Northern Ireland to fulfill the role of “national preventive mechanism” envisioned in the
Optional Protocol.
At the same time, however, since 2001 the UK has pursued a series of counterterrorism
policies that undermine the absolute prohibition on torture and ill-treatment. In order to
deport terrorism suspects, the UK government has concluded agreements, called
Memoranda of Understanding, with countries with known records for torture containing notorture assurances. It has attempted to change European human rights jurisprudence
banning returns to the risk of torture and ill-treatment by introducing a balancing test
between the alleged threat to national security posed by an individual and the risk of illtreatment upon return.56
British intelligence services cooperate closely with countries known for widespread use of
torture, notably Pakistan, and credible allegations have surfaced over the past few years of
collusion or complicity by UK agents in abuse of detainees held abroad. The UK government
staunchly defends the use of information that may have been obtained through torture or illtreatment in the name of preventing terrorist attacks and has argued for the right to use
torture evidence in legal proceedings, although it claimed not to have done so in practice.
In its legal arguments and practices, the UK government has championed a minimalist, and
ultimately mistaken interpretation of the Convention against Torture to attempt to escape its
obligations. In its last review of the UK, the Committee Against Torture criticized the UK for
its “limited acceptance of the applicability of the Convention to the actions of its forces
abroad.”57
Intelligence Cooperation
Both the Security Service (commonly known as MI5), the agency for domestic intelligence
gathering overseen by the Home Secretary, and the Secret Intelligence Service (SIS,
commonly known as MI6), the agency for international intelligence gathering overseen by
the Foreign Secretary, engage in counterterrorism cooperation with similar agencies around
the world. Cooperation with countries such as Pakistan and Uzbekistan raises serious
concerns about the use of torture intelligence.
56
See Human Rights Watch, Not the Way Forward: The UK’s Dangerous Reliance on Diplomatic Assurances, October 2008,
http://www.hrw.org/en/reports/2008/10/22/not-way-forward-0; Letter to British Foreign Secretary Miliband on Diplomatic
Assurances with Ethiopia, September 17, 2009, http://www.hrw.org/en/news/2009/09/17/letter-british-foreign-secretaryethiopian-deportation-cases.
57
Committee Against Torture, Concluding Observations/Comments, United Kingdom, CAT/C/CR/33/3,
10 December 2004, http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CAT.C.CR.33.3.En?OpenDocument (accessed March 10,
2010), para 4(b).
23
Human Rights Watch | June 2010
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