UK: SUBMISSION TO THE INTELLIGENCE AND SECURITY COMMITTEE THE ADEQUACY OF 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” INTRODUCTION 1. Amnesty International submits the following in response to the Intelligence and Security Committee’s (ISC) call for written evidence issued on 11 September 2014. This submission addresses only the second point in the call for evidence, namely the adequacy of “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” (“the Guidance”). 2. Amnesty International has submitted a separate joint statement with eight NGOs on the 27 issues and broader themes raised by the Detainee Inquiry’s report. Some of the 27 issues and themes relate to the Guidance; our evidence here, however, rests on our analysis of the Guidance and related correspondence with the Government setting out our concerns in 2010 and 2011, rather than relying on any rubric set out by the Detainee Inquiry’s report. Copies of our correspondence with Government on the Guidance were shared at the time with the Detainee Inquiry. PUBLICATION OF THE GUIDANCE 3. Amnesty International welcomed the publication of the Guidance as an important step toward ensuring transparency and accountability in relation to the actions of UK personnel operating overseas and their relationships with foreign intelligence services. The global prohibition of torture and other cruel, inhuman or degrading treatment or punishment (CIDTP) is absolute and requires governments to take positive steps to prohibit and prevent such abuse. We acknowledge the Guidance’s clear affirmation that the UK will not “participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment for any purpose” and what we understand to be a prohibition of any intelligence activities of any kind by the UK where it is known or believed that torture will take place. 4. The Guidance nevertheless still gives rise to grave human rights concerns. It remains ambiguous and potentially permissive about situations where there is a serious risk that UK action will result in torture or other ill-treatment and/or where there is knowledge or belief that UK action will definitely result in other cruel, inhuman or degrading treatment. Our correspondence with the Government since the publication of the Guidance have not allayed our concerns. 5. Amnesty International recognizes the UK’s international efforts to eradicate torture. The Government’s failure to date to strengthen the Guidance in any meaningful manner is regrettable. EUR 45/012/2014 1 31 October 2014

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