Shaker Aamer

Gavin Shuker Excerpts

Wednesday 24th April 2013 Westminster Hall

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I congratulate the hon. Member for Battersea (Jane Ellison) on securing this debate. Shaker Aamer is not one of my constituents, but his case has been followed by many people over the years, as has what is happening in Guantanamo Bay. I will try not to repeat points already made by the hon. Lady, but I will deal with some other issues.

When there is an incident such as 11 September, one can understand that, to protect its citizens, the natural reaction of the state is to scoop up everyone, put them in prisons or detention camps, and then search for the evidence to prosecute them or do whatever needs to be done. In this case, it seems that for 11 years—that is a long time—someone has been kept in detention, with no charges brought against them and no trial carried out, which cannot be right.

The European convention on human rights says that in times of conflict, countries can derogate from certain articles, even from the right to a fair trial. Cases of people imprisoned for four to five years have gone to the European Court of Human Rights, which has said that such treatment is not unlawful because of the individual circumstances, but all those cases involved people who had actually been charged with an offence and were awaiting trial, although delays had occurred for whatever reasons. In this case, the person has not even been charged, which is the really important point.

[Gavin Shuker (Luton South) (Lab/Co-op)]

I am extremely grateful to my hon. Friend for the tone in which she is continuing this debate. She is making some powerful points. Does she not go to the heart of the question when she says that we understand that situations will always emerge that are in some way murky, but that an important part of the process is normalising relationships back to what they were? This case serves only to show how little we have advanced in the past 11 years.

[Yasmin Qureshi]

I entirely agree with my hon. Friend that we should try to normalise and humanise all such situations, and to resolve the conflict. At the end of the day, America is one of the greatest democracies in the world, under the rule of law, for which we admire it. The situation has been a big stain on its reputation internationally, and dealing with all this—resolving the issue of Guantanamo Bay and, of course, the case of Shaker Aamer—would help its reputation in the world. That would give it back its credibility and respect, which it is losing as it continues the Guantanamo Bay detentions, including of Shaker Aamer.

As I have said, there have been cases in the European Court of people who have been in custody for a long time, but no charge has been made in the case we are discussing. As a former prosecutor, I know that international criminal laws are so wide that if people have committed an offence—they do not actually have to have set off a bomb or to have shot someone, but all jurisdictions in the world have the concept of attempting to commit a crime, where people try but do not manage to complete the offence—they can be charged. However, that is not relevant to this case. There is also what is called aiding and abetting, which means that if people counsel, aid, procure, encourage or in any form or shape assist in the commission of an offence, they can be prosecuted. In virtually all jurisdictions, such people are treated as though they were the main participator—although sentences tend to vary—so individuals can be caught even under those provisions.

The fact that that has not happened in relation to Mr Shaker Aamer and others in Guantanamo Bay, who have still not been charged with anything and still languish in prison, is, legally, fundamentally wrong. Eleven years later, it cannot be right that people are being detained in custody apparently for eternity—there seems to be no foreseeable release.

I am grateful to our Government for making efforts to get Shaker Aamer released. The Foreign Secretary has said that he is anxious to get him back, so that we can repair some of the damage done to him. Britain has of course said that it will not charge him with any offence. That again shows that we cannot just have people in indefinite detention, perhaps for being in the wrong place at the wrong time. In this case, he was there legitimately, teaching—as he has said—and, because of the bombing, he tried to leave the country where he was working, but was then detained.

Fundamentally, this all boils down to the fact that either someone is prosecuted or they are not. The American Government say that Shaker Aamer is an unlawful combatant and does not therefore come within the parameters of the ordinary criminal law. However, international conventions state that somebody cannot just be held for ever; they must be prosecuted or released.

In relation to the frequently used term “unlawful combatant”, a soldier serving a country in an armed conflict who is arrested by another country would be a “lawful combatant”, meaning that they might be treated as a prisoner of war, and only if they were not part of the armed services of a particular state but were involved in some kind of illicit fighting or wrongdoing would they be an unlawful combatant. Even so, they are entitled to rights, including to a proper trial by an independent tribunal.

Many international organisations have found that the trial system in American military courts has no transparency and contravenes all principles of natural justice and fairness of trial. I would therefore say that even a trial in the American military courts would be wrong, but even that has not happened. No legal process is being carried on. I know that that has been emphasised, but why this is happening is beyond understanding.

It has been suggested, certainly by his lawyer, that one reason Shaker Aamer has not been released is that he has stood up for his rights in prison. He certainly did so when he was arrested. There is also the fact that he is now on hunger strike. He has not seen his children or wife; in fact, one of his sons was born soon after he was detained and he has not even seen him.

I therefore ask the Minister what discussions there have been with the Americans about their having breached international laws, which is clearly happening in this case. I could stand here and give chapter and verse on all the cases, but I do not want to bore everybody stiff with the legal niceties. As someone who specialises in human rights law and is a former prosecutor, I can honestly say of this case and the law in this area that what is happening to Shaker Aamer is completely illegal, fundamentally flawed and against all principles of justice.

Before I sit down, I want to pay tribute to my right hon. Friend the Member for Tooting (Sadiq Khan), who has campaigned vigorously about the case of Shaker Aamer in particular—as well, of course, about the issue of Guantanamo Bay generally—for several years. He raised it with the previous Lord Chancellor and other people, and has campaigned tirelessly on behalf of Shaker Aamer and his family. Unfortunately, as he is shadow Lord Chancellor, he is not able to participate in this debate today, although he is present in the Chamber, and has been here from the start of the debate. I want to thank him and pay tribute to him for his hard work over a number of years. I also want to pay tribute to the hon. Member for Battersea for securing this debate.

The Minister is an honourable and good man, and the Foreign Secretary is of the same calibre as well. I urge them to carry on with the negotiations so that we can please have the return of Shaker Aamer, as his detention is a blot on the reputation of America for upholding freedom and rights.