- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Colin Boyd on 22 December 2005
To ask the Scottish Executive whether it, the Scottish Law Officers or the Procurator Fiscal Service are considering investigating the allegations that US agencies may be using Scottish airports as refuelling stops for flights in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of interrogation.
Answer
As indicated in my previous answerto question S2W-21576 on 22 December 2005, to date, the police have not received any specific reports of incidents involvingsuch flights occurring at Scottish airports and have not submitted any reports toprocurators fiscal.All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it has made any assessment of the details of the case being pursued by the American Civil Liberties Union on behalf of the German national Khaled al-Masri, who alleges he was seized in Macedonia and taken to a US prison in Afghanistan in 2004 where he was tortured whilst being interrogated, when considering whether to investigate the claims that US agencies are using Scottish airports as refuelling stops for flights in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of interrogation.
Answer
Whether or not toinvestigate an allegation of any criminal matter is an operational decision forthe Chief Constable of the relevant local police force.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Colin Boyd on 22 December 2005
To ask the Scottish Executive whether the Lord Advocate has instructed any police force to search any planes stopping over in a Scottish airport which is reportedly being used by the United States of America for rendition flights, in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of investigation.
Answer
The Lord Advocate has not issuedinstructions to any police force to search a plane under these circumstances anddoes not have authority to instruct search without warrant. The Scottish policehave not received any specific reports of incidents involving so called renditionflights occurring at Scottish airports and have not submitted any reports toprocurators fiscal.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it would expect the police force with the appropriate jurisdiction to inspect a plane stopping over at a Scottish airport for refuelling if there was a suspicion that drugs or arms were being transported illegally on that plane.
Answer
The police will take suchaction as is necessary if credible and reliable information is received that acrime is being planned, is being committed, or has occurred within Scottishjurisdiction.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it has discussed with Human Rights Watch and Amnesty International their allegations that US agencies may be transporting individuals suspected of being involved in terrorism to countries that practice torture to assess whether there is any veracity in the allegations that planes being used by US agencies for these purposes have stopped for refuelling in Scottish airports.
Answer
The Scottish Executive hasnot had any discussions with Human Rights Watch or Amnesty Internationalregarding these allegations.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it is aware of US agencies using Scottish airports as refuelling stops for flights in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of interrogation.
Answer
I refer the member to the answer to question S2W-21092 on 8 December 2005. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it has considered the implications for it if planes being used by US agencies for the purposes of rendition flights, in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of investigation have stopped over in Scottish airports for refuelling, in light of the opinion of Lord Steyn that the United Kingdom and the United States may be guilty of war crimes if they were aware of such flights landing on British soil and their purpose.
Answer
It is an offence under Scots law to aid and abet an act which constitutes a crime in statute or common law. However, the Scottish Executive is not aware of any evidence to support allegations that the flights in question have involved any criminal activities. Where evidence exists to support allegations that war crimes, or any other crimes, have been committed within Scottish jurisdiction, or have been committed elsewhere by or at the instigation of a public official who is subject to Scottish jurisdiction, the police will be responsible for conducting appropriate investigations and reporting such cases to the Procurator Fiscal.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it has discussed the issue of US agencies using Scottish airports for refuelling for flights in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of interrogation with either (a) Her Majesty’s Government or any of its representatives or (b) the US Government or any of its representatives and, if so, with whom such discussions took place and what their nature was.
Answer
Officials have had routinediscussions with counterparts in the UK Government primarily in relation to theanswering of Scottish parliamentary questions and other enquiries about theseallegations. No discussions have taken place with representatives of the USGovernment regarding these allegations.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 09 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether any member of the police has made representations to it requesting an investigation into allegations that US agencies may be using Scottish airports as refuelling stops for flights in which it is alleged that suspected terrorists are being carried to countries where the practice of torture is used for the purposes of interrogation.
Answer
The Scottish Executive isnot aware of any representations from the police regarding this matter.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 08 December 2005
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Current Status:
Answered by Cathy Jamieson on 22 December 2005
To ask the Scottish Executive whether it considers that it is appropriate for the Scottish Prison Service not to retain historical data in respect of prisoners held in a regular prison who should be held in an open prison.
Answer
I have asked Tony Cameron,Chief Executive of the Scottish Prison Service to respond. His response is asfollows:
Establishments assessregularly prisoners whom they consider are suitable for transfer to open prisonconditions. There is no operational value in the collection or maintenance ofhistorical data on such transfers and to begin to collect this data woulddivert resources from front line services.
