CAT concluding observations 2019, paragraph 37
Plain English recommendation
Review the ‘Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees’ in light of the CAT. In particular, consider:
(a) Removing the possibility of using assurances from foreign state agents when there is a serious risk of such treatment, and stopping intelligence agencies and armed forces from interviewing or questioning detainees in the custody of foreign intelligence services in all cases where there is a risk of torture or ill-treatment.
(b) Monitoring the use of the guidance and providing training for military and intelligence staff about the CAT, including the absolute prohibition of torture and ill-treatment.
Original UN recommendation
In this regard, the Committee reiterates the recommendation contained in its previous concluding observations (see CAT/C/GBR/CO/5, para. 11) that the State party should review the Consolidated Guidance in light of its obligations under the Convention, and should further consider:
(a) Eliminating the possibility of having recourse to assurances when there is a serious risk of torture or ill-treatment, and requiring that intelligence agencies and armed forces cease interviewing or seeking intelligence from detainees in the custody of foreign intelligence services in all cases where there is a risk of torture or ill-treatment.
(b) Monitoring the application of the Consolidated Guidance in practice. The State party should also ensure that military and intelligence personnel are trained on the provisions of the Convention, including the absolute prohibition of torture and ill-treatment.
Date of UN examination
UN article number
2 (prevention of torture), 3 (non-refoulement)