The rapid progress of the Bill through Parliament has prevented the Committee from scrutinising the Bill comprehensively, so this report concentrates on the human rights compatibility of the three most significant Government amendments to the Bill tabled on 2 March 2005, comments on the absence of any provision about the use of information obtained by torture, and includes oral evidence from the Home Secretary. The Committee questions whether the degree of prior judicial involvement relating to derogating control orders provided for in the amendments is compatible with the Convention requirement that deprivations of liberty must be lawful, and whether there is sufficient safeguard against arbitrary detention. The Committee also regards prior judicial involvement as required in order for there to be an independent safeguard against arbitrary deprivations of liberty through the exercise of the power to make non-derogating control orders. The Committee remains concerned about the possible use of torture evidence by UK authorities, and now has concerns that the Government has no system in place for ascertaining whether information it receives has been obtained by torture. It recommends that the Government give some formal effect to its expressed intention not to rely on or present in any proceedings evidence which it knows or believes to have been obtained by torture.
About Great Britain: House of Lords
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Published March 7, 2005
by Stationery Office.
Political & Social Sciences, Education & Reference, Law & Philosophy.