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Terrorism

Answer

The Government have received a copy of the REDRESS report. We welcome such input and have taken note of its contents, but are unable to respond in detail to every report issued. The Government's position on the issues raised is as follows: (a) Rendition, Guantanamo Bay and ““legal black holes”” The UK's position on rendition and Guantanamo Bay is clear. We do not render people in breach of our legal obligations and unreservedly condemn any practice of ““extraordinary rendition to torture””. We have repeatedly called for the closure of the detention facility at Guantanamo Bay and we welcome the steps President Obama is now taking to close it. The Government oppose any form of deprivation of liberty that amounts to placing a detained person outside the protection of the law. The UK supports the rule of law, and our policy remains that individuals suspected of involvement in terrorism should be brought to justice whenever possible. (b) US assurances The US is our closest bilateral partner, and we cannot proceed with them on the basis of mistrust or a presumption of deceit. Notwithstanding the new information which emerged in Feb 2008 concerning two cases of rendition through Diego Garcia in 2002, we fully accept that the US gave its earlier assurances in good faith. We have worked closely with the US to ensure that the renewed assurances they have given us are correct and that we are providing accurate information to Parliament. (c) Deportation The Government will not deport someone where there are substantial reasons for believing that there is a real risk of torture or other inhuman or degrading treatment, or where the death penalty will apply. We can only deport someone if their removal is compatible with our international commitments, including our obligations under the European Convention on Human Rights. Accordingly, we have secured arrangements on deportation with assurances with certain countries so that we can satisfy ourselves that a particular removal is compatible with those obligations. We firmly believe that, in seeking assurances from countries to which we wish to deport foreign nationals who pose a threat to our security, we are both safeguarding their rights and protecting the public. The Government are satisfied that diplomatic assurances can provide effective safeguards for the proper treatment of individuals being returned and can ensure that their rights will be respected (d) Public inquiry into whether UK agents have acted unlawfully If there were any question of anyone acting in an official capacity being engaged in an unlawful act, then this would be a matter for the police. Where allegations of mistreatment have been made to us by British nationals or residents whilst in Guantanamo Bay or following their release, and where we have been asked to do so by the individual concerned, we have raised those allegations with the US authorities. If individuals believe that their human rights have been infringed as a result of actions carried out by or on behalf of any of the UK intelligence agencies, then they may take their case to the Investigatory Powers Tribunal. (e) Compensation for those tortured The Government take all allegations of torture very seriously indeed. Where allegations of torture of British nationals overseas are made, we are able to make consular representations on behalf of the individuals concerned. We may also occasionally make representations on humanitarian grounds on behalf of non-British nationals. The question of compensation is one for the individuals concerned and their lawyers.

Secondary information

Type

Written question

Reference

926; 707 c150-2WA

Session

2008-09

Related items

Torture
Wednesday, 11 February 2009
Written questions
House of Lords

Subjects

Compensation Detainees Deportation Terrorism Torture USA Rendition Guantanamo Bay Diego Garcia

Link

View this Written question on www.publications.parliament.uk