Suspicious Deaths Abroad

Royston Smith Excerpts

Wednesday 28th February 2018 Commons Chamber

[Hannah Bardell]

I thank the hon. Gentleman for his intervention. As someone who worked in a foreign consulate—for the American State Department in its consulate in Edinburgh—I know first-hand how difficult the job of consular staff is. I have sat in on calls with senior officers when they had to break the news of the death of a loved one. However, it is my belief, having spent a lot of time with both Kirsty’s and Julie’s families, that much, much more can be done by the Foreign and Commonwealth Office to resource and support its staff to help families such as Julie’s and Kirsty’s when their loved ones die abroad in suspicious circumstances.

Julie was 38. She was learning Hebrew to get citizenship in Israel because her dad was Jewish. She went to Israel to live and work and immerse herself in the local culture. Her aunt Deborah, who is my constituent, talked of how Julie loved the heat, loved to sing karaoke, and was really fun-loving. On 26 November 2015, Julie was badly beaten by her ex-boyfriend. The police were called and attended, but she was never offered medical treatment or admitted to hospital. The following day, 27 November, Julie was found dead in her hostel room in Eilat, Israel.

Following Julie’s death, and largely because of erroneous and inaccurate claims made by the authorities in Israel, her family took the hugely brave step of releasing photographs of Julie’s badly beaten and bruised body. Those images are deeply distressing, but the family felt they had no choice, because the autopsy report, which the family believe is deeply flawed, claimed that Julie had died of natural causes. The bruising and damage to Julie’s beautiful face, in my view, tells a very different story.

[Royston Smith (Southampton, Itchen) (Con)]

Will the hon. Lady give way?

[Hannah Bardell]

If the hon. Gentleman will let me make some more progress, I will then take interventions.

Julie is survived by her parents and her aunt Deborah, who is one of the most determined, fearless and inspiring women I have ever met. In her own words,

“My family will continue to fight for justice for Julie. We’d hate for any other family to go through what we have. The FCO promised in 2014 there would be processes in place for suspicious deaths abroad yet our family had to fight every step of the way for help and advice, even after requesting freedom of information. Instead of the promised 20 day response, I had to pursue every 21 days and eventually received it after 5 months. I ask the Foreign Office when will they listen to what families need? Why did it take so long for basic information to be relayed to me? Why are families still being let down with lack of help and support?”

Just over a year later, I find myself dealing with another tragic case, that of Kirsty Maxwell. Kirsty was 27 years old, newly married to husband Adam, and was on holiday in Benidorm, Spain, with friends. On 29 April 2017, Kirsty fell to her death from a balcony on the 10th floor of a block of apartments where she had been staying. The family are still struggling to get full details, largely because the Spanish police failed to interview key witnesses and initiate major crime scene protocols and procedures.

We know that the room she fell from was not her own. However, due to the apparent flawed investigation, the reason she was in that room is not known. The room she entered was occupied by a group of English men who were high on drugs and alcohol, and the circumstances that ensued may have been fuelled by the men’s use of drugs and a case of mistaken identity by the men in the room. The Spanish police report, Spanish media reporting and some crime scene examinations indicated that Kirsty tried to escape, possibly in fear of her life.

Adam sent me a poem that he read out at Kirsty’s funeral. I will not read it here, but it gives the view of a warm, funny, loving young woman who had just been promoted at work and loved her family, her husband and her pug dog with all her heart. I have spent quite a significant amount of time with Kirsty’s husband Adam and her parents, Brian and Denise. They too are some of the bravest folk I have had the privilege of meeting, and they have worked tirelessly to get answers, along with the independent reviewer, David Swindle. It is impossible to put into words the depths of their devastation and sorrow, but they provided me with the following words:

“Mentally, emotionally and physically this has been extremely tough and still with no real end in sight. When Kirsty was brutally taken from us they also took a part of us all, something we will never regain. Kirsty was visiting an EU country as a British citizen, she lived by the ‘rules’ set out in today’s society. She worked every day, paid her taxes and never called on the system for any assistance. Now we plead for that assistance, plead for justice to be sought, plead for her country not to desert her and her family in their hour of need. She needs this help more than ever, needs much more than lip service to be done, needs more support for Scottish and UK families who lose a loved one abroad in suspicious circumstances. Those past 10 months as a family we have felt lost, confused and abandoned. Lost at the lack of direction and compassion we were shown from authorities. Confused at the revolving door of dysfunctional protocol and procedures which are not in place, displaced and misunderstood. Abandoned by legal systems not understood, not relevant and not fit for the purpose of protecting victims of suspicious deaths and murders abroad. This and trying to grieve while fighting a case through the Spanish courts with no assistance financially, legally or morally from either the UK or Spain. We hope this cross party of MPs”—

a group that I hope to set up in the very near future—

“can get together to produce a procedure that can offer their constituents assistance, support and a means of gaining justice for any suspicious death of a loved one abroad.”

[Royston Smith]

I am very grateful to the hon. Lady for giving way. I apologise for interrupting her when she was making such a powerful and emotional speech. It was at a point that reminded me of my constituent, Mrs Brenda White, who, tragically, lost her son Michael in Thailand. She was told that it was suicide, but she simply did not believe that, and much of the evidence did not support that. I agree with the hon. Lady that, although the Foreign Office does a great job under some very trying circumstances, she, myself and others are giving examples of where the Foreign Office has fallen short for our constituents who feel they should have had much more support when their loved ones were so tragically taken from them.

[Hannah Bardell]

I thank the hon. Gentleman for his intervention, and my thoughts and prayers are with his constituents.

--- Later in debate ---

[Harriett Baldwin]

It is hard to make generalised statements when talking about specific cases, but, by way of a generalised statement, I am saying that it will always require a request from the local team. We will sometimes work through Interpol and others, but, given that the variety of cases is so broad, I can only make the generalised point that a request has to come from the local teams.

On the specific cases the hon. Lady raised, I commend Kirsty’s husband, Adam—they had been married only seven months when she died—and her for their continued efforts to find answers about the circumstances of her death. Throughout this time, consular officials in Spain and London have continued to provide support to the family. She rightly raised the phone call that Kirsty’s husband received from Spanish police, and we have gone back and made very clear the process we would prefer they followed. We have spoken to the Benidorm police to ensure that it is local police who break the news to families back here in the UK.

I understand, however, that the families still have concerns about how the Spanish authorities have handled the case, especially what steps the police took to compile the evidence they presented to the courts. I hope that they can resolve those concerns with the help of their Spanish lawyer, who is best placed to advise them on local law. As I said earlier, we cannot intervene in another country’s legal affairs. My right hon. Friend the Minister for Europe and the Americas discussed this case with the hon. Lady back in November, and I know that he is always willing to discuss consular cases on his patch with Members, as am I. Since that meeting, we have continued to raise our concerns about the case with the Spanish authorities, and our consulate in Alicante remains in contact with the family’s lawyer. We stand ready to make further representations if they do not receive a satisfactory response from the authorities.

As I said earlier, the police cannot become get involved in cases outside their jurisdiction unless they are invited to do so. I am pleased to hear that Kirsty’s family have received additional support from a homicide consultancy, which has helped to review her case.

[Royston Smith]

The Minister said that we could intervene only if we were invited to do so. What if we are never invited to do so? My constituent, whose son died in suspicious circumstances, went to the Thai police, who said that they had misled the results of the autopsy. How would the Foreign Office or our authorities involve themselves in that case? The Thai police are almost certainly never going to invite them to become involved.

[Harriett Baldwin]

I do not want to single out any particular countries, but as my hon. Friend will know—the hon. Member for Livingston made this point—legal processes around the world may not necessarily meet the standards to which we are used in this country.

Let me now turn, in the few minutes that are left, to the equally sad case of Julie Pearson. Following her death, consular staff provided assistance to her family and liaised with the Israeli authorities about the investigation. The authorities have now concluded their review of the case and have decided not to take further action because they could not find a sufficient connection between criminal activity and Ms Pearson’s death. I am aware that Ms Pearson’s family have expressed dissatisfaction with the Israeli authorities’ handling of the investigation, and I fully understand their deep frustration at the outcome of the review. As I said earlier, we cannot interfere in the legal processes of another country, but we will continue to work with the Israeli authorities to ensure that due processes are followed in relation to any appeal against the closure of Ms Pearson’s case.

Oral Answers to Questions

Royston Smith Excerpts

Tuesday 20th February 2018 Commons Chamber

[Sir Alan Duncan]

I commend the hon. Gentleman for the manner in which he is defending the interests of his constituent. I am acutely aware of this case. Adrian was murdered in Trinidad. We cannot interfere in the judicial process, but we are extending every possible support. I advise the House that we understand that a preliminary trial to determine whether there is sufficient evidence to charge the accused with murder will be held on 8 March. I hope that this will mark some progress towards what the hon. Gentleman is seeking.

[Royston Smith (Southampton, Itchen) (Con)]

Millions of people are celebrating the seventh anniversary of the start of the Libyan uprising and the ousting of Colonel Gaddafi. Fayez al-Sarraj has been the Prime Minister of Libya for nearly two years and progress has been painfully slow. Will the Secretary of State update the House on what his Department is doing to help the Government of National Accord to bring about a prosperous and—more importantly—peaceful Libya?

[Boris Johnson]

I am grateful to my hon. Friend for his interest in a country that is still bedevilled by factional feuding between a very small number of men—a maximum of about half a dozen—who have it in their power to come together and build a better future for Libya. We are trying to back the efforts of UN Special Representative Ghassan Salamé to bring the eastern and western parts of Libya together, with a plan for the whole country—a new constitution, to be followed by elections. That is what we are working for.

Enslavement of Black Africans (Libya)

Royston Smith Excerpts

Monday 18th December 2017 Westminster Hall

[Paul Scully]

I understand my hon. Friend’s expertise and knowledge of the area and totally agree with him. There is a real risk. We can tackle the atrocities of the slave trade in Libya, and Libya’s power vacuum, but ultimately the biggest threat to that part of the world and many others is migration—and not necessarily just migration through conflict. Economic reasons, climate reasons and any number of other reasons are moving such a mass of people, which causes other situations.

[Royston Smith (Southampton, Itchen) (Con)]

On the power vacuum in Libya, the UK Government continue to support the Government of national accord, yet we hear that these things are becoming very much worse. Would it not be right for the UK to consider whether the Government of national accord are perhaps not the answer?

[Paul Scully]

I am grateful for the intervention. I will be interested to hear from the Minister on we can do to work towards democratic elections, and to create a mainstream Government in Libya, which clearly has not had one for many years. It is only by having a mainstream, democratically elected Government that we will be able to have a long-term view, whichever party makes up that Government. It will not necessarily be for us to pick a horse, run the country or tell it what to do, but we can help support it. We can work with the African Union and a local offering to help Libya create its own destiny and future, which hopefully will be much safer and a lot more secure.

Let me get back to SC. He was bought, and then brought to his first prison. The IOM said it was

“a private home where more than 100 migrants were held as hostages. He said the kidnappers made the migrants call their families back home, and often suffered beatings while on the phone so that their family members could hear them being tortured. In order to be released from this first house, SC was asked to pay…about $480…which he couldn’t raise. He was then ‘bought’ by another Libyan, who brought him to a bigger house—where a new price was set for his release…about $970…to be paid via Western Union or MoneyGram to someone called ‘Alhadji Balde’, said to be in Ghana.

SC managed to get some money from his family via mobile phone and then agreed to work as an interpreter for the kidnappers, to avoid further beatings. He described dreadful sanitary conditions, and food offered only once per day. Some migrants who couldn’t pay were reportedly killed, or left to starve to death.

SC told IOM that when somebody died or was released, kidnappers returned to the market to ‘buy’ more migrants to replace them. Women, too, were ‘bought’ by private individuals—Libyans, according to this witness—and brought to homes where they were forced to be sex slaves.”

It was Nima Elbagir and CNN’s groundbreaking report, and those pictures, that really brought the situation home to so many people in the west. CNN heard from its contact that two auctions were going on at the same time. Some people in the Libyan Government would say that those things happen only sporadically, but on this occasion there were two at the same time, and the one that was filmed was an overflow auction, because there were so many people to be sold. There was also a big buyer in town wanting to buy people—that is what I said: “buy people”—as commodities or merchandise, to work on farms. It is atrocious, and while I am speaking I am reflecting on the words I use. That episode brought the matter home. Officers from the International Organisation for Migration said:

“What we know is that migrants who fall into the hands of smugglers face systematic malnutrition, sexual abuse and even murder. Last year we learned 14 migrants died in a single month in one of those locations, just from disease and malnutrition. We are hearing about mass graves in the desert.”

The total population of migrants in Libya, based on estimates provided by embassies, is about 750,000, mainly coming from Egypt, Niger, Sudan, Nigeria, Bangladesh, Syria and Mali. Previously, under the Gaddafi regime, there were about 1.1 million; I think that that was the estimate. They were predominantly there as cheap labour. Of the 750,000 who are there now, about 450,000 at least do not see Libya as their final destination. They see it as being on a migration route to Europe and beyond. Those are the people in connection houses, who have been trafficked. They are the people who are beaten and whipped with wires—hundreds of thousands of people. They experience extreme insecurity in Libya, including arbitrary arrest by non-state actors, detention for indefinite periods of time, bonded labour, harassment and general exploitation.

There were other pictures on CNN of not the auction but the detention centres. That aspect of the matter is of huge concern, and I want to ask the Minister for his views. The people held there share small mattresses, and are effectively in a cage. That brings me back to what I said when I began my speech: they are treated worse than animals. How can we have reached a situation where that is anywhere close to the case?

The 450,000 people who come through Libya, seeing it as part of their migration route, go to the north coast, to a crossing point, pay another trafficker to get them into a boat, and go predominantly to Italy—to Lampedusa, a small island that simply cannot cope. I went, as a member of the Council of Europe, to Lesbos, to see some of the hotspots there where the Syrian refugees come from. There were a number of north Africans there and some were protesting and throwing things at the bus I was on, wondering why the Syrians were getting preferential treatment. Having seen what they go through to get there, it is possible to understand their concern.

We need to look at how the Italy-Libya deal is framed. I understand that it is a bilateral arrangement supported by the EU, but that it is being contested in the Libyan courts by human rights organisations based in Libya. I want to ask the Minister how robust the memorandum of understanding between the countries is, when there are reports of Libyan coastguards taking bribes to release migrants to traffickers. A second question leads on from that. The Department for International Development is doing fantastic work, as it tends to do. It is a world leader in the aid and support it gives. However, it is supporting more than 20,000 emergency interventions, involving healthcare, psycho-social support, hygiene kits and safe shelter. Can we be sure that we have robust accountability, to ensure that any support we give is not being fed into and supporting the cycle of trafficking, and that it is focused absolutely on the things I have specified?

It is good to hear that the IOM has managed to up its repatriation flights. The target originally was for 1,000 people a month to be taken back to their place of origin; that has gone up, and it is expected that 15,000 people will be repatriated to their original country this month alone. That is a good sign of the direction in which things are going.

I wonder whether DFID can get involved, either directly or through leverage of support from elsewhere, in trying to get accurate numbers. Together with the power vacuum, a problem that hampers what is being done is the fact that no one really knows the extent of the problem. There is work using various methodologies, but there is more to be done to get accuracy. Can we, for example, build up a phone network so that families from around the relevant part of sub-Saharan Africa can report in and talk about their loved ones—where they are, what has happened, the last time they saw them, and so on—so that we can begin to get more accurate figures?

Of course the UK Government will have a competing agenda. We want accountability, clearly, but as my hon. Friend the Member for Southampton, Itchen (Royston Smith) says, there is a need for stability and preparation for elections; we need to give support on the route towards elections, to get rid of the power vacuum. It is only a question of enforcement—everyone knows that slavery is illegal already, and there is nothing to be done to change the rule, but someone is needed on the ground to arrest the people in question and hold them to account, bringing them to court and applying the full force of the law to them. If, for any number of reasons, there is no one on the ground to do that at the moment, it will not happen.

[Royston Smith]

Slavery these days is completely different from the way people would have imagined it some years ago. Many of the people who are trafficked get themselves to the traffickers to get somewhere else. Should we be looking at the possibility of DFID or others educating people in their country, village or town of origin, so that they do not embark on the journey in the first place? Does my hon. Friend agree that that would be helpful?

[Paul Scully]

I absolutely agree, because it is a matter of pull factors, and stopping people having to make the choice to migrate over such a treacherous route. They have so far to go: there are human traffickers; people may just be ditched at the side of the road as I have described, or sold out of a bus in the back of a car park, and then sold on again and beaten with wires; they may then be on the Mediterranean on a boat—and the technique used with those small boats is that as soon as a navy cutter comes to the rescue, they are deliberately capsized to tip the people in the water. The rescuers have to pluck them out of the water; they cannot just pull the boat somewhere. To return to the Greek example, while I was there I met a Yazidi Christian—someone on a different migrant route—with a 10-day-old child. They had gone through that whole process. How the child, who by then was aged three months, was still alive, I shall never know. Those are the most treacherous circumstances, so anything that can be done to stop the migration in the first place must be the only course of action.