Gm
Convention and what the penalties were for torture or ill-treatment. They
also requested clarification as to what was meant by the offence of "assault",
especially under Scottish law.
102. With reference to article 3 of the C()Dvention, members of the Committee
recalled that States parties had a formal obligation not to return any person
to a State where the person would be in danger of torture. In this
connection, they expressed concern as to whether the grounds for refusal to
extradite ~nd return a person, referred to in the report, were sufficient to
meet all the obligations the United Kingdom had assumed under this article of
the Convention. They also referred to information received from
non-governmental organizations expressing concern at the way decisions on
refugee status were taken in the United Kingdom. Two particular cases were
mentioned, involving nationals of Sri Lanka and Zaire, who had been returned
to their country of origin when there had been a real threat that they might
be sUbjected to cruel or inhuman treatment or even torture. Accordingly,
further information was requested as to how reviews relating to qualification
for refugee status were actually carried out and as to whether the Government
was making any real attempt to ensure that immigration officers were made
aware of the United Kingdom's obligations under the Convention. In addition,
members of the Committee requested clarification as to the exact jurisdiction
of the Secretary of State and the courts with regard to decisions taken under
the terms of the Extradition Act 1989. They also wished to know what was
meant by the term "possible use of exceptional leave", as it related to the
assessment of claims of likely torture on return to another country.
103. In respect of articles 5 to 7 of the Convention, members of the Committee
requested further information, especially with regard to the application of
provisions relating to the non-extradition of a person who had co~nitted an
act of torture and the trial of such a person within the country and wished to
know, in particular, what the specific provisions were in section 134 of the
Criminal Justice Act 1988 concerning the jurisdiction of the courts over the
crime of torture.
104. With regard to article 10 of the Convention, members of the Committee
expressed concern over information received from the Howard League of Penal
Reform which pointed to the absence of formal instruction for law enforcement
personnel in respect of their international obligations as to the custody,
questioning or treatment of arrested persons. They also expressed concern at
the fact that the Government did not consider it necessary to provide training
in the prohibition of torture to health care professionals.
105. With regard to article 11 of the Convention, members of the Committee
asked whether prison warders were armed and what procedure was followed in the
event of a serious incident, such as a prison riot. They also wished to know
how the United Nations Standard Minimum Rules for the Treatment of Prisoners
were implemented in the United Kingdom and what other standards were applied
to persons who were in custody or who had been convicted. In addition,
members requested clarification of the indication in the report that the
Government was considering extending the regime operating in Northern Ireland,
where there was in effect no right of silence for accused persons, to the rest
ot the United Kingdom. With regard to a reported 100 per cent increase from
1980 to 1990 in suicides among persons in detention, it was asked whether such
statistics were accurate and whether they were a source of concern to the
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