UK 'complicit in mistreatment and possible torture' say UN human rights experts

Wednesday, 27 January 2010 16:54

UN Human Rights experts have published a report on the ‘reinvigorated’ use of secret detention as part of states’ counter-terrorism efforts and the human rights abuses involved in the practice.

'In a 222-page study which will be presented to the UN Human Rights Council in March, the experts conclude that “secret detention is irreconcilably in violation of international human rights law including during states of emergency and armed conflict. Likewise, it is in violation of international humanitarian law during any form of armed conflict.

‘The study, which took almost a year to complete, involves responses from 44 States to a detailed questionnaire, as well as interviews with 30 individuals – or their family members or their legal counsel – who were victims of secret detention, and in many cases may also have been subjected to torture.

‘It provides an historical overview of the use of secret detention, noting that it is not a new phenomenon in the context of counter-terrorism. From the Nazi regime to the former USSR with its Gulag system of forced labour camps, States have often resorted to secret detention to silence opposition, according to the report.'

‘The study goes on to address the use of secret detention in the context of the ‘global war on terror’ following the events of 11 September 2001, describing “the progressive and determined elaboration of a comprehensive and coordinated system of secret detention” of persons suspected of terrorism, involving not only United States authorities, but also other States in almost all regions of the world.

‘It also highlights that secret detention in connection with counter-terrorism policies remains a serious problem on a global scale, either through the use of secret detention facilities; through declarations of a state of emergency, which allow prolonged secret detention; or through forms of “administrative detention,” which also allow prolonged secret detention.

‘The experts reiterate that international law clearly prohibits secret detention, which violates a number of human rights and humanitarian law norms that may not be derogated from under any circumstances.

‘“However, in spite of these unequivocal norms, the practice of secret detention in the context of countering terrorism is widespread and has been reinvigorated by the so-called global war on terror,” states the report, adding that many States, referring to national security concerns – often perceived or presented as unprecedented emergencies or threats – resort to secret detention.’

Writing on the UK's use of secret detention, the report refers to:

"the cases of several individuals, including Binyam Mohamed, Salahuddin Amin, Zeeshan Siddiqui, Rangzieb Ahmed and Rashid Rauf".

An earlier report, ‘Cruel Britannia’ by Human Rights Watch, drew attention to the UK government’s complicity in the torture of some of the individuals named above.

A spokeswoman for Reprieve, the legal charity that represents Binyam Mohamed, said: "The findings make uncomfortable reading for states like the UK who – despite their public condemnation of such practices – are revealed as complicit in war crimes like kidnap, secret detention, and torture.

"Worryingly, the report indicates that the UK intelligence services lack the oversight that would prevent crimes like complicity in torture from recurring in the future."