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Extraordinary Rendition

My Lords, I, too, thank the noble Lord, Lord Campbell of Alloway, for introducing this debate on a particular aspect of extraordinary rendition. My interest is that I am the vice-chair of the European Parliament’s temporary committee on extraordinary rendition. First, like all EU and Council of Europe states, the UK is under an international legal obligation to ensure that everyone within its jurisdiction enjoys internationally agreed fundamental rights, including protection from arbitrary detention and torture. That obligation may be violated by acquiescence or connivance in the conduct of foreign agents. Therefore, there exists a positive duty to investigate substantiated claims of breaches of fundamental rights. Those claims have been substantiated by a great volume of credible testimony from victims, by flight records and through judicial and parliamentary as well as journalistic inquiries. Secondly, Council of Europe member states are bound by various multilateral and bilateral agreements, such as defence, international civil aviation and military bases agreements, but the obligations arising from those treaties do not prevent states from complying with their human rights obligations, and those treaties must be interpreted and applied in a manner consistent with human rights obligations. Civil aircraft are entitled to transit or land in the territory of a state that is a party to the Chicago Convention without obtaining prior permission. However, that state can search the plane or inspect certificates or other documents, such as a passenger list. The fear is that extraordinary rendition planes—that is, private jets leased by the CIA—have sought to have it both ways; they have pretended to be civil aircraft so as to escape the need for authorisation but they have sought to enjoy the immunity from search and inspection that state planes have. Amazingly, it seems as though some European Governments may have allowed them that special double indemnity. Our own Government may have turned a blind eye. In response to the report from the Foreign Affairs Select Committee in the other place, the Government said that they ““expected”” the United States to seek permission to render detainees via UK territory or airspace—a curious term. One would expect an insistence or a requirement to seek permission. Of course, in the leaked Foreign Office memo of last December, it was admitted that the Government did not know how often the US had sought permission for rendition flights. What checks have the Government made of Ministry of Defence records of civil flights that land at military airfields? The Government have now acknowledged that the Chicago Convention allows searches and requirements to land, but they refuse to lift a finger, even though there are protocol allegations, to investigate this properly. International instruments against torture require states to assert jurisdiction over torture offences committed in their territories. If states facilitate transfer of an individual to a state where he is at risk of torture, they could be liable for complicity. Such assistance can consist of allowing refuelling or granting overflight or landing rights. In circumstances of overwhelming prima facie evidence, which I suggest exists, of extraordinary rendition having taken place in and through UK and other EU states, even if that evidence is not of a criminal standard of proof, it is incumbent on the UK authorities to stop being passive or turning a blind eye and to start living up to the European and international legal and human rights obligations that British lawyers contributed so much to drafting. The UK must put itself in a position where it can ensure that it complies with the legal obligation to investigate torture and other breach of human rights allegations. I suggest that the Government’s response to the Foreign Affairs Select Committee in the other place is inadequate. The Government said: "““In the absence of evidence of any renditions through UK territory or airspace … we do not consider Article 12 of the Convention Against Torture requires us to carry out a further investigation””." There is enough evidence, as the Joint Committee on Human Rights said. I hope that the Government will tell us that they are now going to carry out a proactive investigation. It is not enough to be passive or to be wilfully ignorant. I suggest that that would betray this country’s reputation for upholding human rights obligations.