other than those set out in sections 6 and 12 of
When the Secretary of State's decisions affected
to life, they could be contested in the courts.
the term "exceptional leave", the representative
remain in United Kingdom territory was available
persons in humanitarian cases.
the Extradition Act 1989.
a person's fundamental right
With regard to the meaning of
explained that such. leave to
to ensure protection for all
116. The situation of asylum seekers in detention was closely reviewed by
immigration authorities. An independent Board of Visitors had unrestricted
access to all detainees and could transmit any serious complaint to the Home
Secretary.
117. Concerning articles 5 to 7 of the Convention, the representative stated
that the courts of Great Britain and Northern Ireland had wide
extraterritorial jurisdiction to deal with any person present in the United
Kingdom, regardless of the nationality of the offender or victim. A person
who was not extradited would be prosecuted if there was sufficient evidence to
warrant proceedings being taken. So far no proceedings had been taken for
torture under section 134.
118. With respect to article 10 of the Convention, the representative
explained that training for law enforcement personnel stressed the importance
of never abusing their authority and never ill-treating the persons in their
care. As to prison medical officers, Prison Standing Order No. 13 repeated
the United Nations Standard Minimum Rules; the representative added, however,
that in the light of the comments of several members of the Committee it would
be sensible to see whether the current provisions in the United Kingdom
adequate~y reflected the country's obligations under article 10 of the
Convention.
119. Concerning article 11 of the Convention, the representative informed the
Committee that prison staff were never armed and that in the event of a
serious disturbance, which required outside assistance, the police were called
in. The United Nations Standard Minimum Rules for the Treatment of Prisoners
were reflected in the Prison Rules 1964, which applied to England and Wales,
and similar rules which applied in Scotland and Northern Ireland. The United
Kingdom applied all but a small number of the United Nations Rules and any
exceptions related to budgetary or technical problems. Regarding the concern
raised over the number of prisoners who had committed suicide, the
representative gave statistics on the number of self-inflicted deaths in
England and Wales and informed the Committee of the various initiatives or
measures taken by the Government on that specific matter was well as about
proposals to reform the prison system in England and Wales.
120. Prison medical officers were responsible for the mental and physical
health of the prisoners. Guidance given to prison medical officers strongly
discouraged the use of strip cells for suicidal prisoners, but it was
recognized that it might be necessary for short periods. With regard to
concerns raised as to the right to silence, the Government had recently
established a Royal Commission on Criminal Justice to consider the opportunity
available for an accused person to state his position and how far the courts
might draw inferences from the silence of an accused person and would await
the findings of the Royal Commission before considering the matter further.
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