Detailed Recommendations To the Government of the United Kingdom • • • • • • • • • • Publicly repudiate reliance on intelligence material obtained from third countries through the use of torture or cruel, inhuman or degrading treatment. Reaffirm the absolute prohibition on torture, including the use of torture evidence at any stage of the judicial process. Clarify procedure rules on admissibility of torture evidence in criminal and civil proceedings to make clear that where an allegation that a statement was made under torture is raised, the burden of proof is on the state to show that it was not made under torture. Publicly accept that the UN Convention against Torture applies fully to the UK, including all UK officials, with both criminal and civil law consequences, anywhere in the world. Submit its overdue fifth periodic report to the UN Committee against Torture. Ensure that the inquiry into allegations of complicity by British security services in torture and ill-treatment of detainees abroad is transparent and comprehensive, and includes assessment of: o the degree to which UK government policy, and decisions by UK ministers and officials, contributed to such abuse; o whether the guidance provided to the members of the security services in the interrogation of suspects overseas and on cooperation with foreign intelligence agencies was adequate to prevent complicity; and o the adequacy of mechanisms of oversight of the security services, including that provided by the Intelligence and Security Committee. Ensure that all allegations of individual complicity in the torture or ill-treatment of individuals in third countries are subject to criminal investigation and, where the evidence warrants, prosecution. Publish without delay current and historic guidance to the intelligence services on interrogation of suspects overseas. Establish a permanent select committee of parliament on intelligence and security, with a strong mandate to examine both policy and operations of UK intelligence services. Ensure that intelligence cooperation arrangements with foreign countries include clear human rights stipulations, including a firm repudiation of the use of torture or cruel, in human or degrading treatment in the gathering of intelligence. These “No Questions Asked” 56