CAT/C/CR/33/3
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(d)
the State party should appropriately reflect in formal fashion, such as legislative
incorporation or by undertaking to Parliament, the Government’s intention as expressed by
the delegation not to rely on or present in any proceeding evidence where there is knowledge
or belief that it has been obtained by torture; the State party should also provide for a means
whereby an individual can challenge the legality of any evidence in any proceeding plausibly
suspected of having been obtained by torture;
(e)
the State party should apply articles 2 and/or 3, as appropriate, to transfers of a
detainee within a State party’s custody to the custody whether de facto or de jure of any other
State;
(f)
the State party should make public the result of all investigations into alleged conduct
by its forces in Iraq and Afghanistan, particularly those that reveal possible actions in breach
of the Convention, and provide for independent review of the conclusions where appropriate;
(g)
the State party should re-examine its review processes, with a view to strengthening
independent periodic assessment of the ongoing justification for emergency provisions of
both the Anti-terrorism, Crime and Security Act 2001 and the Terrorism Act 2000, in view of
the length of time the relevant emergency provisions have been operating, the factual realities
on the ground and the relevant criteria necessary to declare a state of emergency;
(h)
the State party should review, as a matter of urgency, the alternatives available to
indefinite detention under the Anti-terrorism, Crime and Security Act 2001;
(i)
the State party should provide the Committee with details on how many cases of
extradition or removal subject to receipt of diplomatic assurances or guarantees have occurred
since 11 September 2001, what the State party’s minimum contents are for such assurances or
guarantees and what measures of subsequent monitoring it has undertaken in such cases;
(j)
the State party should ensure that the conduct of its officials, including those attending
interrogations at any overseas facility, is strictly in conformity with the requirements of the
Convention and that any breaches of the Convention that it becomes aware of should be
investigated promptly and impartially, and if necessary the State party should file criminal
proceedings in an appropriate jurisdiction;