Recommendation 11

There is a risk that the Government will not be able to discharge its procedural obligations under Article 3 ECHR given the narrow definition of “serious physical or mental harm” which may exclude from scope numerous cases concerning treatment which constitutes torture or inhuman and degrading treatment or punishment. This is particularly problematic in light of the prohibitions and restrictions on any other legal avenues. The definition of “serious physical or mental harm” must include the full scope of harm prohibited by Article 3 (see Annex, Amendment 7). Where victims of torture or inhuman and degrading treatment or punishment are now deceased, or lack capacity, it should be possible for next-of-kin to refer cases to the ICRIR (see Annex, Amendment 8) (Paragraph 50) Conditional immunity scheme