UK Nationals Imprisoned Abroad

Fiona Bruce Excerpts

Tuesday 20th December 2016 Westminster Hall

[Fiona Bruce (Congleton) (Con)]

I congratulate the right hon. Member for Carshalton and Wallington (Tom Brake) on securing this debate. As we have heard today, Mr Tsege, who was a prominent figure in Ethiopian opposition politics, has experienced terrible difficulties. He has undergone experiences that give many colleagues in this House cause for concern, which is evidenced by the number of Members of Parliament, from many different parties, who are in their places today.

I am here today because a member of my staff recently met Mr Tsege’s partner, Ms Hailemariam, at her request here in Parliament, was deeply moved by the family’s plight and referred Mr Tsege’s case to me. I pay tribute to Ms Hailemariam for her tenacity and perseverance in championing her partner’s case; as I said, that is why I am here today.

I will focus on one aspect of Mr Tsege’s case—that is, the apparent absence of the appropriate due judicial process. Judicial process under law is not apparent from his situation, and we in the UK Parliament should defend the right of all our fellow citizens, wherever they are in the world, to have the benefit of due process under law, whatever they might be suspected or accused of. We should not tolerate without challenge a UK citizen being subject to peremptory abduction, rendition, imprisonment and the lack of a fair trial, as appears to have happened in Andy Tsege’s case. That is why so many of us are here today.

[Bob Stewart]

I am so sorry to interrupt again. Is Andy now under sentence of death, having been tried in absentia, so he is there permanently? Is there any chance of a review of his case by the judicial authorities in Ethiopia? In other words, are we down to political, international and diplomatic pressure to get him out?

[Fiona Bruce]

As far as I understand it, in Ethiopia there is no right of appeal from a death sentence. I stand to be corrected if other hon. Members understand the situation differently, but I see some nodding in the Chamber.

I do not want to interrogate the veracity of the claims against Mr Tsege, but whatever the intricacies of his particular case, we cannot avoid the fact that a UK citizen has, by all accounts, been kidnapped, arrested, rendered and imprisoned, and then tried, convicted and sentenced to death in absentia, in flagrant contravention of the due process of law.

[Mr Andrew Smith (Oxford East) (Lab)]

I thank the hon. Lady for giving way, and I congratulate the right hon. Member for Carshalton and Wallington (Tom Brake) on securing the debate. Is it not material to this matter for the international community that the UN Working Group on Arbitrary Detention described Mr Tsege’s detention as “illegal” and concluded that an “adequate remedy” would be to release him and afford him “adequate compensation”?

[Fiona Bruce]

That is right. As we have heard, Mr Tsege was convicted in absentia in 2009 while he was at home with his family in London. He was not formally notified of the proceedings brought against him, nor of his ultimate sentence. Obviously, he was not given any opportunity to defend himself and the US State Department has described his 2009 trial as an act of “political retaliation” that was

“lacking in basic elements of due process”.

Mr Tsege was sentenced under Ethiopia’s Anti-Terrorism Proclamation of 2009—a statute that the Foreign Office has noted has been used to

“restrict…opposition and dissent”

by targeting

“members of opposition groups, journalists”

and

“peaceful protesters.”

Mr Tsege was tried alongside scores of other political prisoners including his 82-year-old father. What is very concerning is that the anti-terrorism proclamation under which he was convicted was not introduced until a month after his in absentia trial began in June 2009. I know that many hon. Members share my concern about retrospective legislation, particularly in the case of criminal charges.

During the proceedings, the prosecution amended the charges against Mr Tsege, dropping the initial allegation that he was involved in plotting a coup d’état and introducing instead charges of conspiring to dismantle the constitutional order. I understand that UK authorities have noted that at no point have they been presented with any evidence against Mr Tsege from the Ethiopian authorities that would stand up in a British court, despite the requests made of the Ethiopian Government.

The civil liberties group, Reprieve, which I commend on highlighting the case, said that Mr Tsege was bound, hooded and bundled onto a plane headed for Ethiopia. It should be noted that the circumstances of his abduction, which have been widely publicised, have not been disputed by Ethiopian officials. The fact remains that the Ethiopian Government did not request his lawful extradition while he was living in London, nor have they produced any evidence to back up the claim of an extradition arrangement with Yemen. His kidnap at an overseas airport is a clear breach of the established international legal extradition process.

Further, the UN special rapporteur on torture reported to the United Nations Human Rights Council that Ethiopia’s treatment of Mr Tsege has violated the convention against torture. In addition to the marked difference in Mr Tsege’s physical appearance before and after abduction in his television appearances—it is clearly discernible—a British psychiatrist commissioned by Reprieve, who has assessed his case, has noted his deteriorating mental state. I understand that Ethiopia has not allowed the British Government to have a private consular visit, making it impossible for Mr Tsege to report directly instances of suspected mistreatment.

There have been some consular visits, albeit not private. When Mr Tsege was with the UK ambassador to Ethiopia he stressed that he only ever advocated the conduct of politics “by peaceful means.” That echoes his testimony before the European Parliament in 2006 in which he encouraged Members of the European Parliament to back the

“peaceful, just and fair struggle of the people of Ethiopia for freedom and democracy”.

In the years before his abduction, Mr Tsege mounted a global campaign to draw worldwide attention to concerning developments in Ethiopia. He testified before the European Parliament and the United States Congress, encouraging the latter to introduce legislation to encourage Ethiopia to engage in “democratisation and economic liberalisation”.

Some organisations, such as the UN Working Group on Arbitrary Detention, which has investigated the case, have concluded that the only proper solution is for Mr Tsege to be immediately released and returned home. It could well be argued that the UK Government should demand that. If, following his release, the Ethiopian Government then wish to pursue a case against him, they should do so legitimately by seeking his extradition and observing the norms of legal process. What is the Minister’s response to that and what steps have the UK Government taken in that regard? Have they pushed for Mr Tsege’s release from Ethiopia, or have diplomatic efforts been limited, as has been reported, to efforts to try to convince the Ethiopian Government to grant him access to a lawyer, which, as we have heard, will be of limited benefit at this stage? Perhaps the UK Government are aware of information that is not in the public domain; what can the Minister tell us to help us to understand the otherwise inexplicable treatment of Mr Tsege?

In a recent letter to supporters of Andy Tsege, the Foreign Secretary wrote that

“Britain does not interfere in the legal systems of other countries”,

but it is interesting to note that in recent years, two UK citizens who were arbitrarily detained have been released: Lee Po in China and Karl Andree in Saudi Arabia. I understand that, in both cases, their release came about following intervention by the UK.

The question is whether we believe that the circumstances of Mr Tsege’s arrest and subsequent treatment are acceptable. Surely they are not.

[Dr Mathias]

Does my hon. Friend have concerns, as I do, that the UK Government may be giving aid worth millions of pounds to a country that is maltreating a UK citizen?

[Fiona Bruce]

I was going to observe later in my speech that I had the privilege of visiting Ethiopia as a member of the Select Committee on International Development in 2013 to look at UK aid projects there.

[Mr Laurence Robertson]

It is my understanding that no UK aid actually goes to Governments these days. Certainly, it does not go to the Ethiopian Government. I think that it goes much further down the line.

[Fiona Bruce]

It is now often the case that aid is not paid bilaterally to many countries. None the less, UK aid money is being spent in Ethiopia, as has been indicated by my hon. Friend the Member for Twickenham (Dr Mathias).

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

While the hon. Lady is on the subject of aid, I wonder whether she had an opportunity on her visit to look at the MSc in security sector management. I understand it was initially funded through a Department for International Development programme and it appears that some of the people who were responsible for Mr Tsege’s detention had taken part.

[Robert Flello (in the Chair)]

Before the hon. Lady responds, I gently suggest that other Members wish to speak and that I will call the Front Benchers at half-past 10 o’clock.

[Fiona Bruce]

Thank you, Mr Flello. I did not have an opportunity to see the project to which the hon. Member for Birmingham, Selly Oak (Steve McCabe) referred.

In conclusion, disrespect for basic human rights continues to be widespread throughout the globe. I see that all too frequently as chair of the Conservative Party Human Rights Commission. It is in that capacity, as well as in my capacity as a Member of Parliament, that I raise concerns about Mr Tsege today. As the Secretary-General of the UN, Ban Ki-moon, so eloquently stated:

“Upholding human rights is in the interest of all. Respect for human rights advances well-being for every individual, stability for every society, and harmony for our interconnected world.”

[Robert Flello (in the Chair)]

There are now six Members who wish to speak. We have 29 and a bit minutes. I call Kerry McCarthy to demonstrate how succinct Members can be.