Investigatory Powers Commissioner’s Annual Report 2019
UK does not participate in, solicit, encourage or condone unlawful killing, the use of torture
or cruel, inhuman or degrading treatment, or extraordinary rendition.
19.23
Third, there is a small risk of “double counting” in these figures: the same case could have
been referred to Ministers by more than one agency or department. However, following
the implementation of The Principles in January 2020, all of the relevant agencies and
departments have now agreed that the last organisation to handle intelligence before
it is handed to an overseas authority will take responsibility for completing a Principles
assessment on behalf of any others who may be involved. This will tend to reduce the
likelihood of “double counting” in future years.
Table 9: Consolidated Guidance, the UK Intelligence Community and the Ministry
of Defence
Number of cases reviewed on inspection
56
Number of cases brought proactively to the attention of the Investigatory Powers
Commissioner’s Office because they posed contentious legal or policy issues
10
Total number of all
Consolidated Guidance cases
(not limited to those reviewed
on inspection), across all
Consolidated Guidance public
authorities, where personnel:
Knew or believed torture would occur
0
Identified a serious risk of torture and submitted
for approval despite the presumption not to
proceed in such cases
2
Identified a serious risk of cruel, inhuman or
degrading treatment and submitted for approval
7
Identified a serious risk of lack of due process and
submitted for approval67
21
67 This is a shorthand for standards of arrest and detention under a) and b) of the Annex to the Consolidated
Guidance, namely the lawfulness of the arrest (under local law) and the lawfulness of the detention (under
local and international law) and access to due process.
147