Ministry of Defence written question – answered at on 9 June 2020.
Jamie Stone
Liberal Democrat Spokesperson (Armed Forces), Liberal Democrat Spokesperson (Defence)
To ask the Secretary of State for Defence, with reference to the UK's status as a signatory to the UN Convention against Torture (UNCAT), what his policy is on the prohibition against the limitation of criminal and civil proceedings in respect of torture, as set out in General Comment No 3 2012 UNCAT.
Johnny Mercer
Parliamentary Under-Secretary of State (jointly with the Ministry of Defence)
The limitation longstops in the Overseas Operations Bill do not compromise our compliance with the UN Convention Against Torture as individuals are able to bring claims for six years after the alleged torture (or within six years of being diagnosed with a psychological illness as a result of the alleged torture). The statutory presumption in the Bill is compliant with the UN Convention Against Torture as it is a rebuttable presumption which leaves a prosecutor with discretion to prosecute where they consider it appropriate to do so. It is not a statute of limitation or an immunity.
Yes2 people think so
No1 person thinks not
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