Human Rights in Saudi Arabia

Alistair Carmichael Excerpts
Thursday 18th July 2019

(5 years, 5 months ago)

Westminster Hall
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On resuming—
Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I beg to move,

That this House has considered human rights in Saudi Arabia and the detention of opponents of the regime.

It is a pleasure to serve under your chairmanship, Mr Evans. I am grateful to the Backbench Business Committee for giving us time in Parliament to debate our relations with one of the most important operators in one of the most important regions in the world. Saudi Arabia is a dominant force in the Gulf—an area of significant importance to this country—a significant trading partner, and a significant partner in security and intelligence matters.

I am not naive about how we should approach these matters; I am aware of how politics in the Gulf works. I chair the all-party British-Qatar group, and last year I was a guest of the Kuwaiti Government in that country. Those matters are fully disclosed in my entry in the Register of Members’ Financial Interests. It is right that we recognise, applaud and encourage progress on standards of governance and human rights. I approach human rights in that region in a spirit of humility. I am aware that many of the things for which we criticise Gulf regimes were part of our society and law just a few decades ago, or are even part of it today. On workers’ rights and standards, for example, let us not forget that for all the legislative and regulatory standards that we have in this country, not long ago several dozen cockle pickers perished in Morecambe bay as a result of the fact that they had been engaged illicitly.

Even with all those caveats, when I look at Saudi Arabia today I see a bad human rights situation, and I regret to say that it is getting worse. This is an area where the United Kingdom Government, as a partner of the Saudi Arabian Government in commercial and security and intelligence matters, can do more. They should be looking at some of their current actions.

I will focus on people being held as political detainees following the mass arrests on 4 November 2017, others who remain in detention subject to capital punishment, and our assistance to and engagement with Saudi Arabia. It is well known that on 4 November 2017, Crown Prince Mohammad bin Salman arrested several hundred of his political opponents, as he probably saw them. It was a mass arrest, and those arrested and detained were rounded up and taken to the Ritz-Carlton Hotel. I have to say that of all the accommodation that could be afforded to those who get on the wrong side of the regimes under which they live, the Ritz-Carlton Hotel in Riyadh is probably not the worst. None the less, it remains a serious matter, not least because it highlights one of my main concerns: the lack of proper regard for the basic norms of international and domestic law. As a consequence of that arrest programme, there was a process of forced transfer of assets totalling approximately $100 billion, we believe. Many of those held have been tortured, and there have been fatalities. We understand that approximately 200 detainees remain in custody as a consequence of the Crown Prince’s move.

Those who remain in detention without clear legal status include Prince Turki bin Abdullah, the former governor of Riyadh and son of the late King Abdullah. He is obviously seen as a key political rival of the current Crown Prince. He remains in detention without charge. His associate, Faisal al-Jarba, is also in detention without charge. The Washington Post reported in June that Jordanian authorities detained him in Oman, where he had fled to seek safety; they eventually drove him to the Saudi border and handed him over to the Saudi authorities. Prince Salman bin Abdulaziz bin Salman and his father, Prince Abdulaziz bin Salman bin Mohammad—both businessmen—have remained in detention since January 2018 without charge or trial. Their arrest was believed to be in retaliation for their representations and advocacy on behalf of detained family members. Beyond that there is no clear basis for their continuing detention. The Government have not frozen any of their assets or asked for financial settlements.

My requests of the Government and the Foreign Office are fourfold. We should ask, first, for proof of life of those who were detained. On 12 March 2018, the New York Times report said that Ritz-Carlton detainees required hospitalisation for physical abuse. Major General Ali al-Qahtani, an aide to Prince Turki, later died in custody. Reports suggest that his

“neck was twisted unnaturally as though it had been broken”

and his body had burn marks that appeared to be the result of electric shocks. To this day, Saudi Arabia has not offered any official explanation of how al-Qahtani died, although it is interesting to note that on 7 November the President of the United States tweeted:

“I have great confidence in King Salman and the Crown Prince of Saudi Arabia, they know exactly what they are doing....”.

Sometimes, when he takes to Twitter, the President manages to say so much more than I suspect he intended.

Secondly, we should ask for clarification from the Saudi authorities about the specific charges on which those who remain in detention are being held. That is a basic norm of international law: a person should know the basis on which they are being held and the charges should be for recognisable crimes. As an absolute minimum, they should be given the specific grounds for their arrest and be able to contest their detention fairly and promptly before an independent and impartial judge, with appropriate legal representation, and there should be periodic reviews of their case. Those who are detained in the Ritz-Carlton and elsewhere in Saudi Arabia receive none of that most basic legal entitlement.

Thirdly, we should ask that people who are not charged with a crime be released. Again, that is a basic principle of international human rights law. In its general comment on article 7 of the international covenant on civil and political rights, the United Nations Human Rights Committee stated that

“provisions should be made for detainees to be held in places officially recognized as places of detention”—

presumably not normally including five-star hotels—

“and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends.”

Fourthly and finally, we should ask the Saudi Arabian Government for the release of frozen assets that are currently held illegally. If the assets have been frozen without any proper legal basis, surely we should be saying that they should be returned, unless formal charges can be brought. These are not extravagant requests, and they are the very least that we should be taking to the Saudi Government if the relationship we have is meaningful and not one-sided.

As the House is aware, on 23 April this year there was a programme of 37 executions, including, we understand, one by crucifixion, following two mass trials: the Qatif 24 case and the Iran spy case. This matter was ventilated fully as a result of Mr Speaker granting an urgent question, so I will not rehearse the detail at this time, but there is one aspect I want to remind the House about: three of the detainees who were executed were children at the time of their detention and charge. Capital punishment for children is absolutely forbidden under international law.

That remains relevant today, because, according to Reprieve, there are currently at least three detainees in Saudi Arabia who are subject to conviction awaiting execution. Ali al-Nimr, Abdullah al-Zaher and Dawoud al-Marhoon were all arrested in 2012 following anti-regime demonstrations held in the Qatif region of Saudi Arabia’s eastern province. All were under 18 at the time of the alleged offences. In international law that makes them children and makes their execution illegal. All were tortured extensively while they were detained and forced to sign false confessions to serious crimes, punishable by death, on which the trial courts later relied to convict them.

The three men were not informed of their charges or presented with an arrest warrant. All were held in solitary confinement for long periods, during which time they were given no access to legal representation. Their families did not know where they were and they could not contact them. All were tried at the specialised criminal court, which has been widely criticised for failing to meet the basic standards of a fair trial and for its use as a tool of political repression. Despite widespread international condemnation, the Saudi authorities have never investigated the serious allegations of torture. Having exhausted all domestic legal remedies, the three now await execution, unless they can receive pardons from King Salman.

The United Kingdom has a long-standing and distinguished policy of opposing the use of the death penalty in all circumstances. Surely, if that policy remains meaningful, it demands that representations of the strongest and most public sort be made to the Saudi Arabian Government on behalf of these three young men. That is a common theme in all the representations I have received from organisations that provided briefings for today’s debate. Yes, the Government will say the right things in this country, but they say them privately and they do not say them loudly and publicly enough when it comes to their dealings with the Saudi Government. In relation to the Khashoggi killing, we have seen that the Saudi Arabian Government will take heed and will respond to international pressure and criticism. Surely we should not be leaving it until the executions have happened to criticise them. We should be doing that while there is still a prospect of bringing these three young men relief and mercy.

That raises the question why all this should matter to us in the United Kingdom. We know there are many regimes across the world that are similarly despotic and, in some cases—although probably not many—even worse in their human rights abuse and their use of capital punishment than Saudi Arabia. I do not want this debate to be an exercise in hand-wringing on the international stage and saying, “Isn’t this dreadful.” It has to be an open and honest examination of how we see these issues and what we, as a commercial and security intelligence partner of Saudi Arabia, are prepared to do to help to effect meaningful change.

The Government are often criticised for not being active enough. I have heard other concerns and received from Reprieve a compelling briefing, which argues that the problem is not just that we are not saying enough, but that sometimes what we do aids and abets the conduct I have described. Reprieve has brought it to my attention that the UK College of Policing has provided forensics training to the Saudi Ministry of the Interior since 2009; I have commented publicly in the House about this before. In 2016, Reprieve obtained documents from a proposal by the College of Policing to extend its training of Saudi police to areas including cyber-security, mobile phone analysis and IT digital forensics, including data decryption and the retrieval of deleted files. These documents show that the college accepted that there was a risk that

“the skills being trained are used to identify individuals who later go on to be tortured or subjected to other human rights abuses.”

They decided that these risks could be “mitigated” by the college, in conjunction with the Foreign and Commonwealth Office, preparing a press statement emphasising that the forensics training is part of a wider programme to assist the Saudi authorities move to democratic policing methods. That was a thin defence in 2016. Having seen the events in 2017 and the mass execution of 37 people earlier this year, I am afraid that that defence simply does not stand anymore. Will the Minister tell us what attitude the Government now take to the relationship between the UK College of Policing and Saudi Arabia?

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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Does my right hon. Friend agree that if we are going to assist the Saudis on technology in this way, at the very least our Government should in response press for the immediate release of all political prisoners and, pending that happening, seek proof of life of those who have been detained?

Alistair Carmichael Portrait Mr Carmichael
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I did not realise that my right hon. Friend was behind me, so I do not know whether he was in the Chamber when I made exactly that point about those who are detained in the Ritz-Carlton in Riyadh. Getting proof of life is crucial. That is something that we should not have to demand; it is something that should be provided routinely. If Saudi Arabia wishes to move among the developed nations of the world as an equal partner, that is something it should wish to take on board for itself.

An investigation by The Daily Telegraph this year revealed that hundreds of Saudi police officers were trained in Britain in 2018, despite the risk that the skills acquired here could be used by the regime to commit human rights abuses. With no transparency about the training taking place, it remains entirely unclear what safeguards have been placed on this assistance to ensure that it does not contribute to severe human rights abuses.

Furthermore, real questions hang over continued UK funding in Saudi Arabia through cross-departmental funds such as the integrated activity fund. The IAF is a cross-departmental fund earmarked exclusively for co-operation with Gulf states, including Saudi Arabia, on security and justice assistance. Under the auspices of the Foreign Office, the IAF is overseen by the Gulf national security secretariat implementation group, which consists of representatives from Departments responsible for delivering the Gulf strategy, including the FCO, the Home Office, the Department for International Development, the Department for International Trade, the Ministry of Defence, the Treasury and the Department for Business, Energy and Industrial Strategy.

We know, because the Foreign Office has confirmed it, that the IAF’s allocation is £80 million over the current spending review period. What we have not heard from the Government is any detail on how the programme uses its funds. I would like at least an explanation for that basic lack of transparency. For a fund that covers only six countries, unlike the 90 countries covered by the conflict, stability and security fund, for example, the Government refuse to provide any details of the breakdown of spending across the country or within the region, claiming that no breakdown is possible, since:

“Many of the projects and programme activity are delivered regionally”.

In any circumstance, that would be a pretty thin defence, but in the context of everything that we know and see to be going on in Saudi Arabia, if that is where the British taxpayers’ money is being spent, at the very least we should be given a proper explanation of the spending and not some obfuscation according to accounting practices.

The Government continue to refuse to provide any information to parliamentarians about the use of IAF funds in Saudi Arabia. That, of course, raises real questions about why the Government refuse to provide that information in this age. If there is to be a bid for the IAF to continue beyond 2020, which we understand is already under consideration, surely it is critical that Members of this House get answers on just what the funds are being used for and what safeguards exist to ensure that they will not lead to further and more egregious abuses of human rights.

I have three final questions for the Minister. First, will the Government confirm that the Foreign Office will make urgent representations to its Saudi counterparts to ensure that the three individuals currently on death row in Saudi Arabia will have their sentences commuted and receive a full pardon? Given the inadequacies of the process that has brought them to this point, if the Government are serious about a policy of opposing the death penalty in all circumstances, that is the very least we should do.

Secondly, will the Government commit to publishing information on all programmes currently engaging with Saudi Arabia, including the programme documentation and assessment frameworks, and assessments under the overseas security and justice assistance guidance? Thirdly, will the Government commit to providing full breakdowns of all projects funded under the integrated activity fund, including the countries and institutions receiving funds under that programme, and details of each project’s human rights assessment under the overseas security and justice assistance guidance?

It is all very well to stand here, in the comfort of the House of Commons, and criticise Saudi Arabia for its human rights, but I am pretty sure that, if we were to go out and ask anybody we stopped on the street here what they thought of the treatment of detainees and citizens in Saudi Arabia, they would be pretty appalled. I think they would actually be angry if they knew that money paid by taxpayers in this country was being used in such a way that it could contribute to and abet those human rights abuses, and that no explanation for that would be forthcoming. That is why I think it is important that the House debates this subject today. I am grateful to the Backbench Business Committee for allowing the time, and I hope that we will have time to hear the fullest possible answers from the Minister.

--- Later in debate ---
Crispin Blunt Portrait Crispin Blunt (Reigate) (Con)
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It is a pleasure to serve under your chairmanship, Sir Henry. I draw the House’s attention to my declaration in the register, not least because I chair a detention review panel examining the cases of Saudi activists for women’s rights. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this debate. Saudi Arabia is an important ally, so it is important that, where she falls short of the standards we expect from countries we strategically stand alongside, we hold her to account.

It is also important to put the question of how we advance and support human rights in Saudi Arabia into the wider strategic context. By most measurable economic and social indicators, the world is improving for the majority of its citizens. Global poverty and child mortality are down. Vaccinations, basic education and democracy are going up. Those are trends over the past couple of centuries. We live in a liberal-democratic-inspired, rules-based international world order, underpinned by NATO, the United States security umbrella and the United Nations, based on those structures established at the end of the second world war.

Overall, we expect those structures to advance human rights, but we now have to recognise that those structures are under immense strain. First, there was the missed opportunity of the fall of the Soviet Union, which has been replaced over the past 30 years by an increasingly like-for-like security structure in Putin’s Russia. Additionally, in the middle east we witnessed the failure of the Arab spring to advance the political and human rights of those on the wrong end of governance in the pre-2011 middle east, except perhaps in Tunisia and Morocco.

Strategically, the main challenge we face is the rise of China. If we fail to secure China’s place in the rules-based international order, it will be to our peril, and it will not only have implications for the nation states who immediately abut Chinese regional power in east Asia, but have a direct effect on basic questions of advancing human rights in countries such as Saudi Arabia. If our policy serves to drive our allies into the open arms of China and Russia to provide for their hard security, we will do nothing to advance and support human rights, collective political rights and government accountability in countries such as Saudi Arabia, the UAE and Bahrain, which have also been mentioned. It could seriously damage accountable progress.

This is a perilous time for human rights. This debate rightly highlights that Saudi Arabia is a human rights priority country for the Foreign and Commonwealth Office and has been for several years. Disengaging from its political development and security will only help more authoritarian countries, which place less value on the rule of law, to become the dominant paradigm in the world.

I profoundly disagree with the hon. Member for Hammersmith (Andy Slaughter). I believe the cancellation of the Just Solutions International contracts, which engaged in the Saudi justice system, particularly in the management of offenders, is profoundly to be regretted. I believe in the merits of interdependence. I believe that the police and justice training that we support should be delivered as far as possible. If we can do that, and sell to countries our experience—particularly the experience of the Ministry of Justice’s retired senior prison governors and probation officers—at economic advantage to the United Kingdom, so that they can improve their systems and import some of the human rights accountability, which we take for granted, it is likely to be of significant benefit overall, both financially for the United Kingdom and, more importantly, for the values we want to promote in those societies.

Alistair Carmichael Portrait Mr Carmichael
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I said in my speech that I am pragmatic about these things and where progress is seen, it should be applauded and rewarded. The difficulty is that where there is no accountability, it is difficult for us to know how effectively our money is being spent. Does the hon. Gentleman agree that the refusal to account for the money that is being spent, as I referred to in my speech, is not good enough for the taxpayers of this country?

Crispin Blunt Portrait Crispin Blunt
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I entirely agree with the right hon. Gentleman. It does not only apply in this area. When I chaired the Foreign Affairs Committee, I served on the Joint Committee on the National Security Strategy, which made a report about the inadequacy of accountability in the conflict, stability and security fund, for example, and the right hon. Gentleman mentioned the integrated activity fund. We ought to have accountability for public money; it is a basic requirement of our responsibility as we levy taxes on our constituents.

Having made the case for co-operation with Saudi Arabia, I recognise the flipside. As vice-chair of the all-party parliamentary group on Saudi Arabia, I feel particularly pained by the current situation. In my 22 years as a Member of this House, I have defended the Kingdom of Saudi Arabia’s important relationship with the United Kingdom. A few years ago, I had hoped that the Kingdom was taking a bold new step forward when Mohammed bin Salman—first as Deputy Crown Prince and then as Crown Prince—effectively assumed the majority of the Executive power in Saudi Arabia.

The moves of the Crown Prince towards economic reform, with Vision 2030, were accompanied by wider apparent social reform: the removal of arrest powers from the religious police, the formal preparation of legislation to ease male guardianship laws and granting women the right to drive. There is genuine potential for modernisation under that programme. However, if the price turns out to be the closure of any emerging political space, any overall societal gain will be heavily reduced, if not negatived altogether.

We must be beyond disappointed by the series of events over the past two years that have led to where we are today. There is a wretched contradiction between the recent societal liberalisation in Saudi Arabia and the detention of the people who campaigned for those changes. Saudi Arabia has been commended for allowing women the right to drive, for the opening of cinemas and other entertainment places and, as I said, for ending the religious police’s power of arrest. They were all immensely important to the freedom one has to conduct one’s life in Saudi Arabia, but if in parallel the activists who for years had advocated those changes are arrested, such incredible detention and this disastrous series of events must be challenged, not least by the friends of the Kingdom of Saudi Arabia who recognise the importance of that nation as a regional ally. Pushing for successful reform should not lead to prison. The Crown Prince would be well advised to recognise the truth of the aphorism used by President Ronald Reagan that there is no limit to what we can achieve if we do not mind who gets the credit.

This year, I have worked with the hon. Members for Stockton South (Dr Williams) and for Oxford West and Abingdon (Layla Moran) on a detention review panel for the female human rights activists in Saudi Arabia. I accepted the task because I believed that I would command the confidence both of Saudi Arabia and of its critics for fairness. I am trying to demonstrate in this speech that I hope to see both sides of the question. However, I was disappointed that the Saudi Government did not welcome independent oversight of the detainees’ conditions in detention when, by all measures, the Crown Prince ought to be proud of his fellow countrywomen for sharing his desire to advance reform in Saudi Arabia. I am sure the Saudi Government wish to resolve the issue. I can at least record my pleasure that, to date, the Saudi Arabian authorities appear, temporarily at least, to have released four out of the 11 women detained last year. Hopefully more will follow, as the Saudi Government must realise that the decisions leading to the activists’ detentions and the appalling circumstances and death of Jamal Khashoggi must be rectified to save the country from itself. If the lessons are to be learnt and we are to honour Jamal Khashoggi’s life’s work by ensuring a more open society in Saudi Arabia where criticism is seen as an asset to good policy making, and where there is a more open press to report criticism, it can come only if there is a change of approach from the very top. Such disasters must be used to learn lessons on the necessary limitations on Executive power.

The enrichment of Saudi Arabia has led to the education of its citizens, particularly women, which inevitably has led to and will lead to a desire for progressive change. Western nations, particularly the United Kingdom, have to stand by the current constitutional framework, which must find within it the capacity for progressive change in respect of the growing role and responsibility of Saudi citizens in their influence on policy. Of course, that means the United Kingdom faces a difficult situation.

We could choose to ostracise the kingdom, as implied by the policy proposals supported by the hon. Member for Hammersmith, with the cancellation of the Just Solutions contract. I ought to declare an interest as I was the junior Minister most enthusiastically in support of setting up Just Solutions in order to get its methodology away, so I treated the cancellation of that contract as disastrous and an immense personal disappointment. If we followed the prescription of the hon. Gentleman, we could turn the kingdom into a pariah and push it into the arms of Russia and/or China which, incidentally, are two other human rights priority countries for the United Kingdom. Populist diplomacy and noisy condemnation will always be heard, humiliating the key decision makers at the top. Cynically, if its target audience is just the domestic media and NGOs in the United Kingdom, in those terms it would be successful. But in terms of effecting support for human rights and advancing them in Saudi Arabia, and advancing and securing the position of Saudi Arabia within those nations committed to the current rules-based international order, I suspect the policy advocated by the hon. Gentleman might not be quite so successful.

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Andrew Murrison Portrait Dr Murrison
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The hon. Lady cited something from the United States that happened fairly recently, but I do not accept her position. I understand her concerns. She did not cite the recent Court of Appeal case, but we could discuss that in relation to some of the businesses that I think are in her mind. The fact of the matter is, as the 2017 judgment made clear, that the people exercising these judgments are full of anxiety and anguish—those words are used in that judgment. On my part, as well as that of my predecessors and my officials and advisers, I have to say how much I resent the implication that those decisions are made lightly. We are human beings, and sometimes we will get decisions wrong, but the consolidated criteria on which we and our allies depend are rigorous and robust, and even the appellate court was good enough to acknowledge that.

I remain convinced that the standards we apply in this country are among the best in the world and are a beacon for others to follow. That does not detract in any way from the fact that, in a complex situation where our intelligence is—from time to time, if not most of the time—inevitably partial, we can get things wrong. That is inevitable, but we have to weigh things up.

Returning to the points I made earlier, it is my view that our engagement with Saudi Arabia is, in general, positive. It is more likely to engage Saudi Arabia and procure what we would see as good behaviour on its part than the alternative, which is disengagement. I will come on to some further points on defence and security, but ultimately as politicians we have to decide which we choose. I am pleased that the United Kingdom has historically been and remains in the company of those who choose engagement and influence rather than distance.

I am concerned, as my right hon. Friend the Member for New Forest East and my hon. and gallant Friend the Member for Reigate clearly are, that if we changed tack and policy direction, we would isolate the regime in Riyadh. The consequences are very difficult to predict. It is an extraordinarily dangerous region. A change in direction could pose a real and present threat to this country and the people the hon. Member for Hornsey and Wood Green (Catherine West) and I represent. I would tread warily before dramatically changing Government policy in the way that I think she would tempt us to do, along with the hon. Member for Hammersmith (Andy Slaughter) and, I suspect, the hon. and learned Member for Edinburgh South West (Joanna Cherry). I disagree with that point. There is a choice to be made; it is a fairly clearcut difference of approach. I respect those who take a different view, but there it is.

Alistair Carmichael Portrait Mr Carmichael
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The debate is now essentially not about whether we intervene, but about how we intervene and with what force. The asks I made of the Minister in relation to those who were detained in November 2017 were four very basic, modest asks: the right for someone to be told what they are charged with; their right to be released if they are not charged; their right to have their assets given back if there is no legal basis for taking them; and, most fundamentally, the request for proof of life. Surely those requests are at one end of the spectrum, and the Government should have no difficulty in making them forcibly and publicly.

Andrew Murrison Portrait Dr Murrison
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I am grateful to the right hon. Gentleman because he brings me on to my next remarks. I will try hard not to be diverted by some of the broader issues in addressing what I think are the guts of his thesis, which relate to those who have been detained, imprisoned and misused.

Of course, the big headline figure in all this is Jamal Khashoggi, whose brutal murder and dismemberment truly sickened the world. There cannot be any of us who are not revolted by that story. It is a stain on the reputation of the Kingdom of Saudi Arabia, and I look forward to details of what happened being made public and explicit very soon. It would be appalling if Saudi Arabia decided to obfuscate or obscure that terrible episode. Furthermore, Saudi Arabia must make it very clear what remedial action will be taken in respect of those who are responsible and to prevent such events from happening in future.

The lack of transparency around the anti-corruption campaign, including the Ritz-Carlton detentions, mainly of Ministers, princes and businessmen, gives the international community cause for concern. The right hon. Member for Orkney and Shetland will know that, in February last year, those remaining at the Ritz were released following a number of court settlements, or transferred to prison pending prosecution. Let us be clear: those remaining in prison must be brought to trial or released. Their assets must be unfrozen if it is not the intention of the Saudi authorities to bring charges against those individuals.

The right hon. Gentleman can be sure that the Foreign Secretary and the ambassador in Riyadh lose no opportunity to raise the plight of those individuals, and to insist that their cases must be brought to a conclusion. They must be either charged with the corruption with which they have been associated, or released and their assets unfrozen. I will ensure that we continue to apply what pressure we can on KSA in order to achieve that end. However, it is not just about the 50 who are imprisoned, about whom we remain concerned; it is also about the mechanism within the Saudi state that allows such circumstances to arise, and the judicial process that Saudi uses to apprehend and manage that case load.

The hon. Member for Leeds North East mentioned the specialised criminal court, which is used to try cases that our peers among the international community would not regard as terrorist cases at all. There have been allusions in the debate to the kinds of things that Saudi Arabia might imagine constitute terrorism. I have to say that the same practice is found in a number of states within the Gulf region—it is not unique to Saudi Arabia. It is a source of frustration for many of us who deal with consular issues to try to work out why individuals have been apprehended on particular charges that look, on the face of it, outrageous and ridiculous, but that is because we are judging by our own standards and mores.

The way that many countries in the region regard such things as terrorism and offences against the state can be very different from our own. That is in no way to justify it, but it is to begin to try to understand it. I share the concerns expressed by the hon. about the SCC, and those concerns are shared with our interlocuters on a regular basis. More generally, we believe that civil and political rights strengthen a nation. I think we all believe that—otherwise we would not be here. Those rights make the state more resilient and more stable, and it is in all our interests to see a secure, stable and moderate Saudi Arabia playing a constructive role in a highly volatile region.

Free expression allows innovation to thrive and ideas to develop—an essential foundation for economic development and social cohesion. I was particularly interested in the remarks made by my hon. Friends on the nature of that cohesion, and the implicit threat to it if Saudi Arabia’s friends in the west behave in a way that isolates it and distances it from our norms and values. In our conversations with Saudi leaders and officials, we consistently underline the importance of respecting freedom of expression and the right to peaceful protest. In a country wedded to social media, that includes online activity. We make the case that such issues are the guarantors of long-term stability in the region.

The Prime Minister and the Foreign Secretary have spoken to the Saudi Government about a number of the cases mentioned today. They are listed in my briefing notes, and do not make for easy reading. Some of it has been articulated in the course of the debate, but not all of it. We have raised our concerns at the most senior levels about the increasing number of people detained for crimes relating to freedom of expression, as well as allegations of torture in detention and the lack of transparency in the aforementioned judicial process.

During the UN universal periodic review of Saudi Arabia’s human rights record in November, and the UN human rights council in March, we made clear our concerns about the constrained political environment. Right hon. and hon. Members are right to say that we believe that it is getting worse rather than better. The Government utterly condemned Jamal Khashoggi’s killing in the strongest possible terms. At the UN human rights council in June, we set out our expectation for a transparent judicial process and urged Saudi Arabia to take steps to ensure that such crimes will not happen again.

I will address the questions raised by the right hon. Member for Orkney and Shetland as fully as I can. If he feels that I have not addressed them fully, I am more than happy to exchange correspondence with him. I agree with him about the appalling spectacle of 37 mainly Shi’a men executed in April. That was an appalling, ghastly spectacle, and I have no doubt that the leadership in Saudi Arabia want to ensure that the good reputation of their country is not besmirched and stained again in the way that it undoubtedly was.

One hon. Member talked about shaming Saudi Arabia. Shaming is dangerous in respect of many of the countries in the Gulf region. Shaming is perhaps a bit of a challenge, but certainly the reputation of our interlocutors is important to them. In our discourse with them, it is important to point out in clear terms, as their embassies in London most certainly will, that such things put the relationship between the UK, and the west in general, and the country in question back many years. It is vital that those countries give full thought and consideration to what such things do in terms of their reputation with those that they wish to influence and, in many cases, to emulate.

Diplomats from our embassy in Riyadh attempt to observe all trials of international concern, with varying effectiveness. We have lobbied at the highest levels for the diplomatic observation of human rights trials to be reinstated as a matter of routine. The right hon. Member for Orkney and Shetland rightly said that the UK condemns the death penalty in all countries and in all circumstances. I think the hon. and learned Member for Edinburgh South West said something slightly different—that the Government say that they condemn capital punishment.

The Government do not just say that they condemn capital punishment; they really mean it. Implicit in the word “say” is, perhaps, an element of doubt. I would like to use this opportunity to expunge that doubt completely and irrevocably. Let me say it again: the United Kingdom condemns capital punishment in all countries and in all circumstances. On that, I think the great majority—an almost overwhelming majority —of right hon. and hon. Members in this House would agree.

--- Later in debate ---
Alistair Carmichael Portrait Mr Carmichael
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Thank you, Sir Henry, and Mr Evans before you, for chairing our proceedings. I thank all right hon. and hon. Members for their contributions to this excellent and thoughtful debate. I thank the Minister for his very substantial reply. I had not realised that he had been a Minister in this post for two months, which by contemporary standards is a record of durability and longevity. I wish him well in the weeks ahead.

I will take up the Minister’s kind offer of further correspondence regarding the force required in relation to the detainees, especially those from November 2017, and to the detail of the IAF funding and the College of Policing. I was perhaps remiss in not giving him advance notice of what I was going to say about that. Rest assured, if the correspondence is not fruitful, I suspect that we will be back here at some point in the future.

In particular, I thank the Minister for his clear and strong reaffirmation of the policy on the use of the death penalty. I suspect this was no accident. I say that because I have been on this beat for quite a few years. I set up the all-party parliamentary group on the abolition of the death penalty more years ago than I care to remember. I have campaigned against it in different parts of the world including the United States, South Korea and Japan. Most recently, I was in Japan at the end of February, working with the bar association there on its policy for the abolition of the death penalty in Japan. The embassy staff in Tokyo engaged on that issue in an absolutely exemplary manner. I could not have asked for better, more committed or more energetic support than I got during my time there. That has been my experience wherever I have gone, working with embassies and consulates in any part of the world in relation to this issue. To hear the Minister reaffirm that policy in the strongest possible terms is welcome and I commend him for it.

The right hon. Member for New Forest East (Dr Lewis) referred to this issue as a moral maze. I think that is absolutely correct. The hon. Member for Reigate (Crispin Blunt) spoke of the danger of pushing Saudi Arabia into the hands of other global powers, most notably China and Russia. I completely understand the tensions at play there. There is an element of competition when we consider not just human rights records, but our trading aspirations. We have to deal with that tension all the time. The Minister dealt with that in some detail.

I will leave the House with this thought. As we know, the G20 is heading to Saudi Arabia. Before that happens, there is time for this country to give a lead in talking to other members of the G20, so that we can all go to Saudi Arabia ahead of that meeting and say, “Here are our concerns. These are the matters that will be in our newspapers and television stations when the media of the world come to Saudi Arabia for the G20. You have time on your hands now and the opportunity to do something about it.” It strikes me that that would be a useful multilateral initiative that we could take, which would avoid some of the other tensions that come into play. I hope that is the sort of approach that our Government, which are committed in a meaningful way to human rights in other parts of the world, could take.

Question put and agreed to.

Resolved,

That this House has considered human rights in Saudi Arabia and the detention of opponents of the regime.