observes that the Convention protections extend to all territories under the jurisdiction of a State
party and considers that this principle includes all areas under the de facto effective control of
the State party’s authorities;
(c)
The incomplete factual and legal grounds advanced to the Committee justifying
the derogations from the State party’s international human rights obligations and requiring the
emergency powers set out in Part IV of the Anti-terrorism, Crime and Security Act 2001;
similarly, with respect to Northern Ireland, the absence of precise information on the
necessity for the continued emergency provisions for that jurisdiction contained in the Terrorism
Act 2000;
(d)
The State party’s reported use of diplomatic assurances in the “refoulement”
context in circumstances where its minimum standards for such assurances, including effective
post-return monitoring arrangements and appropriate due process guarantees followed, are not
wholly clear and thus cannot be assessed for compatibility with article 3 of the Convention;
(e)
The State party’s resort to potentially indefinite detention under the
Anti-terrorism, Crime and Security Act 2001 of foreign nationals suspected of involvement
in international terrorism and the strict regime applied in Belmarsh prison;
(f)
The investigations carried out by the State party into a number of deaths by lethal
force arising between the entry into force of the Convention in 1988 and the Human Rights Act
in 2000 which have failed to fully meet its international obligations;
(g)
Reports of unsatisfactory conditions in the State party’s detention facilities
including substantial numbers of deaths in custody, inter-prisoner violence, overcrowding and
continued use of “slopping out” sanitation facilities, as well as reports of unacceptable conditions
for female detainees in the Hydebank Wood prison, including a lack of gender-sensitive
facilities, policies, guarding and medical aid, with male guards alleged to constitute 80 per cent
of guarding staff and incidents of inappropriate threats and incidents affecting female detainees;
(h)
Reports of incidents of bullying followed by self-harm and suicide in the armed
forces, and the need for full public inquiry into these incidents and adequate preventive
measures; and
(i)
Allegations and complaints against immigration staff, including complaints of
excessive use of force in the removal of denied asylum-seekers.
D. Recommendations
40.
The Committee recommends that:
(a)
The State party take appropriate measures in the light of the Committee’s
views to ensure, if necessary explicitly, that the defences that might be available to a charge
brought under section 134 (1) of the Criminal Justice Act be consistent with the
requirements of the Convention;
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