In a report published on Wednesday, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) assesses the treatment of foreigners detained in the United Kingdom pursuant to the Anti-Terrorism, Crime and Security Act 2001.
Published at the request of the UK authorities, the report together with their response, concerns a visit carried out in February last year.
In pursuance of Article 7 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as "the Convention"), a delegation of the CPT carried out a visit to the UK from February 17 to 21, 2002. The visit was one which appeared to the Committee "to be required in the circumstances" (cf. Article 7, paragraph 1, of the Convention).
The visit was carried out by the following members of the CPT: Mario Felice (head of the delegation) and Eugenijus Gefenas, assisted by Aziz Taalab, interpreter, and accompanied by Jan Malinowski of the CPT's Secretariat.
Dr Felice is the chairman of Malta's Board of Prison Visitors.
In the aftermath of the unprecedented terrorist attacks of September 11, 2001, the UK sought to reinforce measures designed to prevent similar attacks and, on December 14, 2001, enacted the Anti-Terrorism, Crime and Security Act 2001.
The Act provides inter alia for the administrative detention (by decision of the Secretary of State) for an indefinite period of foreigners believed to pose a risk to national security and suspected of being international terrorists who, for legal or practical reasons, cannot be removed from the UK. (It is not required that those persons be charged with - or indeed suspected of - concrete criminal offences; they are considered immigration detainees.)
The UK also derogated from Article 5 (1) of the European Convention on Human Rights but, at the same time, reiterated the commitment not to remove foreign nationals to a country where they would run a risk of being subjected to torture or to inhuman or degrading treatment or punishment.
It should be made clear at the outset that it is not for the CPT to consider issues related to the derogation from Article 5 (1) of the European Convention on Human Rights made by the UK authorities.
However, it does fall to the CPT to examine the treatment of persons deprived of their liberty, including suspected international terrorists detained by decision of the Secretary of State pursuant to the Anti-Terrorism, Crime and Security Act 2001.
In this connection, the CPT would stress that, while terrorist activities rightly meet with a strong response from State institutions, under no circumstances should that response be allowed to degenerate into violations of fundamental rights by those institutions or by State officials.
On December 20, 2001 and January 30, 2002, the CPT requested information from the UK authorities on the use being made of the detention powers contained in the Anti-Terrorism, Crime and Security Act 2001 and the procedures applied - and rights recognised - to persons detained pursuant to the Act. It also requested information on the places used to hold such persons and an account of the regime offered to them.
In the light of the information received in response, the committee decided to carry out a visit to the UK to examine the situation of persons detained pursuant to the Anti-Terrorism, Crime and Security Act 2001.
In the course of the visit, the CPT's delegation interviewed, in private, all of the persons who were then being detained under the Act and reviewed their conditions of detention in Belmarsh and High-down Prisons. It also interviewed a small number of persons detained on charges of criminal activities of a terrorist nature.
The delegation heard no allegations of physical ill-treatment by police officers of persons detained under the 2001 Act and, with one exception, there were no allegations of physical ill-treatment by prison officers. Some allegations of verbal abuse were received.
Persons detained pursuant to the 2001 Act were being treated as Category A prisoners, the highest security risk classification. Their material conditions of detention were of an adequate standard.
However, as regards out-of-cell time and activities, the situation found left a great deal to be desired.
In their response, the UK authorities inform the CPT that persons detained under the 2001 Act have been moved to units capable of offering enhanced activities and that their regime is subject to ongoing review.
As regards health care, the CPT recommended that consideration be given to the specific needs - both present and future - of persons detained under the 2001 Act, in terms of psychological support and/or psychiatric treatment.
In their response, the UK authorities underline the commitment of health care staff to providing an adequate level of care to the detainees.
Council of Europe Secretary General Walter Schwimmer welcomed the decision to publish these documents and highlighted the constructive spirit which characterises the well-established co-operation between the committee and the UK.
Mr Schwimmer also expressed his appreciation of the clear statement by the UK Government that actions taken by its institutions and officials to combat terrorism and to preserve a democratic society will at all times be in accordance with the fundamental human rights of any person against whom action is taken.
The CPT report and the response of the UK authorities are available on the CPT's Website (www.cpt.coe.int)