Response of the United Kingdom Government
to the Request of the Secretary General for an explanation in
accordance with the Article 52 of the European Convention on Human
Rights[3]
1. Explanation of the manner in which UK
law ensures that acts by officials of foreign agencies within
our jurisdiction are subject to adequate controls
Officials of foreign agencies are bound, whilst
within the UK, by the same laws that apply to all persons present
here. Where there are reasonable grounds to suspect that a crime
has been or may be committed then the police and other investigative
authorities have the neccessary powers to investigate and where
appropriate prosecute those responsible for any such crime. Insofar
as any official of a foreign agency may be entitled to any immunity
from legal process, a waiver of that immunity can be sought and
if the required co-operation is not forthcoming the official may
be required to leave the UK. In addition, the Visiting Forces
Act 1952 covers certain matters connected with the presence in
the UK of the military forces of certain countries (including
the USA), including the question of jurisdiction which means that
the sending state's service authorities may exercise their own
jurisdiction over their service personnel within the UK.
2. Explanation of the manner in which UK
law ensures that adequate safeguards exist to prevent unacknowledged
deprivation of liberty of any person within UK jurisdiction, whether
such deprivation of liberty is linked to an action or omission
directly attributable to the UK or whether the UK has aided or
assisted the agents of another State in conduct amounting to such
deprivation of liberty, including aid or assistance in the transportation
by aircraft or otherwise of persons so deprived of their liberty
All persons arrested by the Police in England
and Wales are covered by the safeguards contained in the Police
and Criminal Evidence Act 1984 (PACE) which include the maintenane
of detailed custody records and would in practice prevent a person
being held in unacknowledged detention. In Scotland there are
similar legislative provisions in place to safeguard those in
custody and to ensure that detailed custody records are maintained.
Unacknowledged deprivation of liberty by any
person would constitute a crime such as false imprisonment or
kidnapping which are both offences at common law triable on indictment.
False imprisonment consists in the unlawful and intentional or
reckless restraint of a victim's freedom of movement from a particular
place. Kidnapping is an offence comprising the following four
elements:
(a) the taking or carrying away of one person
by another;
(b) by force or by fraud;
(c) without the consent of the person so
taken or carried away; and
(d) without lawful excuse.
Were a UK official to aid or abet a criminal
act they may be guilty of an offence also. Where there are reasonable
grounds to suspect that a crime has been or may be committed the
Police and other investigative authorites have the necessary powers
to investigate and where appropriate prosecute.
The Human Rights Act 1998 gives effect in domestic
law to the rights and protections contained in the Convention
and provides both for victims to be able to bring actions for
breach of human rights against public authorities (section 6)
and also for primary and subordinate legislation to be read and
given effect to in a way which is compatible with Convention rights
(section 3). In addition, the Scotland Act 1998 provides that
Scottish Ministers (the devolved executive in Scotland) have no
power to act in a way which is incompatible with Convention rights
(section 57(2)).
Separately from this legislative framework,
any individual may bring an action for habeas corpus (in England
and Wales) to test the legality of his detention or a civil action
for the tort of false imprisonment (in Scotland, an action for
the delict of unlawful detention) if he is deprived of his liberty
unlawfully including where such deprivation is contrary to Article
5 of the Convention.
In addition, under section 65 of the Regulation
of Investigatory Powers Act 2000 the Investigatory Powers Tribunal
considers complaints relating to any alleged conduct by the UK
Security and Intelligence Services. The Tribunal may call witnesses
and has extensive access to information.
Finally, there are a number of general police
powers which relate to aircraft. In England an dWales, police
have a power to enter premises to arrest for indictable and certain
other offences (section 17 of PACE). For this purpose, "premises"
are defined as including "any aircraft" (section 23
of PACE). Under section 8 of PACE a Justice of the Peace may issue
a search warrant to enter and search premises (including aircraft)
where there are reasonable grounds for believing that an indictable
offence has been committed and that specified relevant material
is likely to be found on the premises.
In Scotland, a criminal court has jurisdiction,
a common law, over aircraft within or flying over Scotland. Section
92 of the Civil Aviation Act 1982 also makes provision for the
application of the criminal law to aircraft. If the police have
a specific basis to believe that an offence is being committed
on board an aircraft, the police can apply to the court for a
search warrant (either at common law or under statute) to enter
and search that aircraft. If circumstances of urgency exist and
the police have a specific basis to believe that an offence is
being committed against the person of an individual on board an
aircraft and which endangers the safety of that person they may
board the craft and investigate the circumstances in the same
way as they may enter any premises in order to prevent an offence
of violence continuing.
Constables throughout the UK enjoy certain additional
powers under Part III of the Aviation Security Act 1982 in respect
of non-military airports that have been designated by order of
the Secretary of State. These powers give the Chief Officer of
Police for the police area in which the airport is situated responsibility
for the general policing of the airport and are without prejudice
to other powers enjoyed by the police. Specific powers include
a power to enter any part of the airport.
3. Explanation of the manner in which UK
law provides an adequate response to any alleged infringements
of Convention Rights of individuals within UK jurisdiction, notably
in the context of deprivation of liberty, resulting from the conduct
of officials of foreign agencies. In particular, explanation of
the availability of effective investigations that are prompt,
independent and capable of leading to the identification and sanctioning
of those responsible for any illegal acts, including those responsible
for aiding or assisting in the commission of such acts, and the
payment of adequate compensation to victims
As indicated above, the conduct of an official
of a foreign agency may give rise to criminal or civil action
in the UK. In particular, the police have power to carry out prompt
and independent investigations into any allegations they receive
that a crime has been committed within the UK.
In addition, any individual can bring an action
for habeas corpus or for false imprisonment/unlawful detention.
Where a person is convicted of a criminal offence, a court may
make a compensation order requiring him to pay compensation to
the victim for any personal injury, loss or damage caused whether
directly or indirectly by the acts which constitute the offence.
A victim of a crime of violence may also seek compensation from
the Criminal Injuries Compensation Scheme.
4. In the context of the foregoing explanationsie
explanations of the manner in which UK internal law ensures the
effective implementation of the provisions of the Convention with
respect to everyone within our jurisdictionan explanation
is requested as to whether, in the period running from 1 January
2002 until the present any public official or other person acting
in an official capacity has been involved in any mannerwhether
by action or omissionin the unacknowledged deprivation
of liberty of any individual, or transport of any individual while
so deprived of their liberty, including where such deprivation
of liberty may have occurred by or at the instigation of any foreign
agency. Information is to be provided on whether any official
investigation is under way and/or any completed investigation
No UK public official or other person acting
in an official capacity has been so involved. Allegations made
by the UK NGO Liberty and others that UK airspace has been used
for the transfer of detainees to locations where they may be subject
to ill-treatment have been passed to the Police.
5. A Written Ministerial Statement to Parliament
by the Secretary of State for Foreign and Commonwealth Affairs
of 20 January is enclosed.
3 United Kingdom reply of 21 February 2006 to the
Secretary General of the Council of Europe's request for information
of 21 November 2005, under Article 52 of the European Convention
on Human Rights. Back
|