IV. Recommendations

The British government should:

• Order a full and independent public inquiry with subpoena powers to establish whether British security services have been complicit in torture or other ill-treatment in Pakistan and elsewhere.
• Adopt measures to address the criticism of the government's counterterrorism policy, including in reports by the UK parliamentary Joint Committee on Human Rights and the House of Commons Foreign Affairs Committee, so as to ensure that British policy and practices on counterterrorism meet the UK's international obligations regarding torture or other ill-treatment.
• Investigate allegations of complicity by the British security services in the torture and  ill-treatment of terrorism suspects in Pakistan. Where sufficient evidence of wrongdoing exists, prosecute those responsible, regardless of position or rank.
• Publish without delay current and past guidance to the intelligence services on interrogation of suspects overseas.
• Explicitly condition continuing cooperation and assistance to Pakistan in counter-terror and law enforcement activities on Pakistan adopting effective measures to end torture and ill-treatment by its security services.
• While cooperating with Pakistan on counter-terror and law enforcement activities, take all necessary measures to ensure that torture and ill-treatment of suspects or others is not used, and act to stop it should it occur.
• Legislate to revise the Criminal Justice Act 1988 and the Intelligence Act 1994 to clarify that superior orders or acting under "lawful authority" can never be a defense to complicity or participation in torture abroad.
• Revise or abolish section 135 of the Criminal Justice Act 1988, which permits the attorney general to prevent a prosecution on torture-related charges. In the meantime, the attorney general should announce that she will not intervene in any prosecution for crimes connected with torture, but will defer all decisions on prosecutions to the director of public prosecutions.
• Cease to use dual citizenship clauses as a basis for not intervening in cases of British citizens with dual citizenship detained abroad who are at risk of torture.

The Pakistani government should:

• Take all necessary measures to end the use of torture and other ill-treatment by Pakistani military intelligence agencies and civilian law enforcement agencies. Impartially investigate allegations of torture and other ill-treatment of terrorism suspects, and where sufficient evidence of wrongdoing exists, prosecute those responsible, regardless of position or rank.
• Fully disclose all third parties involved in aiding, abetting, encouraging, urging or being otherwise complicit in the torture or ill-treatment of terrorism suspects in Pakistan.
• Publicly release detailed information on foreign government involvement in such activities, including that by the United Kingdom and the United States.
• Assume effective control over the military's Inter Services Intelligence Directorate (ISI) and other military intelligence agencies.
• Ensure that all Pakistani military intelligence and law enforcement personnel at every level have received appropriate training in human rights law and its application in all cases, including with respect to terrorism suspects.
• Adopt all necessary measures to ensure the procedural rights of all persons arrested or detained for criminal offenses. Hold all detainees only in officially recognized places of detention. Inform all persons immediately of the grounds of arrest and promptly inform them of the charges against them before a judicial officer. Provide all detainees with immediate and regular access to family members and legal counsel. Make publicly available regularly updated figures on the number of individuals arrested and charged in terrorism cases or on suspicion of planning or engaging in terrorism.
• Invite the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to visit Pakistan, conduct investigations, and make appropriate recommendations.