•
delayed beyond 48 hours upon the authorization of an officer of at least
superintendent rank and the reasons for the delay had to be submitted to the
detainee in writing.
112. With regard to the concern expressed over the law on the right to silence
as provided for in the Criminal Evidence (Northern Ireland) Order, the
representative stated that this Order was merely a limited measure which
removed an advantage enjoyed by a person who refused to answer any questions
and sought to bring a police investigation to a halt. A research programme
was being carried- out to determine the effects of the Order in relation to
terrorist crimes and the Government would consider the results of that
research. Referring to the concern expressed about trial without jury in the
Diplock courts, the representative indicated that his Government accepted that
that solution was not ideal but considered that in such trials appropriate
safeguards were provided to defendants, such as the automatic right to appeal
to a three-judge court. He also stated that a significant majority of
defendants in Diplock courts pleaded guilty.
113. With reference to the allegations of ill-treatment reported by Amnesty
International in November 1991, the representative informed the Committee that
the allegations would be investigated and disciplinary measures would be
taken, as appropriate, against the guilty parties. On the matter of the
conduct of investigations into complaints of ill-treatment and the safeguard
of the right to redress, the representative provided a description of the
powers of the Independent Commission for Police Complaints in Northern
Ireland. He indicated that the Commission's primary task was to ensure that
complaints about police behaviour were thoroughly investigated and that
appropriate disciplinary action was taken. Compensation might be awarded to a
victim even where no disciplinary proceedings had taken place or in the
absence of a finding of guilt, because the standards of proof which applied in
disciplinary and civil proceedings were different. Mr. Brian Gillen had
accepted the sum of 7,500 pounds sterling as compensation. With regard to the
use of video recordings of interrogations, the representative stated that his
Government did not have a closed mind on that point but was not yet convinced
that in the particular circumstances of Northern Ireland the introduction of
such recordings would not jeopardize the interview procedure.
114. With reference to articles 1 and 4 of the Convention, the representative
provided the Committee with the text of section 134 of the Criminal Justice
Act 1988. He also explained that the content of section 134 was very close in
substance and form to article 1, paragraph 1, of the Convention and that to
secure a conviction in proceedings in the United Kingdom it was enough for a
person to have inflicted severe physical or mental sUffering. Th~ penalty for
a person found guilty of torture was life imprisonment. In England, Wales and
Northern Ireland the Attorney General's consent was required for proceedings
for an offence under section 134. The Criminal Justice Act applied in
Scotland where, in addition, persons guilty of torture could be prosecuted for
a number of other offences under Scottish Law. Equally, in England, Wales and
Northern Ireland, persons guilty of torture could also be prosecuted for- one
of the offences under the Offences against the Person Act 1861. The offence
of assault was a common law offence.
115. With respect to article 3 of the Convention, the representative indicated
that the Secretary of State was empowered to refuse extradition for reasons
-24Digitized by Dag Hammarskjöld Library
othe
When
to 1
the
rema
pers
116.
irnmi
acce
Seer,
117.
that
extri
Kingc
who 1
warr.
tortl
118.
exp12
of nE
care.
the t
that
be SE
adeqt
ConvE
119.
Commi
seric
in.
were
and s
Ringe
excel:
raise
repre
Engla
measu
propo
120.
heaH
disco
recog
conce
estab
avail
might
the f
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents