CAT/C/GBR/CO/5
(g)
Changes in the youth justice system in England, Wales and Northern Ireland,
aimed at reducing the number of children in detention and the development of community
sentences;
(h)
Extension of the scope of the United Kingdom’s ratification of the Optional
Protocol to the Convention against Torture to the Isle of Man.
C.
Principal subjects of concern and recommendations
Incorporation of the Convention in the domestic legal order
7.
The Committee notes the State party’s position that the Human Rights Act
incorporates the European Convention of Human Rights, including the prohibition of
torture contained therein, in its legislation. However, the Committee is of the view that
incorporation of the Convention against Torture into the State party’s legislation and
adoption of a definition of torture in full conformity with article 1 of the Convention would
strengthen the protection framework and allow individuals to invoke the provisions of the
Convention directly before the courts (art. 2).
The Committee recommends that the State party incorporate all the provisions of the
Convention against Torture in its legislation, and raise awareness of its provisions
among members of the judiciary and the public at large.
The Human Rights Act 1998
8.
The Committee welcomes the assurance given by the State party’s delegation that
the European Convention on Human Rights will remain incorporated in its legislation,
regardless of any decision on a Bill of Rights. It is concerned, however, that the Human
Rights Act 1998 is the subject of negative criticisms by public figures (art.2).
The State party should ensure that public statements or legislative changes, such as
the establishment of a Bill of Rights, do not erode the level of constitutional protection
afforded to the prohibition of torture, cruel, inhuman or degrading treatment or
punishment currently provided by the Human Rights Act.
Extraterritoriality
9.
The Committee is concerned by the State party’s position on the extraterritorial
application of the Convention, in particular that although its armed forces are required to
comply with the absolute prohibition against torture as set out in the Convention, it
considers that the scope of each article of the Convention “must be considered on its terms”
(CAT/C/GBR/Q/5/Add.1, para. 4.5) (art. 2).
The Committee calls on the State party to publicly acknowledge that the Convention
applies to all individuals who are subject to the State party’s jurisdiction or control,
including to its armed forces, military advisers and other public servants deployed on
operations abroad. Recalling its general comment No. 2 (2008) on the implementation
of article 2 by States parties, the Committee reminds the State party of its obligations
to take effective measures to prevent acts of torture not only in its sovereign territory
but also “in any territory under its jurisdiction”, including all areas where the State
party exercises, directly or indirectly, in whole or in part, de jure or de facto effective
control, in accordance with international law (para. 16).
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