CAT/C/GBR/CO/5 treatment or punishment in Iraq from 2003 to 2009. In accordance with the Committee’s general comment No. 3 (2012) on the implementation of article 14 by States parties, the State party should also ensure that all victims of torture, cruel, inhuman or degrading treatment obtain redress and are provided with effective remedy and reparation, including restitution, fair and adequate financial compensation, satisfaction and appropriate medical care and rehabilitation. Appropriate penalties for torture 17. The Committee is deeply concerned that despite the gravity of the injuries inflicted by British soldiers on Baha Mousa, the investigation of and prosecution for his death has led to the acquittal or clearance of charges for six of the accused officers, and only one year imprisonment for the corporal who pleaded guilty to inhumane treatment (arts. 4, 13 and 14). Recalling that penalties commensurate with the gravity of the crime of torture are indispensable in order to have a successful deterrent effect, the Committee urges the State party to ensure that torture or complicity in torture committed by State party’s officials, members of the security services or military personnel abroad are subjected to appropriate penalties commensurate with the seriousness of the crime, in line with article 4 of the Convention. Reliance on diplomatic assurances 18. The Committee notes with concern the State party’s reliance on diplomatic assurances to justify the deportation of foreign nationals suspected of terrorism-related offences to countries in which the widespread practice of torture is alleged (arts. 3 and 13). The Committee calls on the State party to ensure that no individual – including persons suspected of terrorism, who are expelled, returned, extradited or deported – is exposed to the danger of torture or other cruel, inhuman or degrading treatment or punishment. It urges the State party to refrain from seeking and relying on diplomatic assurances “where there are substantial grounds for believing that [the person] would be in danger of being subjected to torture” (art. 3). The more widespread the practice of torture or other cruel, inhuman or degrading treatment, the less likely the possibility of the real risk of such treatment being avoided by diplomatic assurances, however stringent any agreed follow-up procedure may be. Therefore, the Committee considers that diplomatic assurances are unreliable and ineffective and should not be used as an instrument to modify the determination of the Convention. Transfer of detainees to Afghanistan 19. The Committee takes note of the decision of the Secretary of State for Defense to maintain the moratorium on the transfer of detainees to Afghan authorities due to the risk of torture and ill-treatment, and welcomes the assurance provided by the State party that it will not transfer detainees to countries where it deems that there is a real risk of serious mistreatment or torture (art. 3). The Committee recommends that the State party adopt a clear policy and ensure in practice that the transfer of detainees to another country is clearly prohibited when there are substantial grounds for believing that he or she would be in danger of being subjected to torture. It further recommends that the State party recognize that diplomatic assurances and monitoring arrangements cannot be relied upon to justify transfers when such substantial risk of torture exists. 7