Transfer of Detainees (Afghanistan)

Monday 28th June 2010 Written Statements

[The Secretary of State for Defence (Dr Liam Fox)]

The House will be aware that the Ministry of Defence has been judicially reviewed in the High Court. The claimant in that case, Ms Maya Evans, sought to end the practice of transferring detainees to the appropriate Afghan authorities. The Court’s judgment was handed down on Friday 25 June, and I am pleased to say that it found UK practices are lawful.

Our operations in Afghanistan are conducted to protect the national security of the United Kingdom and its people, at home and abroad. It is vital that we address transnational terrorism at its core if we are to safeguard the British people from its effects. In doing so, the ability of our forces to detain those who represent a threat to them, or to the Afghan population, is a vital tool if we are to learn about the insurgency, protect against the improvised explosive device threat, and finally ensure that those responsible are held properly to account. In seeking justice from those who attack, maim and kill our troops, coalition forces and Afghan civilians it is absolutely right that we do so through the Afghan judicial system.

There is no place for the abuse of detainees. We must always act in a manner that is consistent with our values. We took this case very seriously. The Ministry of Defence (MOD) and Foreign and Commonwealth Office (FCO) provided a vast range of material to assist the Court in what it described as a massive, costly and time-consuming disclosure exercise. I welcome the Court’s recognition of the efforts the MOD went to to provide the Court with a full and clear understanding of all the issues raised.

In its judgment, the Court acknowledged the body of material, produced by the international institutions, among others, which covered allegations of mistreatment within the general Afghan system. But it also recognised the specific safeguards and monitoring arrangements in place to provide reassurance about the treatment of transferees, safeguards which will be further reinforced in line with the Court’s recommendations. This led to the Court’s conclusion that the steps we have taken with the Afghan authorities are sufficient to provide reassurance about their treatment and that UK forces can therefore lawfully continue to transfer UK-captured insurgents to sovereign Afghan authorities.

The British Government, working with international partners under International Security Assistance Force, will also continue to support all efforts to improve further the Afghan judicial system and the rule of law.