Human rights — Torture — Inhuman and degrading treatment — United Kingdom operations in Afghanistan — United Kingdom transferring detainees to Afghan authorities — National Directorate of Security detention facilities — Kabul (Department 17), Kandahar and Lashkar Gah — Whether United Kingdom transferees at real risk of torture or serious mistreatment — Whether practice of transfer breaching Secretary of State’s policy — Article 3 of European Convention on Human Rights, 1950 — Relevant principles — Role of court — Standard in international legal instruments — Article 3 of Torture Convention, 1984 — Class case — Whether consistent pattern of gross and systematic violations of human rights — Other relevant considerations — Whether proper evidential basis — Independent reports — Allegations of United Kingdom transferees — Canadian material — Safeguards — Afghanistan–United Kingdom Memorandum of Understanding and related assurances — Whether sufficient — Practical operation of transfer arrangements — Access to transferees by United Kingdom personnel — Credibility of allegations — Whether system of specific safeguards insulating United Kingdom transferees altogether from risk of ill-treatment — Whether current United Kingdom practice of transfers unlawful

War and armed conflict — United Kingdom operations in Afghanistan — Security and rule of law in Afghanistan — Effectiveness of operations — Law of armed conflict — Power to capture insurgents — Power to detain insurgents temporarily — No power of indefinite internment — United Kingdom policy — Suspected insurgents detained by United Kingdom armed forces transferred to Afghan authorities for questioning and prosecution — Whether all transferees at real risk of torture or serious mistreatment — Safeguards — Nature and effectiveness — Afghanistan–United Kingdom Memorandum of Understanding and related assurances — Practical operation of transfer arrangements — United Kingdom assessment of no real risk of torture or mistreatment — Whether current practice of transfers unlawful

States — Sovereignty — Afghanistan — United Nations Security Council Resolutions — International community pledging to support and ensure respect for Afghan sovereignty — Afghanistan having jurisdiction over all persons in territory unless expressly agreed otherwise — Entitlement of Afghan Government to prosecute those in jurisdiction committing offences under Afghan law — Security and rule of law in Afghanistan — Afghanistan having overall responsibility — Afghan Constitution and Penal Code prohibiting all acts of torture and inhuman punishment — Whether United Kingdom practice of transferring detainees to Afghan authorities unlawful — The law of England