CAT/C/GBR/CO/5
The Committee recommends that the State party end the practice of seconding
individuals working in places of deprivation of liberty to National Preventive
Mechanism bodies. It recommends that the State party continue to provide the bodies
constituting the National Preventive Mechanism with sufficient human, material and
financial resources to discharge their prevention mandate independently and
effectively.
Inquiries into allegations of torture overseas
15.
The Committee is deeply concerned at the growing number of serious allegations of
torture and ill-treatment, including by means of complicity, as a result of the State party’s
military interventions in Iraq and Afghanistan. It welcomes the State party’s assurances that
it intends to “hold an independent, judge-led inquiry” and to publish as much as possible of
the interim report of the Detainee Inquiry conducted by Sir Peter Gibson to examine the
involvement of State security and intelligence agencies in “improper treatment of detainees
held by other countries in counter-terrorism operations overseas”. The Committee is
concerned that the State party has not yet set a clear timeline for the establishment of the
new inquiry which may result in the amendment of Section 134 (4) and (5) of the Criminal
Act 1988, nor for the publication of the interim report of the Detainee Inquiry (arts. 2, 12,
13, 14 and 16).
The Committee recommends 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. The State party should ensure that the new inquiry is designed to
satisfactorily address the shortcomings of the Detainee Inquiry, identified by a broad
range of actors. In this regard, the Committee encourages the State party to give due
consideration to the report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment (A/HRC/19/61). The State party
should ensure that all perpetrators of torture and ill-treatment identified in the
context of the inquiry are duly prosecuted and punished appropriately, and that
effective reparation, including adequate compensation, is granted to every victim.
Furthermore, the Committee urges the State party to speedily publish the content of
the interim report of the Detainee Inquiry to the fullest extent possible.
Accountability for abuses in Iraq
16.
The Committee notes the establishment of some inquiries into allegations involving
the State party’s army in Iraq, such as the Baha Mousa Public Inquiry and the ongoing AlSweady Public Inquiry. It notes the establishment of the Iraq Historic Allegations Team set
up to investigate allegations of abuse of Iraqi citizens by British service personnel, but
remains concerned that its composition and structural independence is further challenged,
as close institutional links with the Ministry of Defence remain. In view of the number and
persistence of legal claims submitted by Iraqis who allege that they were subject to abuse
by British officers in Iraq between 2003 and 2009, the Committee regrets that the State
party continues to resist a full public inquiry that would assess the extent of torture and illtreatment and establish possible command responsibility for senior political and military
figures. Furthermore, it is deeply concerned that, to date, there have been no criminal
prosecutions for torture or complicity in torture involving State’s officials, members of the
security services or military personnel, although there have been a number of court martials
of soldiers for abuses committed against civilians in Iraq (arts. 2, 13, 14 and 16).
The Committee urges the State party to take all necessary measures to establish
responsibilities and ensure accountability, including setting up a single, independent
public inquiry to investigate allegations of torture and cruel, inhuman or degrading
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