A/HRC/13/31
was essential to facilitate and implement the rendition programme. The mentioned
Government allegedly allowed these planes to land on its territory without adopting any
measure to prevent their use for secret detention and rendition.
599. There were also reports that the Government of the United Kingdom was allegedly
informed of the secret detention of a number of their residents and provided no information
of their fate or whereabouts to their respective families. The Government did not ensure
consular access for the victims of rendition and did not seek to facilitate their return.
600. It was also reported to the Working Group that the United Kingdom allowed the
operation of secret detention facilities in Diego Garcia, a United Kingdom overseas
territory in the Indian Ocean. It is alleged that this practice facilitated the occurrence of
enforced disappearances.
601. According to reports received, the Government of the United Kingdom was reluctant
to investigate thoroughly allegations of enforced disappearance connected to renditions.
The Government reportedly failed to undertake effective, independent and impartial
investigation into the role of state officials and the use of State territory in connection with
enforced disappearance. No remedies have been provided for the victims and their families,
which includes, in some cases, the establishment of the fate and whereabouts of people who
have disappeared.
Reply from the Government
602. On 17 August 2009 the Government of the United Kingdom replied to this general
allegation stating that it unreservedly condemns any practice of “extraordinary rendition” to
torture and any deprivation of liberty that amounts to placing individuals outside the
protection of the law. Since 2001 it has not given permission for any rendition flights to
pass through United Kingdom territory or airspace. Contrary to previous assurances, the
British Government was informed that in February 2008 two cases of rendition flights
refuelled at the United Kingdom Overseas Territory of Diego Garcia.
603. The Government was not aware of the flights at the time, and did not give
permission for them to use British territory. It would only grant such permission if it was
satisfied that the rendition would accord with United Kingdom law and our international
obligations.
604. With regard to allegations of a detention facility on Diego Garcia, the British
Government was informed that they have not interrogated any terrorist suspect or terrorismrelated detainee on Diego Garcia in any case since 11 September 2001, and that allegations
of a holding facility on the island are inaccurate.
605. Regarding the investigations undertaken into issues related to rendition, the
Government provided copies of a report on detention, dated 2005, and a report on rendition,
dated 2007, which were produced by the Intelligence Security Committee (ISC), the United
Kingdom body charged with oversight of the policy of the intelligence and security
Agencies. The Committee concluded, and the Government agreed, that “where there is
sufficient evidence of unlawful activity on board an aircraft in United Kingdom airspace, be
it a rendition operation or otherwise, this would be investigated by United Kingdom
authorities”.
Observations
606. The Working Group calls upon the Government to sign and ratify the International
Convention for the Protection of All Persons from Enforced Disappearance and accept the
competence of the Committee under articles 31 and 32.
GE.09-17704
125
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