Nazanin Zaghari-Ratcliffe

Lord Collins of Highbury Excerpts

Thursday 2nd December 2021 Lords Chamber

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[Lord Collins of Highbury]

That this House takes note of the detention of Nazanin Zaghari-Ratcliffe and the case for further action by Her Majesty’s Government to secure her release.

[Lord Collins of Highbury (Lab)]

My Lords, for five and a half years, Nazanin Zaghari-Ratcliffe has been held in Iran, often in isolation and separated from her baby daughter, robbing her of motherhood and Gabriella of her childhood. Like many noble Lords, I visited Richard Ratcliffe, her husband, outside the Foreign, Commonwealth & Development Office during his recent hunger strike. No one can fail to admire his determination and incredible resolve in his campaign to seek the release of his wife.

Just a couple of weeks ago, I had the opportunity to be at the Magnitsky awards in Westminster Central Hall when I saw that same resolve in a young person. All those present witnessed the deeply moving part of the ceremony when Nazanin’s daughter Gabriella accepted the award for Courage Under Fire on behalf of her mother. Gabriella was just 22 months old when her mother, a project co-ordinator for the Thomson Reuters Foundation was arrested in April 2016 at Tehran Airport, just as they were travelling back to the UK. Iran claimed that she was a spy and, in September 2016, she was sentenced to five years’ imprisonment.

In March 2019, the then Foreign Secretary, Jeremy Hunt, announced that the UK Government were giving Nazanin diplomatic protection. At the time, the Government said that this

“represents formal recognition by the British Government that her treatment fails to meet Iran’s obligations under international law and elevates it to a formal State to State issue.”

Nazanin is the first British national to be granted diplomatic protection since 1951, so can the Minister tell us how the Government have treated her case differently from other consular cases? Under Theresa May’s premiership, at least six trips were undertaken by five different Ministers to solve Nazanin’s case. Why has no Minister been sent to Iran for this purpose under Boris Johnson’s premiership, despite the assertion of diplomatic protection? Nazanin’s status of diplomatic protection means that her ongoing torture is an injury to the United Kingdom itself. What are the Government doing to exercise diplomatic protection for Nazanin and to challenge the fact that she has been tortured?

On 17 March 2020, Nazanin was released from prison under house arrest and allowed to stay at her parents’ home in Tehran. This was partly because of coronavirus. The conditions of her house arrest included wearing an ankle tag and remaining within 300 metres of her parents’ home. In September 2020, it was announced that Nazanin was facing a new charge. A new trial commenced in November 2020, but it was adjourned. Nazanin’s original sentence ended in March 2021. She had her ankle tag removed. However, a week later, she had to attend court for a hearing on a new charge against her, relating to her attendance at a demonstration outside the Iranian embassy in London 12 years ago. She was sentenced to a further year in prison, to be followed by a one-year travel ban. In October 2021, she lost her appeal against this sentence. She now faces the prospect of being returned to prison at any time and of not seeing her husband and daughter until 2023.

It is now well over 2,000 days since Nazanin was first detained. This is an unimaginable ordeal for her and her family. Recent talks between the Government and the Iranian Deputy Foreign Minister did not result in any progress. Nor has there been progress in the cases of other British nationals, including Anoosheh Ashoori and Morad Tahbaz. Both men are not in good health. Like Nazanin, they are being arbitrarily detained on spurious, fabricated charges. Anoosheh Ashoori has not been allowed out of prison. His family applied for diplomatic protection for him in April 2021. What consideration has been given to this request? What was the outcome? Morad Tahbaz was one of eight conservationists held by the Iranian authorities. Amnesty International has said that there was evidence that those eight had been tortured to obtain false confessions.

During the last debate on the detention of British nationals, noble Lords across the House raised the debt of £400 million which Britain owes Iran. The money was paid by Iran to the United Kingdom more than 40 years ago for 1,500 Chieftain tanks, which were never delivered. The Government have said that bank transfer transactions are not possible because of restrictions but, as we all know, if the Government had the will to settle the debt, one way or another, the payment would be made.

No one is suggesting that our Government should pay any sort of ransom. If the money is owed—and there is no question but that that is the case—the debt should be settled. When the Prime Minister was Foreign Secretary, he made a promise to Richard Ratcliffe that the debt would be paid. Significantly, in 2014, the current Defence Secretary described the unpaid debt as “a sorry story”. He said that the whole issue had been,

“marred by double dealing and obfuscation.”—[Official Report, Commons, 11/3/14; col. 103WH.]

More recently, a number of distinguished former Foreign Secretaries—Conservative and Labour—have said that the debt should be paid. That is also the view of many international and legal commentators and it is the view of the Opposition as well. Jeremy Hunt, a former Foreign Secretary, said that it was not about paying a ransom; it was about the UK’s credibility and doing what is right.

In our last debate on this subject on 15 November 2021, the noble Lord, Lord Goldsmith, insisted that

“it is not helpful in any way to connect wider bilateral issues with those arbitrarily detained in Iran.”—[Official Report, 15/11/21; col. 16.]

Does the Minister acknowledge that Nazanin and her family have been told on numerous occasions that payment of the £400 million IMS debt is key to her release? I hope he will respond to this.

On numerous occasions, we have been told by the Government, including the Minister, that they are doing their best, but, for more than five years, British Governments have tried and failed to secure the release of Nazanin and the other British nationals. If there was a government strategy during this time, it has clearly failed. Richard Ratcliffe puts it in a slightly different way, describing the Government’s policy as a “policy of waiting”. Now is surely the time to be vigorous and determined. Nazanin, Anoosheh Ashoori, Morad Tahbaz and all the British nationals—that is what they are—need to be brought back home. The time for discreet pressure and cautious words is long past.

I suspect that the question that is in the minds of most noble Lords today is: how is it that, in recent years, countries such as the United States, Australia, France and Germany have all successfully negotiated the release of their citizens arbitrarily detained in Iran? Perhaps the noble Lord can tell us what those countries have been doing right and what we have been doing wrong. All noble Lords want to hear from the Minister today that the Government have a strategy and a plan of action for bringing our people home.

I conclude with questions on what actions might be part of that plan. How will the Government use the political will behind the Canada-led Declaration Against Arbitrary Detention in State-to-State Relations, which they joined in February this year, to challenge Iran’s systematic hostage-taking? Will the Government acknowledge that Nazanin and other British nationals arbitrarily detained in Iran, including Anoosheh Ashoori, are hostages in accordance with the Taking of Hostages Act 1982? Will the Government commit to finding international solutions to Iran’s systematic hostage-taking at the upcoming democracy summit, initiated by President Biden, on 9 and 10 December?

The Free Nazanin campaign submitted an evidence file identifying 10 perpetrators of Iran’s hostage-taking, requesting that they be subjected to asset freezes and travel bans, using the Magnitsky sanctions. I know how the Minister will reply: he will resist any questions on planned designations. But I hope today he will confirm that Magnitsky sanctions will form part of the plan of action.

I look forward to hearing not only the Minister’s response but the contributions of all noble Lords across the House this afternoon. In particular, I welcome the maiden speech of the right reverend Prelate the Bishop of Chelmsford, and I look forward to hearing her contribution. I beg to move.

--- Later in debate ---

[Lord Collins of Highbury (Lab)]

My Lords, I thank all noble Lords for their contributions this afternoon. This has been an excellent and incredibly moving debate. I add my appreciation for the excellent maiden speech by the right reverend Prelate.

I do not dispute for one moment the effort that the Minister and other government Ministers have put into the campaign of pressure that he referred to but, as the noble Lord, Lord Purvis, said, we have had five Foreign Secretaries, each pursuing a new initiative, including diplomatic status. The fundamental question which, sadly, the Minister failed to answer is: why has this country failed when others have succeeded? I hope that when he goes back to the department, that will be uppermost in his mind.

Of course, one other point in relation to the five Foreign Secretaries is that there has been a continuity Minister, who is, of course, the noble Lord himself. He has successfully been a Minister of State in the Foreign Office under all those Foreign Secretaries, so I hope he can provide that continuity message to his superiors about the need not only to continue with the campaign of pressure but to understand better what is needed to resolve this issue—the plan of action that is so desperately needed.

The Minister said that it is in Iran’s gift to release the British nationals, including Nazanin, and he is absolutely right. He said that it is in Iran’s gift to do the right thing and that it is their moral obligation. Here, I come back to the right reverend Prelate the Bishop of Chelmsford. In her maiden speech, she said that it is about upholding international law, setting an example of integrity and doing the right thing. I hope the Minister will take that message back clearly in terms of the debt that is recognised as owed by this country to Iran.

This has been an excellent debate. I am not going delay the House any more. I just hope those messages get through.

Motion agreed.