134
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
key to various aspects of the US secret
detention and rendition programme.
In April, AI received a reply from the then
Foreign Secretary stating that the UK
authorities would not “facilitat[e] the
transfer of individuals through the UK to
places where there are substantial grounds
to believe that they would face a real risk of
torture”; but that: “[i]f we were required to
assist another State in a rendition operation,
and our assistance would be lawful, we
would decide whether or not to assist
taking into account all the circumstances.”
Responding in June, AI expressed dismay at
the UK government’s overall position on
renditions,
including
the
apparent
assumption
that
there
might
be
circumstances in which it would be lawful
for the UK to provide assistance to a
rendition operation. AI pointed out that at a
minimum renditions involved the forcible
transfer of people without any legal basis or
any recourse to the rule of law, and often
amount to kidnapping. Hence, AI stated
that it could not understand in what
circumstances the UK could lawfully provide
assistance to a rendition operation.
AI also expressed concern at the UK
government’s focus exclusively on physical
transfers of rendition victims through the
UK, noting that as such, the government’s
position was not enough to prevent the
occurrence of this practice. A “no through
the UK” policy was not enough, because it
failed to address instances whereby the UK,
wittingly or unwittingly, may provide
material support for rendition operations
other than by allowing an airplane carrying
a victim to transit through the UK. For
example, the government’s position would
overlook cases where the UK provided
logistical or other support to an aircraft
which was not carrying a rendition victim at
the time that UK assistance was provided,
but which was nonetheless suspected of
being involved in renditions.
AI was also concerned that the UK
government’s policy on renditions appeared
to focus exclusively on the question of
whether there were substantial grounds for
believing that individuals who may be
Amnesty International
subjected to rendition would face a real risk
of torture in the places to which they were
to be transferred. AI expressed concern at
the narrowness of this focus, pointing out
that forcible transfer without recourse to
legal process was itself a human rights
violation, whether or not it resulted in
torture. AI noted that renditions, in and of
themselves, involved serious human rights
violations, which may include ill-treatment
short of torture. AI reminded the UK
authorities that the prohibition of other
cruel, inhuman or degrading treatment or
punishment was just as absolute as was the
prohibition of torture.
In light of these concerns, AI exhorted the
UK
authorities
to
provide
a
firm
commitment that the UK would not
facilitate renditions of any individuals in any
circumstances, let alone where there were
substantial grounds for believing that they
would be at a real risk of torture or other
ill-treatment or other serious human rights
violations.
In addition, having been informed by the
Foreign Secretary in her April letter that the
UK authorities did not routinely keep
records of flights in and out of Diego Garcia,
in its June reply AI expressed grave
concern at such a failure, given the UK
authorities’ awareness of the US-led
rendition programme. The organization
considered that the UK’s failure to keep
such records, as a matter of routine,
impaired accountability.
Bisher al-Rawi and Jamil el-Banna
(update to AI Index: EUR 01/001/2007)
In April, Bisher al-Rawi, a former UK
resident, was returned to the UK and
reunited with his family after more than
four years in US military custody at the
Guantánamo detention camp. Bisher alRawi was not charged with any offence on
his return to the UK. He, along with his
friend Jamil el-Banna, had been in
detention since November 2002, when the
pair were arrested in Gambia. The UK
government had previously tried to disavow
AI Index: EUR 01/010/2007
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