UN Experts Warn that UK Laws Risk Undermining Its Anti-Torture Obligations 

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Four UN Special Rapporteurs have written to the UK government to warn that five UK laws risk undermining the UK’s duty to investigate and prosecute torture and other serious human rights violations, and may cause it to breach its obligations under the UN Convention against Torture. 

One of them is the UN Special Rapporteur on Torture, Alice Edwards, who is expected to discuss these concerns during an event tomorrow in Parliament, hosted by REDRESS, the Survivor Advisory Group, and the All-Party Parliamentary Human Rights Group.  

The other signatories of the letter, which was made public on the UN website on 31 October, are the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions; the Special Rapporteur on the Promotion and Protection of Human Rights while Countering Terrorism; and the Special Rapporteur on the Promotion of Truth, Justice, Reparation, and Guarantees of Non-recurrence. 

Their letter raises concerns about five pieces of legislation, two of which were passed in the last four years. Some of these concerns are: 

  • National Security Act 2023, which could provide immunity for acts of torture and deny survivors access to redress. 
  • Overseas Operations Act 2021, which imposes limitation periods that make it harder for victims to bring human rights claims. 
  • Justice and Security Act 2013, which provides for a Closed Material Procedure which limits transparency and accountability in cases where torture is alleged. 
  • International Criminal Court Act 2001, which restricts the prosecution of suspects of genocide, crimes against humanity, and war crimes to UK nationals or residents, thereby preventing the prosecution of war criminals visiting the UK. 
  • Criminal Justice Act 1988, which allows a defence of “lawful authority, justification or excuse” for torture, which is inconsistent with the absolute prohibition of torture in international law. 

REDRESS has raised similar concerns in the past. Our briefing UK Law and the Torture Ban highlights how several pieces of legislation have been introduced that are detrimental to survivors of torture living in the UK, including asylum seekers. 

In particular, the Overseas Operations Act, National Security Act, and Illegal Migration Act threaten the absolute prohibition of torture, and undermine the international rules-based order and the rule of law. These laws represent a significant departure from the UK’s longstanding commitment to upholding human rights and international law. 

Our joint report with the Clooney Foundation for Justice, Global Britain, Global Justice, called for the removal of the residency and nationality requirements in the International Criminal Court Act 2001, to allow the prosecution of war criminals visiting the UK. We are currently calling for amendments to the Crime and Policing Bill that would remove these requirements. 

REDRESS and the Survivor Advisory Group, a network of UK-based survivors who provide policy advice to REDRESS, have highlighted that respect for international law is a critical element of the rule of law. Without a strong affirmation of the absolute ban on torture, the UK will be vulnerable to accusations of “double standards” when it seeks to promote human rights and accountability for torture abroad while failing to uphold those same standards at home. 

In order to rebuild its leadership in promoting the international rule of law, we have called on the UK Government to urgently demonstrate its commitment to human dignity and the protection of survivors by taking a firm stance against torture. This includes reforming or repealing laws that currently undermine the ban on torture and reinstating a dedicated anti-torture strategy to meet the Government’s obligations to prevent and punish torture. 

Photo: UN Special Rapporteur on Torture, Dr Alice Edwards (UN Photo).