of terrorist suspects were being followed and, more generally. that the
arrangements for the detention of suspects were satisfactory.
98. Members of the Committee thanked the Government of the United Kingdom for
its very full report, especially with regard to the treatment of children and
persons detained under mental health legislation, and also expressed
appreciation to the Government's representative for the additional information
he had provided. Noting that there was a marked-difference between the regime
applied in England, Scotland and Wales and that applied in Northern Ireland,
members of the Committee raised various concerns and questions. particularly
with regard to the implementation of articles 2 and 11 of the Convention in
Northern Ireland.
99. With reference to article 2 of the Convention, members of the Committee
recalled that derogations from certain provisions of the Convention were not
allowed even in times of emergency and wished to know, in that light. how
certain provisions relating to the detention of suspected terrorists were
applied. They noted in that regard that under the Prevention of Terrorism Act
a person might be held by police for an initial period of 48 hours, which
could be extended for a further five days. without the right to obtain
independent medical advice or to have access to legal counsel during the first
48 hours, and observed that such provisions created conditions which might
lead to abuses of authority by agents of the State.
100. With reference to paragraph 1 of article 2. in conjunction with
article 11 of the Convention. and recalling the differences which existed in
legal protection of persons charged with or suspected of offences of terrorism
in Northern Ireland compared to that enjoyed by citizens in the rest of the
United Kingdom. members made reference to information received from
non-governmental sources which indicated that 90 per cent of cases brought
before the Diplock courts. in which a judge alone conducted the trial, relied
solely or mainly on confessions as evidence. That situation could put
pressure on interrogators to obtain confessions and create an opportunity for
conduct which could contravene the provisions of the Convention. Amnesty
International had provided information on a large number of allegations of
ill-treatment of persons under interrogation, particularly at Castlereagh
Holding Centre, which investigations apparently did not substantiate. In that
context. information was requested concerning the Independent Commission for
Police Complaints, which had reviewed those completed investigations. Members
of the Committee also drew attention to the prima facie case of ill-treatment
of Mr. Brian Gillen during interrogation at Castlereagh and asked whether any
legal or disciplinary actions had been taken against the alleged perpetrators
and whether compensation had been provided to persons who had been ill-treated
by interrogating officers. particularly at Castlereagh. In addition, it was
noted that police authorities were reluctant to make video recordings of
interrogations. perhaps out of fear that they would provide evidence of
ill-treatment.
101. Members of the Committee expressed regret that the text of section 134 of
the Criminal Justice Act had not been reproduced in the report, given its
significance in assisting the Committee to understand the implementation of
articles 1 and 4 of the Convention within the United Kingdom. In that
connection. members of the Committee wished to know whether the definition of
torture as contained in that Act was couched in terms identical to that of the
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