48
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
102. The Government published their response to the CPT’s 2004 report
on 9 June 2005. The Government strongly disputed the allegations of illtreatment by prison staff and pointed out that the detained applicants had at
their disposal the remedies provided by administrative and civil law to all
prisoners to complain of ill-treatment. The Government’s response
continued:
“Although the Government respects the conclusions reached by the delegates of the
[CPT] based on the observations on the day of visit, it categorically rejects the
suggestion that at any point during their detention the [2001 Act] detainees were
treated in an ‘inhuman or degrading’ manner that may have amounted to a breach in
the United Kingdom’s international human rights obligations. The Government firmly
believes that at all times the detainees received appropriate care and treatment in
Belmarsh and had access to all necessary medical support, both physical and
psychological, from medical support staff and doctors. The Government accepts that
the individuals had difficult backgrounds prior to detention, but does not accept that
‘detention had caused mental disorders’. Some of the detainees had mental health
issues prior to detention, but that did not stop them engaging in the activities that led
to their certification and detention. Mental health issues do not prevent an individual
from posing a risk to national security.
...
The Government does not accept that those certified under [the 2001 Act] were
detained without any prospect of their release. ...
...
On no occasion did SIAC, or any other court, find that the conditions of detention
breached the absolute obligation imposed upon the Government by Article 3 of [the
Convention]. It is the Government’s view that, given the extensive judicial safeguards
available to the detainees, the Government would not have been able to maintain the
detention of these individuals had the powers breached the detainees’ Article 3 rights
in any way. To suggest otherwise would be to ignore the extensive contact the
detainees had with the British judicial system and the absolute obligation upon the
judiciary to protect against any such breach.”
D. The European Commissioner for Human Rights
103. In August 2002 the European Commissioner for Human Rights to
the Council of Europe published his opinion on certain aspects of the United
Kingdom’s derogation from Article 5 of the Convention and Part 4 of the
2001 Act. In that opinion he expressly criticised the lack of sufficient
scrutiny by Parliament of the derogation provisions and questioned whether
the nature of the al-Qaeda threat was a justifiable basis for recognising a
public emergency threatening the life of the nation:
“Whilst acknowledging the obligations of the governments to protect their citizens
against the threat of terrorism, the Commissioner is of the opinion that general appeals
to an increased risk of terrorist activity post September 11 2001 cannot, on their own
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات