(g)
The State party’s affirmation that “evidence obtained as a result of any acts of
torture by British officials, or with which British authorities were complicit, would not be
admissible in criminal or civil proceedings in the United Kingdom”, and that the Home Secretary
does not intend to rely upon or present “evidence where there is a knowledge or belief that
torture has taken place”;
(h)
With respect to the British Virgin Islands, the establishment of the Human Rights
Reporting Coordinating Committee; with respect to Guernsey, the enactment of the Human
Rights (Bailiwick of Guernsey) Law 2000; with respect to Isle of Man, the enactment of the
Human Rights Act 2001; and with respect to Bermuda, the complaint mechanism introduced by
the Police Complaints Act 1998; and
(i)
The State party’s reaffirmation of its unreserved condemnation of the use of
torture; the early ratification by the State party of the Optional Protocol to the Convention; and
its active pursuit through diplomatic activity, practical projects and research funding in support
of universal ratification of the Convention and its Optional Protocol.
C. Subjects of concern
39.
The Committee expresses its concern at:
(a)
Remaining inconsistencies between the requirements of the Convention and the
provisions of the State party’s domestic law which, even after the passage of the Human Rights
Act, have left continuing gaps; notably:
(i)
Article 15 of the Convention prohibits the use of evidence gained by
torture wherever and by whomever obtained; notwithstanding the State
party’s assurance set out in paragraph 38, subparagraph (g), supra, the
State party’s law has been interpreted to exclude the use of evidence
extracted by torture only where the State party’s officials were complicit;
and
(ii)
Article 2 of the Convention provides that no exceptional circumstances
whatsoever may be invoked as a justification for torture; the text of
section 134 (4) of the Criminal Justice Act however provides for a defence
of “lawful authority, justification or excuse” to a charge of official
intentional infliction of severe pain or suffering, a defence which is not
restricted by the Human Rights Act for conduct outside the State party,
where the Human Rights Act does not apply; moreover, the text of
section 134 (5) of the Criminal Justice Act provides for a defence for
conduct that is permitted under foreign law, even if unlawful under the
State party’s law;
(b)
The State party’s limited acceptance of the applicability of the Convention to the
actions of its forces abroad, in particular its explanation that “those parts of the Convention
which are applicable only in respect of territory under the jurisdiction of a State party cannot be
applicable in relation to actions of the United Kingdom in Afghanistan and Iraq”; the Committee
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