Creating a fairer Britain
Torture is one of the most serious violations of human rights and, as such, is strictly condemned by international law and, in particular, by the Universal Declaration of Human Rights, article 5, which states that 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'.
The Convention against Torture (CAT), adopted in 1984, not only specifies that the States Parties will outlaw torture in their national legislation, but also notes explicitly that no order from a superior or exceptional circumstance may be invoked as a justification of torture.
Each state party is also required to prevent other acts of cruel, inhuman or degrading treatment or punishment (CIDT) which do not amount to torture, when they are committed by or at the instigation of or with the consent or acquiescence of a public official. There are other rights in the treaty, including the right for victims to obtain redress and compensation.
The UK signed CAT in 1988 and as with all its international treaty commitments, reports periodically to the CAT treaty body, the Committee against Torture, on its compliance with the treaty.
The UK government submitted its Fifth Periodic State Report to the Committee in August 2011. It is anticipated that the examination will take place at the Committee’s 50th session, due to take place in Geneva in May 2013.
The committee sets a “list of issues” to be the focus of the examination at the session prior to it. The 49th session is scheduled for 29 October to 23 November 2012. In order to give the committee sufficient time to consider them, it requests that shadow reports and other communications be submitted at least two months prior to the session at which they will be considered.
The Commission is intending to submit a report to the CAT Committee in September 2012. Our objective is to influence the committee’s decisions regarding the matters to be included on the list of issues since these are very likely ultimately to form the basis of many of the committee’s recommendations following the examination. This will probably be followed up by an update shadow report in March 2013 prior to the examination itself.
The Commission is currently consulting with lawyers, NGOs and the public to give you an opportunity to tell us what you think are the most important issues for us to include in our report and to provide evidence and case studies to illustrate the extent or seriousness of the issues identified.
There are two versions of this consultation. This main version is for everyone. The other more detailed version is primarily targeted at human rights lawyers, human rights NGOs and other experts working in this area. You may choose to respond to either version as you feel appropriate. If you respond in a separate document please say which version you are referring to.
Responses and queries should be sent by email to: catconsultation@equalityhumanrights.com
Please ensure your response reaches us on or before 27 April 2012.