The British government has been accused of developing a secret torture policy in contravention of its official guidance on the use of information obtained through the abuse of detainees.
The Ministry of Defence's unofficial policy creates a provision that would enable ministers to approve passing information to allies even if there is a risk of torture if they believed that the potential benefits justified it.
The government’s official policy on the issue, known as the consolidated guidance policy, states that Britain does “not participate in, solicit, encourage or condone the use of torture or cruel, inhuman or degrading treatment or punishment for any purpose. In no circumstance will UK personnel ever take action amounting to torture.”
The internal document came to light through an investigation by research group the Rendition Project, which passed its findings to human rights group Reprieve.
It reveals that the official guidance can be circumnavigated if “ministers agree that the potential benefits justify accepting the risk and the legal consequences that may follow”.
The revelations have created mounting criticism and have led to the new defence secretary Penny Mordaunt pledging to investigate once a review of the current guidance, which is already under way, is completed next month.
Speaking in parliament, she said: “The UK government stands firmly against torture and does not participate in, solicit, encourage or condone the use of torture or cruel, inhumane or degrading treatment or punishment for any purpose.
“The prime minister has asked [the investigatory powers commissioner] to review the government’s consolidated guidance and submit proposals for how it could be improved.
“Once it has done so and the government has had a chance to consider them, and I anticipate that this will be a matter of weeks, the MoD will review its internal guidance and, as necessary, in the light of any updated guidance that is published.”
The director of Reprieve, Maya Foa, has written to Sir Adrian Fulford, the Investigatory Powers Commissioner with her concerns.
The watchdog told The Times: "The MoD accepts that this document will need to be amended once the new version of the consolidated guidance is published by the government."
An MoD spokesman said: “All our policy and activities in this area comply with the Cabinet Office’s consolidated guidance.”
Former cabinet minister and civil liberties campaigner David Davis said the policy should be rescinded, describing it as a “betrayal” of British values.
Mr Davis told the BBC Radio 4 Today programme that the Iraq war was based on inaccurate intelligence gleaned by torture.
“This document is dated in 2018, just about the same time that he [the commissioner] concluded his consultation [on the Cabinet Office’s consolidated guidance] and I don’t think he, the commissioner ... had actually seen this document at the time,” he said.
The MoD policy document reveals the update was introduced in November last year.
