The treatment of detainees during the  CPT’s visit in the United Kingdom (from 17 to 21February 2002) 

The ad hoc visit to the United Kingdom in February 2002 was organised in order to assess the treatment of suspected international terrorists detained pursuant to the Anti-Terrorism, Crime and Security Act 2001[1]. This Act provides for the administrative detention (by Ministerial decision), for an indefinite period, of foreigners believed to pose a risk to national security and suspected of being international terrorists who, for legal or practical reasons, cannot be removed from the United Kingdom. Such persons are considered as immigration detainees.

During the visit the CPT’s delegation had rapid access to the detention facilities visited and to the persons it wished to interview. To sum up, the Committee noted, in the report on the visit[2], that the co-operation received by its delegation was very good. As regards the facts found during the visit, seven of the eight persons being detained at the time of the visit pursuant to the Anti-Terrorism, Crime and Security Act 2001 had been arrested on 19 December 2001 by police officers accompanied by immigration service officials. They had been taken to prison immediately following their arrest. The remaining person had been detained under the Act upon his release from prison shortly before the visit.

Four of the detainees in question were being held in the High Security Unit at Belamarsh Prison and four in Highdown Prison[3].

·        Ill-treatment

The delegation heard no allegations of physically ill-treatment by the police officers or immigration service officials of person detained to the Act 2001. However, certain of the persons interviewed by the delegation claimed that some of the police officers involved had addressed them in a harsh and provocative manner.

Similarly, with one exception[4], none of the persons interviewed complained of physically ill-treatment by prison officers.

As regards this situation, the CPT recommended that prison officers in the High Security Unit at Belamarsh Prison be remind that force should only be used as last resort and must not be more than is strictly necessary and that police and prison officers dealing with persons detained pursuant to the Act 2001 will bear in mind that all forms of ill-treatment, including verbal abuse, are not acceptable.

During its visit, the CPT’s delegation also examined the safeguards against the ill-treatment of detained persons in question.

It verified that while the practical arrangements for notification of custody and access t a doctor were satisfactory the situation in respect of access to a lawyer was not acceptable because most of the detainees complained that had been made to wait for up to one week or more before they were allowed to have a first contact with a lawyer. The delegation was informed that these delays had been the result of clearing procedures applied to Category A prisoners. The CPT recommended that the right of access to a lawyer is guaranteed as from the very outset of custody.

·        Condition of detention

As regards the detention conditions of persons detained pursuant to the Anti-Terrorism, Crime and Security Act 2001 and held in prison (at Belmarsh Prison and at Highdown Prison), the Committee noted that the conditions offered to such detainees were on the whole acceptable from a material standpoint.

It founded that the cells were clean and in a reasonable state of repair, had adequate lighting, including access to natural light and ventilation, and were equipped with in-cell sanitation (lavatory and washbasin). They were adequately furnished (bed, table, cupboard). On contrary, the situation was far less favourable as regards activities because none of the persons detained pursuant to the 2001 Act were being offered work, educational or cultural activities, and only some of them had just received permission to use the gym.

The only organised activity offered to them was the Friday prayer. the CPT has also founded that limited out-of-cell time was being offered to detainees. The CPT recommended the UK authorities to review this situation in the light of its remarks and to guarantee to all prisons the basic requirement of at least one hour of outdoor exercise every day.

·        Health care

As regards the health care, the delegation heard complaints, particularly at Highdown Prison, of delays in having access at later stages to health care staff and, more particularly, to a doctor. The medical files examined by the delegation doctor tended to confirm these allegations.

The CPT has also stressed the importance of psychological support and/or psychiatric treatment to person detained pursuant to Act 2001 because they are considered be at risk of serious human rights violations, including death and torture, in case of return to their countries of origin and indeed they cannot be removed from UK. In particular, it has recognised that at least some of them have previously been the victims of torture or inhuman treatment or punishment and the belief that they had no means to contest the broad accusations made against them also was a source of considerable distress. The limited out-of-cell time and poor regime offered to them did little to alleviate the situation.

The CPT recommended to review the health care arrangements for persons detained to Act 2001 in the light of its remarks and more particularly that consideration be given to the specific needs of detainees in terms of psychological support.

Condition of persons detained on charges of criminal activities of a terrorist nature

As already mentioned, the main purpose of the visit was to examine the treatment of persons detained to Act 2001. Nevertheless, in the course of the visit, the CPT delegation also interview in Belmarsh and Highdown Prison a small number or persons detained on criminal charges of a terrorist nature. The delegation heard no allegations of ill-treatment of these persons by law enforcement officials or by prison officers and noted that their conditions were similar to material conditions of detention were on the whole satisfactory and the regime was poor like the conditions described relating to detention conditions of detainees pursuant the Act 2001.

Replying to the CPT’s criticism of the limited out-of-cell time and activities enjoyed by persons detained pursuant to the 2001 Act, the United Kingdom authorities state that the detainees have been moved to units capable of offering enhanced activities. In reaction to other remarks made by the CPT, the response emphasises that the United Kingdom “…intends that action taken by its institutions and officials to combat terrorism and to preserve a democratic society will at all times be in accordance with the fundamental rights of any person against whom action is taken”.