Rt Hon David Cameron MP

Prime Minister

10 Downing Street

London SW1 2AA

 

6 January 2012

 

Dear Prime Minister,

 

We write in connection with revelations in recent months that the UK was involved in renditions to Libya and indications that the ‘Detainee Inquiry’ will include these new allegations in its investigation of whether the UK government was implicated in the improper treatment of detainees in overseas counter-terrorism operations.

 

We believe that the latest developments reinforce the case for an effective and independent inquiry into allegations of UK complicity in the mistreatment of detainees overseas.

 

While your announcement of this Inquiry in 2010 was widely welcomed in the UK and internationally, there is growing concern that the powers currently given to the Inquiry are seriously deficient and that it will be unable to properly fulfil the UK's human rights obligations. Without substantial changes, it will not get to the truth of Britain's involvement or ensure such abuses do not occur again.

 

The Inquiry has consequently failed to secure the support of victims. Abdul Hakim Belhadj, who has announced his decision to sue the British government in relation to his rendition to Libya, adds his name to a list of those who will not be participating in the Detainee Inquiry.

 

We strongly urge the Government to revisit the Inquiry’s Terms of Reference and Protocol to address the key problems outlined below.

 

At present, the Inquiry lacks the powers to decide which documents or evidence to publish. While the Inquiry can argue for publication, the government has wide grounds for refusal and the final say rests with the Cabinet Secretary, who is of course answerable to the government. While some documents may need to be kept secret for legitimate national security reasons, there should be a presumption in favour of openness with the final decision on disclosure resting not with the government but with an independent body.

 

In its current form, the Inquiry also prevents the meaningful participation of victims, their representatives and other interested parties. With the exception of the heads of agencies, all members of the security services will give evidence behind closed doors, and there will be no opportunity effectively to cross examine or otherwise challenge that evidence. Those who were subject to torture, rendition or illegal detention and the groups who documented these abuses should surely have the opportunity to challenge the official version of events and those responsible for policy and its implementation. The Inquiry is most unlikely to get the full picture and to identify all the policy failures and abuses without this.

 

We believe that revising the Inquiry’s Terms of Reference and Protocol to remedy these shortcomings is essential if the government is to demonstrate it is serious in what it says about restoring moral leadership and preventing the reoccurrence of abuses that continue to stain Britain's reputation.

 

Yours sincerely,

 

Clare Algar, Executive Director of Reprieve

 

Kate Allen, Director of Amnesty International UK

 

Keith Best, Chief Executive of Freedom from Torture

 

Silvia Casale, former President of the European Committee for the Prevention of Torture and former Chairperson of the UN Sub-Committee on the Prevention of Torture

 

Shami Chakrabarti, Director of Liberty

 

Malcolm Evans OBE, Professor of International Law at the University of Bristol and Chair of the UN Sub-committee on the Prevention of Torture

 

Carla Ferstman, Director of REDRESS

 

David Mepham, UK Director of Human Rights Watch

 

Nuala Mole, Director of the AIRE Centre

 

Professor Manfred Nowak, Professor of International Law and Human Rights at the University of Vienna and former UN Special Rapporteur on Torture

 

Asim Qureshi, Executive Director of Cage Prisoners

Professor Sir Nigel Rodley, Professor of Law and Chair of the Human Rights Centre at the

University of Essex and former UN Special Rapporteur on Torture

 

Professor Martin Scheinin, Professor of Public International Law at the European University Institute, Florence

 

Roger Smith, Director of JUSTICE

 

Brita Sydhoff, Secretary-General of the International Rehabilitation Council for Torture Victims

 

Wilder Tayler, Secretary-General of the International Commission of Jurists and member of the UN Sub-Committee on the Prevention of Torture

 

Jane Winter, Director of British Irish RIGHTS WATCH