Tuesday, September 28, 2010

The United Kingdom guidelines against torture disputed by watchdog

Tuesday, September 28, 2010
New instructions UK intelligence staff on how to work with him to torture suspects abroad may violate human rights legislation, monitoring programme has warned.

As a result, the equality and Human Rights Commission officers wrongly can believe, they were "protected" court action, says.

In a letter to the Prime Minister, it is likely to take legal action.

But the Government of the United States the Office shall maintain the instructions are carried out in accordance with national and international legislation.

Guidance was published in July, when David Cameron announced the Commons of the United Kingdom claims that the enquiry will be noted on the security and intelligence officers suspected foreign Governments julistettuja horror ill treatment.

The probe is partially matching in London resident Binyam Mohamed was tortured UK officials in Pakistan BY CIA, being aware of the objection. a number of other former prisoners, brought legal action against the Government.

EHRC-the monitoring of human rights in the United Kingdom, Parliament says it is satisfied with the "positive actions", the Government will take to resolve the problem, but not "serious concerns" instructions.

It says "a satisfactory response to" give until 30 September may lead to a judicial review proceedings.

Personal criminal liability

Instructions to follow the steps in the intelligence officials should take before they interview prisoners abroad, held by public authorities, in the collect data from them, or request the detention of overseas.

It says officials interview or to institute appropriate legal proceedings for the intelligence of prisoners "to know or to believe" they can tortured.

But the EHRC, says help stop continuing officers have "serious risk" of torture.In such cases, the officers must obtain guarantees for detained by authorities or Ministers.

We have found a clear framework for their activities in a lawful and in relative terms and the respect for human rights with "

EHRC said: "the Commission asked whether in its current form in the field of the protection of officers help enough, because it can leave them invalid the expectation that they protect personal criminal liability in situations where they may unwittingly, responsible for the crimes committed by and with the other condoned."

The Commission's legal Director John Wadham said: "the Government is now to bring the guidelines legislation so that the intelligence service and individual officials unwittingly leave itself participate in the costly and time-consuming court action."

In his letter that the Wadham, who wrote a number of other Government Ministers, argues, for guidance on minimising the risk of wrongly suggests principles are consistent with international law obligations, including the UN Convention against torture and the country.

In the meantime, the EHRC Chair Trevor Phillips described as "unhelpful" approvers on the course advice letters secret service or secret police agency head Jonathan Evans and MI6 Chief sir John Sawers, and suggests it could unwittingly leave them "personal responsibility for and assistance to persons who have been subjected to torture".

"Is the person the reasons for the request, that they were only after orders and defense," the Philips wrote.

The Commission should also call the former, a judge of the Court of appeal against the judgment of the Court of first instance of Sir Peter Gibson is considered to be public, as far as possible, and the results will be published for the query.

Office Government spokesman said, were not in any case in which the activity be allowed "information or persons who have been subjected to torture, would have a belief".

He said: "the Government is firmly attached to the prevention of torture and cruel, inhuman and degrading treatment or punishment.

"We condone it, and we ask other users may do so on our behalf. Me, and in particular our personnel will be played on the course work very hard prisoners shall be tested in such a program, held in other countries for risk reduction.

"We have established a clear framework for their activities in a lawful and in relative terms and the respect for human rights."

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