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Human Rights Annual Report 2005

Yes, that is what has been said. Furthermore, that is what I believe. The issue of judicial review was raised and I shall write to colleagues about that because of the time constraints. The UK will continue to adhere to its long-standing policy not to deport anyone whom it believes is at real risk of torture or the death penalty. The Foreign Affairs Committee concluded the memorandum of understanding on deportation with assurances that the memorandum must not be used as a fig leaf to disguise a real risk of torture for deported terrorist suspects. I wholeheartedly agree. However, it is precisely because the Government take their human rights obligations seriously that they set out to negotiate those memorandums. Such agreements enable us to obtain assurances that will safeguard the rights of those individuals being returned, including the right to access to medical treatment, to adequate nourishment and to accommodation, as well as to treatment in a humane manner in accordance with internationally accepted standards. By signing an MOU and agreeing to the appointment of a monitoring body—this is an important point that has been raised—Governments make a public commitment to safeguarding the well-being of individuals deported under such memorandums. A memorandum therefore provides an additional layer of protection over and above the provisions in international human rights instruments. Individuals will retain the right to challenge a decision to deport them in the UK courts. I believe that the memorandums provide adequate assurances to enable deportation of certain individuals to take place in a manner that is consistent with the UK’s human rights obligations. I would like also to flag up some issues to which we are paying particular attention, and then I shall come to some specific questions asked.