Coillition`s Green Light for Torture

WARNED: The commission (EHRC) expressed "serious concerns" that the guidance could be ‘illegal' in a letter to Prime Minister David Cameron

The Equalities and Human Rights Commission threatened legal action against the government today over new guidance on torture which it labelled "illegal."

In a letter to Prime Minister David Cameron and the heads of MI5 and MI6 the commission (EHRC) expressed "serious concerns" that the guidance could be in breach of British and international law and the UN Convention on Torture.

EHRC said it would consider taking legal action against the government unless it rethinks the guidelines.

It insisted that the new guidance left intelligence officers vulnerable to liability for "crimes committed and condoned by others" and warned that failure to amend it "may result in judicial review proceedings being issued."

Its letter drew praise from legal experts.

"The current UK guidance on torture is indeed illegal," said Reprieve executive director Clare Algar.

"It contains a glaring loophole allowing government ministers to authorise actions which expose prisoners to abuse, overriding even the most serious concerns of intelligence agents in the field.

"This is bound to lead to ministers signing off on acts that will get intelligence agents mixed up in torture."

The guidance published in July sets out the procedures officers must follow before they interview detainees held by authorities abroad, seek intelligence from detainees in the custody of foreign countries or solicit the detention of a person by a foreign country.

It prohibits officers from continuing with any of those actions if they "know or believe" torture will take place. But officers are free to proceed where they know there is a "serious risk of torture" as long as they can allay that risk through "caveats or assurances" or if they consult ministers.

In cases regarding cruel, inhuman or degrading treatment, ministers are only referred to in situations where there is a higher than serious risk of such treatment occurring or when intelligence officers or senior personnel have been unable to reduce the risk.

The guidance document insists it is consistent with British and international law and abiding officers "have good reason to be confident that they will not risk personal liability"

However Reprieve's secret prisons investigator Tim Cooke-Hurle said: "The idea that if a spy in the room turns to his counterpart from that country and says: 'You're not going to beat this guy up are you?' He says: 'No we're not,' the idea that might fulfil obligations under international law is ridiculous."

Sir Peter Gibson, who is due to head an inquiry into claims of British complicity in the torture of detainees held abroad, was also sent a letter by the commission setting out its concerns.

The letter received by Mr Cameron and the intelligence services advised a number of amendments which would make the guidance legal, including prohibiting an officer from proceeding with any of the actions covered by the guidance if there is a serious or "real" risk of torture.