or power of arrest save in very exceptional circumstances. In such cases all
the rules concerning arrest and questioning were applicable to the military.
277. With reference to articles 8 and 9 of the Convention, the representative
stated that a person could be extradited if the offence for which he was sought
was an act of torture prohibited by law, in accordance with United Kingdom
legislation. In addition, most of the territories intended to adopt legislation
based on criminal legislation in force in the United Kingdom which established
extensive machinery for international cooperation in criminal cases.
278. With regard to article 10 of the Convention, the representative stated that
medical personnel and police officials in the dependent territories were trained
in prohibition against torture in accordance with international standards on the
subject. The texts of the rules applicable in human rights matters were
disseminated and available in all medical centres and police stations.
279. In respect of article 12 of the Convention, the representative stated that
no case of torture had been reported in the dependent territories since well
before the entry into force of the Convention.
280. Referring to article 14 of the Convention, the representative explained
that virtually all territories had legislation equivalent to the Crown
Proceedings Act of 1946, under which an action could be brought against a
Government that was supposed to be responsible for the acts of its agents. In
addition, provisions of the Penal Code or Code of Criminal Procedure made it
possible to order an individual to pay compensation to his victim. Criminal
courts could, therefore, sentence the guilty party to imprisonment and also
order him to compensate the victim. A civil court in which the victim had
brought an action to obtain redress for any wrong suffered would take into
account the fact that part of that wrong had already been compensated under the
criminal procedure.
281. In connection with article 15 of the Convention, the representative
clarified that, if it was alleged that confessions had been obtained or could
have been obtained under duress, the court was required to declare them
inadmissible unless the prosecution was able to prove that that had not been the
case. The court has no discretion to admit an involuntary confession. The
court does, however, have discretion in cases where confessions have been
obtained voluntarily but not in conformity with the law.
282. Turning to article 16 of the Convention, the representative stated that
corporal punishment existed in certain territories. It was imposed as a
disciplinary measure for detainees and was also practised in the schools. The
Government of the United Kingdom deplored the maintenance of corporal punishment
and had urged the territories to abolish it. Some had done so whereas others
had not. It was difficult for the United Kingdom to bring pressure to bear in
that matter, since it was within the competence of the territories themselves.
Conclusions and recommendations
283. The comprehensive report on the dependent territories of the United Kingdom
was received with pleasure by the Committee, particularly as no cases of torture
were noted to have occurred in the territories during the period reviewed. The
territories appeared to be governed in accordance with the obligations in the
Convention and the Committee congratulated the Government of the United Kingdom
in this respect. The Committee was, however, interested in receiving more
detail pertaining to cases of corporal punishment in the territories retaining
it. The nature and incidence of such punishment, together with details of the
crime and the characteristics of the offender, should be forwarded to the
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