure that military and intelligence personnel are trained on
the provisions of the Convention, including on the absolute prohibition of torture and
ill-treatment.
Prolonged arbitrary detention during statelessness determination procedures
38.
While acknowledging that the State party has created procedures to identify and
address statelessness, the Committee remains concerned about reports that individuals
claiming statelessness status continue to be subjected to lengthy periods of arbitrary
administrative detention in the State party. It is also concerned about reports that this
situation has arisen because the State party’s statelessness determination procedure is
cumbersome; because it is exceptionally difficult for individuals seeking to access the
procedure to obtain legal aid; and because Home Office caseworkers are inadequately
trained on the statelessness procedures, resulting in a significant number of inappropriately
rejected applications and a very low overall success rate for applicants (arts. 11 and 16).
39.
The State party should:
(a)
Improve the training provided to officials responsible for making
statelessness determinations and carry out regular reviews of their performance;
(b)
Strengthen identification and referral mechanisms for stateless persons;
(c)
Facilitate access to legal aid for individuals making statelessness claims
and ensure that applicants are able to appeal negative decisions.
8