Recommendation 13

The proposal to introduce immunity from prosecution will amount to an amnesty for serious human rights violations. The ECHR requires that the investigations must “be capable of leading to punishment of those responsible”. Whilst the jurisprudence on the compatibility of amnesties with the Convention is limited, there is very clear guidance which indicates that amnesties for human rights violations conflict with the duty to prosecute and punish grave violations. Unless the ECtHR departs from this position, the conditional immunity scheme is likely to breach the UK’s procedural obligations under Articles 2 and 3 ECHR in circumstances where immunity is granted for unlawful killings, torture, and inhuman or degrading treatment or punishment. The conditional immunity scheme should be removed from the Bill (see Annex, Amendment 11).