CAT/C/GBR/CO/5
degrading treatment or punishment 3 and the majority of special advocates (memorandums
to the Joint Committee on Human Rights on the Justice and Security Bill, June 2012 and
February 2013). The Committee notes in particular that (arts. 2, 15 and 16):
(a)
Special advocates have very limited ability to conduct cross-examination and
cannot discuss the full content of confidential material with their client, thus undermining
the right to a fair trial;
(b)
A good amount of closed evidence is heavily reliant on information from
secret intelligence sources and may contain second- or third-hand hearsay or other material
and statements that may have been obtained by torture, which would not be admissible in
ordinary criminal or civil proceedings, except against a person accused of torture as
evidence that the statement was made;
(c)
Closed material procedures may adversely impact on the possibility of
establishing State responsibility and accountability.
The Committee recommends that all measures used to restrict or limit fair trial
guarantees based on national security grounds be fully compliant with the
Convention. The State party should in particular:
(a)
Address the concerns raised with regard to the Justice and Security Act
2013 by the Joint Committee on Human Rights and the special advocates;
(b)
Ensure that intelligence and other sensitive material be subject to
possible disclosure if a court determines that it contains evidence of human rights
violations such as torture or cruel, inhuman or degrading treatment;
(c)
Ensure that the Justice and Security Act 2013 will not become an
obstacle to accountability for State involvement or complicity in torture, cruel
inhuman or degrading treatment, nor will it adversely impact on the right of victims
to obtain redress, remedy and fair and adequate compensation.
Non-jury trials in Northern Ireland
13.
The Committee notes with appreciation the measures taken in Northern Ireland in
the context of the security normalization programme but regrets that the Justice and
Security (Northern Ireland) Act 2007 retains the possibility of the conduct of non-jury
trials, despite the apparent consensus among a broad range of actors that the problem of
juror intimidation in Northern Ireland still needs to be demonstrated (art. 2).
The Committee recommends that the State party take due consideration of the
principles of necessity and proportionality when deciding the renewal of emergency
powers in Northern Ireland, and particularly non-jury trial provisions. It encourages
the State party to continue moving towards security normalization in Northern
Ireland and to envisage alternative juror protection measures.
National preventive mechanism
14.
The Committee, fully cognizant of the State party’s willingness to promote
experience sharing, notes that the practice of seconding State officials working in places of
deprivation of liberty to National Preventive Mechanism bodies raises concerns as to the
guarantee of full independence to be expected from such bodies (art. 2).
3
http://www.internationallawbureau.com/index.php/un-special-rapporteur-on-torture-criticises-uksecret-courts-plan/.
5