Greenpeace Activists in the Russian Federation

Geoffrey Cox Excerpts

Wednesday 23rd October 2013 Westminster Hall

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

I congratulate the hon. Member for Rhondda (Chris Bryant) on his speech and on securing the debate and I applaud the approach with which he commenced. It does not help those who are currently incarcerated in Murmansk to insult or offend their custodians. What we must do—I apprehend it was the approach intended by the hon. Gentleman—is to appeal to the Russian authorities, to His Excellency the Russian ambassador, who I know is taking an interest in the proceedings this morning, and to the President of Russia. I hope that speakers in the House today will base their appeal not only upon an analysis of what occurred that day and during those days in which the Arctic Sunrise was pursued and seized, but upon the compelling compassionate grounds, which are represented in part by the attendance of the families of some of those who are in custody today.

In my constituency, I have the families of Alexandra Harris and Kieron Bryan. Both families are suffering the inevitable shocking anxiety and anguish of knowing that those whom they love are isolated and segregated in a faraway place and accused of something that they are convinced, as I am, they did not do, and they are anxiously awaiting their return. It is in that spirit that I hope those who are listening, particularly the Russian ambassador, will interpret all the remarks that we make this morning.

Kieron Bryan is 29. He was a videographer on the Arctic Sunrise. He was nominated for an award. He is a talented, young and idealistic man. He was not there to break the law; he was on board the ship merely to record what happened and to keep a record. Alex Harris is 27—my own daughter’s age—and was on board as a digital communications officer, in charge of the Twitter account. She was fresh from joining Greenpeace in Sydney, and has been a volunteer in Vietnamese orphanages. She is, again, an idealistic young person who was not there to break the law—far from it—and to whom the idea of illegal violence would have been anathema, as it would to Kieron Bryan.

We all in this country can be proud of such young people. They were not intending to threaten the Russian state. They were intending to make a point about drilling in the Arctic. We all know, as the hon. Member for Rhondda has said, that drilling in Arctic conditions is a dangerous, arduous task, and it is inevitable that there will be sensitivities among those whose task it is to protect such installations, but those sensitivities should not lead to disproportionate reactions. I agree entirely with the hon. Gentleman, but, on reflection, I hope that the Russian ambassador, the President and the authorities currently conducting the proceedings in Murmansk will reflect that there is an important principle of law: proportionality.

Proportionality must be applied in all circumstances to all the actions of a sovereign state and its court system. The actions currently being taken against Alex Harris, Kieron Bryan and others who are under the custody of the Russian authorities are not proportionate.

As the hon. Member for Rhondda said, article 101 of the UN convention on the law of the sea interdicts illegal acts of violence for private ends on the high seas. The hon. Gentleman is completely right. Even if there was an illegal act of violence, which is doubtful, in the mere ascension of the rig with the intention of placing a banner upon it, it cannot be said that it was for private ends in the ordinary sense in which international lawyers mean it. Private ends must mean some form of deliberate attempt to secure a gain. In such circumstances, I would urge the Russian authorities to reflect on whether the charge of piracy is proportionate.

As the hon. Gentleman has said, to charge those young idealistic people—whose interest is not in violence but in peace, and, while some may think it misguided, is in preservation and creation, not destruction—with piracy is to bring into disrepute the very law that prohibits it. That is why I urge the Russian authorities, His Excellency the ambassador, who is listening to this debate, and those who may be listening in Russia itself to feel that the proportionality of their actions is under severe question.

There is another point that the hon. Gentleman did not mention: the United Nations convention prohibits actions of this type only on the high seas. The fact is that the oil rig was within the territorial waters of Russia, so any act against it would not necessarily be an act under the UN convention, and the action that was taken is not prohibited by the UN convention. The Arctic Sunrise was three nautical miles from the oil rig at the time—plainly, as the hon. Gentleman said, in international waters. In such circumstances, the exercise of power under the convention is questionable at least.

However, I do not wish to dwell upon the steps that were taken by the Russian authorities and whether or not they were lawful. I wish to dwell upon the plight of the individuals themselves. In the grim conditions of the Murmansk jail in which they reside are two young people whose families I represent. Kieron Bryan is a constituent of the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who will speak eloquently on his behalf, but I hope she will forgive me if I say that I feel a powerful connection to the families of both Alexandra Harris and Kieron Bryan. They are Devonshire people from the area of Torridge that I have the privilege to represent. Alexandra Harris was brought up in a farming family of generations. She went to Dolton and then Great Torrington school. She attended that school with a constituent who works for me in my constituency.

Kieron Bryan was brought up in Shebbear, a great village in Torridge that I know well, so I feel particularly close to those two young people at this particular time. I urge the Russian authorities to understand that those two people, as well as all their colleagues at the time, were not there in any destructive, illegal or lawbreaking spirit. It is ironic that they are incarcerated in Murmansk, the port to which many convoys sailed through the Atlantic to bring to the Russians succour in a time of great need. I ask the President of Russia, the Russian ambassador and the Russian authorities to think again. The human reality of Alexandra Harris’s, Kieron Bryan’s and others’ plight is brought home, as the hon. Gentleman said, by the letter that Alexandra’s mother published only recently and which she has asked me to draw to the attention of the House and the Minister. The letter said:

“I’m worried about what’s going to happen. I have moments of feeling panicky, but then I try to tell myself that there’s nothing I can do from in here and what will be will be so it’s pointless worrying. But it’s hard. Surely my future isn’t rotting in prison in Murmansk?! Well, I really hope it isn’t.”

It is our job—the job of the Minister, the Prime Minister and all those who care for justice and for freedom—to see that it is not.

--- Later in debate ---

[Mr Bradshaw]

I absolutely agree, not least because more Britons are being held by the Russians in Murmansk than people from any other country. As has already been said, there are six of them, of whom three are from Devon.

In a letter to me from his jail in Murmansk, the marine engineer from Exeter, Iain Rogers, has complained bitterly about what he sees as the British Government’s lack of action, compared with what is being done by his fellow captives’ Governments. He makes this direct appeal to the Prime Minister:

“I find it hard to believe that you are not outraged that British subjects have been kidnapped at gunpoint, detained and abused and yet so far you have done nothing except sit on your hands. It is time to act Mr Cameron. You have a duty to protect UK citizens and international law.”

Iain’s mum, Sue Turner, visited the Foreign Office last week. I understand that she did not get to see a Minister, which is regrettable, but she did see an official. At a vigil held for the Arctic 30 in Exeter on Sunday, she told me that she and the rest of the relatives share a concern that they are not being given enough information. She said that when they asked why more was not being done and said publicly, she was told by the Foreign Office official that Russia had not responded well to criticism from abroad in the past. We all know that, and it may well be the case, but this has been going on for more than a month.

Many of us do not have a great deal of faith in the Russian judicial system, and other Members have already referred to the prosecution of Pussy Riot and the state- sponsored persecution of gay and lesbian people in Russia. The British Government should make it absolutely clear to the Russians—yes, privately if necessary—that the situation is unacceptable, and that severe damage will be done to our bilateral relations and Russia’s already battered international image unless the hostages are freed forthwith. The Government also need to tell the relatives and the British public what they are doing to help.

My hon. Friend the Member for Rhondda (Chris Bryant) has quite rightly said that it would be inconceivable for the Sochi winter Olympics to go ahead unaffected if these 30 people from all over the world are still held illegally in a Russian jail. Does any hon. Member think that that would be an acceptable backdrop to an international sporting event? I hope that the Minister will reassure us by telling us what the Government are doing, and what representations he, and the Prime Minister personally, have been making. Are they supporting or are they a party to the Dutch legal action, and if not, why not?

[Mr Cox]

On the Dutch legal action, it is important to remember that only the Dutch have the standing to bring such an action: it was their sovereign-flagged ship, and they therefore have that status under the convention. We could not bring that action. Of course, we can support it morally, but we cannot be a party to it.

[Mr Bradshaw]

I defer to the hon. and learned Gentleman’s superior legal knowledge, but I hope that the Minister will at least tell us that we are supporting the Dutch legal action politically and morally.

Finally, what conversations have there been between the Prime Minister or the Foreign Secretary and Cathy Ashton? I would have thought that—given her very good reputation in recent months for bringing together parties, including the Russians, over Iran and Syria—the European Union’s foreign policy representative would be well placed to organise a co-ordinated European Union response to this intolerable behaviour by the Russian authorities.

--- Later in debate ---

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for Rhondda (Chris Bryant) on securing this debate. The attendance this morning and the passion with which right hon. and hon. Members on both sides of the Chamber have spoken indicate clearly to anyone studying our proceedings, in this country or Russia, that there are extremely strong feelings in Parliament and among the wider British public about what has happened offshore and in Murmansk.

In the 11 or 12 minutes remaining, I will focus on the British nationals who have been detained. That is not to dismiss the importance of wider issues of Arctic policy that the hon. Members for Bristol East (Kerry McCarthy), and for Brighton, Pavilion (Caroline Lucas), raised. The Government published a new policy framework document on the Arctic last week, and there may be opportunities for a wider debate on those matters in the House.

The arrest of the six British nationals who were on board the Greenpeace vessel Arctic Sunrise was, and remains, of great concern to the British Government. We hope that there will be a resolution to the incident that is acceptable to all parties. The priorities that govern our approach at the moment are, first, to try to do everything we can to ensure the proper welfare of the British citizens and the two New Zealanders detained—the New Zealand Government have asked us to take responsibility for providing consular support—and, secondly, to find an outcome to the affair that is acceptable to all parties concerned.

We learned of the arrest of those aboard the Greenpeace vessel on 19 September, and on the same day we decided to deploy a consular team to Murmansk before the vessel got into port. We contacted the Russian authorities to secure access rights, and on 24 September, consular officials were able to meet the British nationals when they arrived in Murmansk to check their welfare and collect messages to pass back to their families.

Murmansk is some 1,000 miles from Moscow, and we do not have a permanent British consulate there, but because of the seriousness of the incident and the number of people involved, each week we have dispatched a team of officials to Murmansk from our missions in Moscow and St Petersburg. Our consular officials attended the preliminary court hearings for all British nationals between 26 and 29 September. As the House knows, all 30 detainees were remanded for up to two months and transferred to pre-trial detention facilities while the authorities investigated further. Both before and after the hearings, our consular officials were allowed to talk to the British citizens and take messages from them to pass to concerned relatives in the United Kingdom.

Our officials carried out further consular visits to all six British detainees on 3 and 4 October. We were able to check on their welfare and address any concerns; this included helping to ensure that one British national who had earlier collapsed in court received appropriate support. We have since continued to visit the British nationals regularly, and our officials were present during the appeal hearings that concluded this week. As the House knows, the court dismissed all the appeals and upheld detention. Due to our lobbying efforts, at present all the British nationals are being held in the same detention facility, and have had regular access to Greenpeace lawyers.

Briefly, on the points raised by the hon. Member for Rhondda, our understanding is that all the detainees have access to lawyers, who were provided by Greenpeace in the first instance. We have also provided lists of local lawyers who we understand are able to do business in English—clearly, the FCO cannot vouch for the quality of any particular legal representative. We take up with the Russian authorities any concerns about prison conditions and access to appropriate medical treatment, as well as other concerns that detainees may have. Our latest information is that some of the detainees are sharing cells and others are in a cell on their own. We have raised any concerns expressed to us by the detainees with the prison authorities. The detainees are telling us at the moment that the conditions are what they term “broadly acceptable.” I am not saying that the conditions are comfortable in the remotest, but the detainees themselves describe the conditions as “broadly acceptable.”

Our priority is to ensure that we continue to provide consular assistance to the British nationals in Murmansk and to maintain contact with their families here in the UK. I have made it clear to my officials that when it comes to prison conditions and access to visits of any kind, I want to ensure that we hold the Russians to the letter of what they offer under their own prison rules, law and constitution.

On 2 October, the Russian investigative authority charged all 30 detainees with acts of piracy. Bearing in mind the clearly stated view of President Putin, many hon. Members will have been surprised that piracy charges were brought. The UN definition of piracy in the convention on the law of the sea does not appear to uphold the charges. The charges, however, are being brought under a particular provision of the Russian criminal code. I agree with those who have said during this debate that the key issue is the proportionality of the charges. We are in regular touch with Greenpeace lawyers on that issue, but the legal picture is complicated by the Russians arguing that the action comes under their domestic law.

As some hon. Members have commented, the Dutch have taken the ship’s detention to international arbitration. That is a legal matter for the Dutch as flag nation, as my hon. and learned Friend the Member for Torridge and West Devon (Mr Cox) said, but we remain in close contact with the Dutch authorities on that aspect of the case.

[Mr Cox]

Will the Minister give way?

[Mr Lidington]

I will, but I would be grateful if my hon. and learned Friend was brief.

[Mr Cox]

The arrest of a ship on the high seas must be done under the UN convention. Is it the opinion of the Foreign Office that the arrest of the ship was within or without the legal power under the convention?

[Mr Lidington]

With respect to my hon. and learned Friend, I am not here to comment on the Russian legal case. I am certainly not saying that we agree with the case, but the Russian argument is that the Russian domestic criminal code applies to the rig, and that the small boats from the main vessel that approached close to the rig were in breach of that criminal code. That is the Russian argument, and it may be something to take up in more detail with the Russian ambassador when hon. Members meet him.

It is not only in Murmansk that we have taken action. My right hon. Friend the Foreign Secretary raised the issue with the Foreign Minister Sergei Lavrov in New York on 25 September, and he followed that with a letter to him on 6 October. Senior FCO officials raised the case with the Russian ambassador to the United Kingdom on 26 September. Our ambassador in Moscow raised the case with deputy Foreign Minister Ryabkov on 2 October and met deputy Foreign Minister Titov yesterday to discuss the case further. We will maintain that senior-level engagement. We continue to use working-level contacts with the Russian Government, and to explore other options to raise the issue with senior Russian interlocutors.