Czec:
121. Concerning articles 12 and 13 of the Convention, the representative
informed the Committee that complaints against the police were the subject of
an annual review and statistical returns. In England and Wales, the number of
complaints had risen but the number of substantiated cases had dropped.
14 Ne
122. In connection with article 15 of the Convention, the representative
127.
referred to the definition of oppression as provided for in section 76 of the
Police and Criminal Evidence Act 1984. Where it was alleged that a confession
had been obtained by oppression, the court was required not to allow it to be
used unless it had been established by the prosecution that it had not been
obtained by such means. Section 11 of the Northern Ireland (Emergency
Provisions) Act 1991 did not use the term "oppression", but explicitly
referred to torture, inhuman or degrading treatment and to violence or threat
of violence. The use of written statements in proceedings was governed by
section 78 of the Police and Criminal Evidence Act, by article 76 of the
Northern Ireland Police and Criminal Evidence Order and by the general law on
the exclusion of evidence. A written statement by a witness to the police was
admissible only with the consent of the accused. If the statement was
contested by the defendant, the witness had to come to court and give oral
testimony and if he confirmed his earlier statement in oral testimony, he
could be challenged by the defence.
123. With regard to article 16 of the Convention, the representative indicated
that corporal punishment had been abolished in publicly funded schools and
that the matter of corporal punishment in independent schools was currently
being considered by the European Commission of Human Rights in Strasbourg.
124. Finally, the representative indicated that the report drawn up by the
European Committee for the Prevention of Torture following its visit to the
United Kingdom in 1990 would be made public, together with his Government's
reply, SUbject to the agreement of that Committee.
Concluding observations
125. The Committee stated that, except for the situation existing in Northern
Ireland, it could reasonably be said that the Government of the United Kingdom
met in virtually every respect the obligations contained in the Convention.
On the other hand, the implementation of the Convention in Northern Ireland
was far from satisfactory. In that connection, the Committee noted that
although Parliament every year reviewed the need to maintain the emergency
regime in Northern Ireland, that regime had been in effect for nearly
20 years. The Committee recalled the obligations of States parties under
article 2 of the Convention and, in particular, expressed concern over the
absence in Northern Ireland of video recordings of interrogations by the
police, the lack of a suspect's entitlement to the presence of a solicitor
during interrogation, and the refusal of the right to silence. The Committee
welcomed the proposal to establish an independent commissioner to inspect
interrogation centres but pointed out that, in accordance with article 11 of
the Convention, such monitoring must apply to interrogation rules as well as
to methods and practices.
-26Digitized by Dag Hammarskjöld Library
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