(b)
The State party should review, in the light of its experience since its
ratification of the Convention and the Committee’s jurisprudence, its statute and common
law to ensure full consistency with the obligations imposed by the Convention; for greater
clarity and ease of access, the State party should group and publish the relevant legal
provisions;
(c)
The State party should reassess its extradition mechanism insofar as it
provides for the Home Secretary to make determinations on issues such as medical fitness
for trial which would more appropriately be dealt with by the courts;
(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 of the Convention, 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;
19
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