The Government has announced that the Overseas Operations Bill will get its second reading in the House of Commons on Wednesday, September 23.<\/p>\n\n\n\n
In its current form, the Bill risks effectively decriminalising torture. Second reading is a first opportunity for MPs to debate the main principles of the proposed legislation.<\/p>\n\n\n\n
Senior military figures including Field Marshall Lord Guthrie have spoken out against the Bill, stating that it \u201cprovides room for a de facto decriminalisation of torture.\u201d<\/p>\n\n\n\n
The Bill would introduce a \u2018triple lock\u2019 against prosecutions of UK personnel for crimes committed in the course of \u201coverseas operations\u201d, making it almost impossible to bring prosecutions for acts of torture.<\/p>\n\n\n\n
Firstly, an unprecedented \u2018presumption against prosecution\u2019 states that \u201cexceptional\u201d circumstances would be required to justify prosecution five years or more after the alleged offence: even if there is strong evidence of torture, and even if a prosecution could be firmly in the public interest.<\/p>\n\n\n\n
Secondly, prosecutors would be required to give \u201cparticular weight\u201d to the reasons \u201cagainst\u201d prosecutions \u2013 even when the offence is torture.<\/p>\n\n\n\n
Thirdly, the Attorney General would be able to veto prosecutions \u2013 even when there are credible claims of torture that clearly violates domestic and international law.<\/p>\n\n\n\n