Fresh criticism of 42 days

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Europe's human rights body has expressed "considerable concern" over plans to increase to 42 days the limit of pre-charge detention for terror suspects.

Legislation to increase the 28-day limit "in specified circumstances" was passed by MPs in June and will be voted on in the House of Lords later this month.

But the Council of Europe's anti-torture committee warned on Wednesday that the legislation could be incompatible with European human rights regulations.

And it said that police cells were inadequate for longer than 14 days, so called for suspects to be transferred to prison after this time even if the law was passed.

The committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) visited Paddington Green's high-security police station in west London last December.

It aimed to examine "the safeguards afforded to persons detained by the police under the Terrorism Act 2000, as well as the conditions of detention of such persons".

The report said: "Existing - and possible new - provisions regarding the permissible length of pre-charge detention in cases falling under the terrorism legislation are a matter of considerable concern."

The government insisted that the authorities and police were "acutely aware" of their responsibilities.

But the committee said: "In the interests of the prevention of ill-treatment, the sooner a criminal suspect passes into the hands of a custodial authority which is functionally and institutionally separate from the police, the better.

"Consequently, the committee must insist that neither the existing nor any new provisions in this area should result in criminal suspects spending a prolonged period of time in police custody."

Transfer

Under current regulations, the report notes that a detainee held beyond 14 days "must be transferred from detention in a police station to detention in a designated prison as soon as is practicable".

However, a person can be held at a police station if they request to be or if transferring them would put the investigation at risk in some way.

And the report warned that the investigation at Paddington Green "indicates that the exceptions have become very much the rule".

The CPT also questions whether there are "reasonable grounds" to believe that moving a prisoner could damage an inquiry.

"Transfer to a prison should in all cases be obligatory if detention of a terrorist suspect beyond 14 days is authorised," it said.

Raising concerns about conditions in the cells, it said they gave "a very austere environment" with "minimal access to natural light" and insufficient space for exercise.

"The CPT considers that such conditions are not acceptable for persons held for periods of up to 14 days (let alone 28 or 42)," the committee said.

"The CPT calls upon the UK authorities to take the necessary measures to improve the conditions of detention at Paddington Green high security police station for persons held under the Terrorism Act 2000 for longer than a few days."

The government said the authorities "are taking steps to improve conditions of detention at Paddington Green" for terror suspects following criticism from Lord Carlile, the independent reviewer of terror laws, in June 2007.