Sara Carnegie

Solicitor to the Detainee Inquiry

35 Great Smith Street

London

SW1P 3BQ 

3 August 2011

Dear Ms Carnegie

We refer to your letter of 6 July 2011 sent to nine of the ten organisations listed below and letter to Human Rights Watch dated 15 July 2011.

We have carefully considered the contents of the letters as well as the Terms of Reference and Protocol published on 6 July 2011. Plainly an Inquiry conducted in the way that you describe and in accordance with the Protocol would not comply with Article 3 of the European Convention on Human Rights. We are particularly disappointed that the issue of what material may be disclosed to the public will not be determined independently of Government and, further, that there will be no meaningful participation of the former and current detainees and other interested third parties.

As you know, we were keen to assist the Inquiry in the vital work of establishing the truth about allegations that

UK authorities were involved in the mistreatment of detainees held abroad. Our strong view, however, is that the process currently proposed does not have the credibility or transparency to achieve this. If the Inquiry proceeds on this basis, therefore, and in light of indications from the lawyers acting for former detainees that they will not be participating, we do not intend to submit any evidence or attend any further meetings with the Inquiry team.

Yours sincerely

The AIRE Centre

Amnesty International

British Irish Rights Watch

Cageprisoners

Freedom from Torture 

Human Rights Watch

Justice

Liberty

Redress

Reprieve