Five techniques

Five techniques

The term five techniques refers to certain interrogation practices adopted by the Northern Ireland and British governments during Operation Demetrius in the early 1970s. These methods were adopted by the Royal Ulster Constabulary with training and advice regarding their use coming from senior intelligence officials in the United Kingdom Government.

The five techniques were: wall-standing; hooding; subjection to noise; deprivation of sleep; deprivation of food and drink. In 1978, the European Court of Human Rights (ECHR) trial "Ireland v. the United Kingdom" ruled that the five techniques "did not occasion suffering of the particular intensity and cruelty implied by the word torture ... [but] amounted to a practice of inhuman and degrading treatment", in breach of the European Convention on Human Rights.

Parker Report

In response to the public and Parliamentary disquiet on 16 November 1971, the Government commissioned a committee of inquiry chaired by Lord Parker, the Lord Chief Justice of England to look into the legal and moral aspects of the use of the five techniques.

The "Parker Report" [ [http://cain.ulst.ac.uk/hmso/parker.htm Report of the committee of Privy Counsellors appointed to consider authorised procedures for the interrogation of persons suspected of terrorism] held at CAIN part of ARK in collaboration with Queen's University Belfast and University of Ulster] was published on March 2 1972 and had found the five techniques to be illegal under domestic law:

On the same day (March 2 1972), the United Kingdom Prime Minister Edward Heath stated in the House of Commons As foreshadowed in the Prime Minister's statement, directives expressly prohibiting the use of the techniques, whether singly or in combination, were then issued to the security forces by the Government. These are still in force and the use of such methods by UK security forces would not be condoned by the Government.

European Commission of Human Rights inquiries and findings

The Irish Government on behalf of the men who had been subject to the five methods took a case to the
European Commission on Human Rights (Ireland v. United Kingdom, 1976 Y.B. Eur. Conv. on Hum. Rts. 512, 748, 788-94 (Eur. Comm’n of Hum. Rts.)). The Commission stated that it

European Court of Human Rights trial Ireland v. the United Kingdom

The Commission's findings were appealed. In 1978 in the European Court of Human Rights (ECHR) trial "Ireland v. the United Kingdom" (Case No. 5310/71) the facts were not in dispute and the judges court published the following in their judgement:quotation|These methods, sometimes termed "disorientation" or "sensory deprivation" techniques, were not used in any cases other than the fourteen so indicated above. It emerges from the Commission's establishment of the facts that the techniques consisted of:
*(a) wall-standing: forcing the detainees to remain for periods of some hours in a "stress position", described by those who underwent it as being "spreadeagled against the wall, with their fingers put high above the head against the wall, the legs spread apart and the feet back, causing them to stand on their toes with the weight of the body mainly on the fingers";
* (b) hooding: putting a black or navy coloured bag over the detainees' heads and, at least initially, keeping it there all the time except during interrogation;
*(c) subjection to noise: pending their interrogations, holding the detainees in a room where there was a continuous loud and hissing noise;
*(d) deprivation of sleep: pending their interrogations, depriving the detainees of sleep;
*(e) deprivation of food and drink: subjecting the detainees to a reduced diet during their stay at the centre and pending interrogations.

These were referred to by the court as the five techniques. The court ruled:quotation
167. ... Although the five techniques, as applied in combination, undoubtedly amounted to inhuman and degrading treatment, although their object was the extraction of confessions, the naming of others and/or information and although they were used systematically, they did not occasion suffering of the particular intensity and cruelty implied by the word torture as so understood. ...
168. The Court concludes that recourse to the five techniques amounted to a practice of inhuman and degrading treatment, which practice was in breach of" [the European Convention on Human Rights] "Article 3 (art. 3).

On 8 February 1977, in proceedings before the ECHR, and in line with the findings of the Parker report and United Kingdom Government policy, the Attorney-General of the United Kingdom stated that

ee also

* Sensory deprivation
*

References

* [http://www.worldlii.org/eu/cases/ECHR/1978/1.html Ireland v. United Kingdom judgement] ( [http://teaching.law.cornell.edu/faculty/drwcasebook/docs/Rep%20Ireland%20v%20UK.pdf PDF copy] )

Further reading

* [http://www.law.qub.ac.uk/humanrts/ehris/ni/icase/intcaseA.htm International Decisions: Republic of Ireland v United Kingdom (Series A, No 25) European Court of Human Rights] on the web site of Queens University Belfast [http://www.law.qub.ac.uk/ School of Law]

Footnotes


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