Liberty's Second Reading Briefing on the Counter-Terrorism & Security Bill in the House of Commons

together. to surveil, investigate and gather evidence rather than impeding criminal
investigations. Finally, the vast sums of public money required to implement and defend the
control order and TPIM regimes in the courts could be re-directed for more comprehensive
surveillance of those suspected of involvement in terrorism.
Judge-led inquiry into allegations of UK complicity in rendition and torture
71. The Coalition repeatedly pledged to set up a judicial inquiry into allegations of UK
complicity in torture and rendition. It has now handed the task to the Intelligence & Security
Committee which in 2007 mistakenly cleared the Agencies of wrongdoing. Victims of
rendition and torture understandably do not trust the Committee to investigate the claims.
We urgently need an inquiry compliant with international and domestic human rights
standards to get to the truth of these allegations and comply with fundamental human rights
standards on the prohibition of torture, including the provision of effective redress. The
limitations inherent in the ISC’s mandate and powers, the fact that members are appointed
by the Prime Minister and reports are subject to Government redaction are just some of the
reasons why the current investigation does not come close to satisfying the obligation to
conduct an independent, effective, thorough and impartial investigation into the serious
human rights violations. Evidence slowly coming to light concerning MI6 involvement in
Michael Adebolajo’s detention in Kenya makes a judicial inquiry more pressing than ever -
current practice appears to fall short of our international obligations and the Agencies are
finding new ways to side-step their obligations.
72. Meanwhile Government continues to fight successive torture and rendition actions on
the basis that hearing the case would damage the special relationship the UK has with the
USA. In recent months this argument has been rejected twice in the higher courts and at
least two claims are now set to proceed. On 30th October 2014 the Court of Appeal ruled
that the claim of former Libyan dissident Abdul Hakim Belhadj and his then pregnant wife,
Fatima Bouchar, alleging that former Foreign Secretary Jack Straw and MI6 were complicit,
along with the CIA, in his rendition from Hong Kong to Libya in 2004 should proceed. The
Court noted that the claim concerned “particularly grave violations of human rights” and that
there was a “compelling public interest in the investigation by the English courts of these
very grave allegations”. 91 Yunus Rahmatullah, a Pakistani national captured by British
Forces in February 2004 and detained without charge or trial for 10 years during which
period he claims he was tortured by both British and American troops, has also been told
91 Belhaj [2014] EWCA Civ 1394, paragraph 117.