62
IPCO Annual Report 2018
Case study: allegations of mistreatment
In the course of an investigation, MI5 passed intelligence to a liaison partner via SIS. The subject
of the intelligence was arrested by the liaison partner in their country. The individual told the
British Consular Official that he had been tortured.
The FCO led the response to this allegation and lobbied for further access to the detainee. The
FCO continue to regularly access the individual throughout his detention.
With the detainee’s consent, the matter was raised with the local law enforcement and
relevant government departments in country. The FCO requested an independent and impartial
investigation. The issue was also raised at a bilateral meeting by the Prime Minister.
Following a suggestion from the local government, consular staff have also made the individual
and his family and legal representatives aware of how they could initiate a formal human rights
complaint.
Unsolicited Intelligence
10.18
Paragraphs 27 and 28 of the Consolidated Guidance set out the requirements to be
followed should UKIC or the MOD receive unsolicited intelligence from a liaison partner
where they know or believe that intelligence originates from a detainee and where they
believe the standards to which that detainee has been or will be subject are unacceptable.
Whilst not formally required to do so by the Consolidated Guidance, UKIC has also
considered how to manage the indirect receipt of unsolicited intelligence in similar
circumstances. We have commended this approach and are pleased that this is another
example of where departments have applied the spirit of the guidance to different
operational challenges.
Methodology
10.19
Following our 2017 report, and in light of the ISC’s detainee report, Reprieve, a human
rights charity, asked us to clarify our thinking around the details we publish in relation
to the Consolidated Guidance. Reprieve asked for additional information and statistics
which we are unable to provide because of the sensitivity of this area. The following
explanation sets out our response to Reprieve’s questions and clarifies our methodology for
Consolidated Guidance inspections, which has evolved in recent years and will continue to
change in response to the implementation of The Principles, outlined in chapter 2, in 2020.