Doc. 10695

3 October 2005

Absolute anti-torture protection undermined by the proposed counter-terror measures in the UK

Written Declaration No 369

This written declaration commits only the members who have signed it

In the aftermath of the July 2005 London terrorist attacks, the British Government began making proposals for further anti-terrorism legislation.

      Amongst these was the suggestion that judges, when considering deportation cases, be required to balance the risk of an individual being subjected to torture or inhuman or degrading treatment or punishment following removal against the threat that the individual’s continued presence might pose to national security.

      To relativise protection against torture in such a way is incompatible with the absolute nature of the prohibition on torture, a long-standing peremptory norm of international law codified in Article 3 of the European Convention on Human Rights. Implementation of this suggestion would be a serious retrograde step and counter-productive in the fight against terrorism.

      Whilst strongly condemning all terrorist attacks and calling for stringent and effective measures in response, we, the undersigned PACE members, urge the UK authorities to avoid any measures which contravene international human rights law, including the ECHR, in particular with regard to the absolute prohibition on torture.

Signed (see overleaf)

Signed: ¹

POURGOURIDES, Christos, Cyprus, EPP/CD

ALEVRAS, Athanasios, Greece, SOC

ALITI, Rafis, "the former Yugoslav Republic of Macedonia", SOC

ARABADJIEV, Alexander, Bulgaria, SOC

ATEŞ, Abdülkadir, Turkey, SOC

BARTUMEU CASSANY, Jaume, Andorra, SOC

CEBECİ, Erol Aslan, Turkey, EPP/CD

CILEVIČS, Boriss, Latvia, SOC

ERR, Lydie, Luxembourg, SOC

ERTSBORN, Jan, Sweden, ALDE

GARDETTO, Jean-Charles, Monaco, EPP/CD

GORIS, Stef, Belgium, ALDE

GROSS, Andreas, Switzerland, SOC

HUNAULT, Michel, France, EDG

IVANOV, Sergei, Estonia, ALDE

JASKIERNIA, Jerzy, Poland, SOC

JOVAŠEVIĆ, Ljubiša, Serbia and Montenegro, EPP/CD

JURGENS, Erik, Netherlands, SOC

MERCAN, Murat, Turkey, EPP/CD

MONFILS, Philippe, Belgium, ALDE

TKÁČ, Vojtech, Slovakia, SOC

WOHLWEND, Renate, Liechtenstein, EPP/CD

__________________________

Total = 22

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      ALDE: Alliance of Liberals and Democrats for Europe

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group