Shaker Aamer

Lord Walney Excerpts

Wednesday 24th April 2013 Westminster Hall

[Jane Ellison]

I thank the hon. Lady for that intervention; I know she is going to make her own contribution later. I have come around to the view that that is one of the only credible explanations, and I will talk about it later.

After 11 years, it is clear that the US does not have sufficient evidence against Shaker Aamer to bring charges, because if it did, it surely would have done so by now, as it has for many other detainees. We are left, therefore, with the fundamental questions: Why is Shaker Aamer still being held, and what are the conditions under which he may return to the UK? I put those questions directly to Brigadier General Mark Martins, chief prosecutor of the US office of military commissions in Guantanamo, when he came to the House of Commons last September, and to Leon Panetta, the outgoing US Secretary of Defence, when he visited the House in January. The official reason they both gave for Mr Aamer’s continued detention was that he was being held under

“the law of war…intended to prevent his return to the battlefield for the duration of hostilities in which he was previously engaged.”

That concerns me for many reasons. First, there is no credible evidence that Mr Aamer was ever engaged in “hostilities”. Secondly, the duration period described is incredibly vague. When he responds, will the Minister say whether the Foreign and Commonwealth Office has an understanding of what that might mean? Does it mean for, for example, the duration of the US deployment to Afghanistan? Will it extend beyond the US troop draw-down from Afghanistan? That is important, because it might lead to an eventual release date.

In our country, even those convicted of very serious crimes know what sentence they must serve before they can be released, yet at this point Shaker Aamer has no such light at the end of the tunnel, even though other such difficult cases have been resolved. For example, the case of another British resident, Binyam Mohamed, who was often mentioned in the same breath as Mr Aamer, was also considered difficult and the US was initially reluctant to release him, but military charges against him were dropped and he was released to the UK in February 2009.

Although I have been encouraged on many occasions by Ministers’ repeated public declarations of official Government policy to return Mr Aamer to the UK, and by the frequency with which his case has been raised, Mr Aamer remains in Guantanamo. It is time, therefore, to explore other means of securing his release. That might, I suspect, involve increasing the pressure on the US Government, and pulling diplomatic levers that have not yet been considered. Diplomatically, how might the Government respond if another foreign Government were holding a British resident without charge? I know that Ministers have called for Mr Aamer’s release, but perhaps the Foreign and Commonwealth Office should go further and consider making a public declaration, condemning his continued detention.

The US is one of Britain’s oldest and firmest friends. We are close allies and significant trading partners. Even if Ministers have to ruffle some diplomatic feathers to see Mr Aamer released, our relationship with the US would endure. Indeed, as I have said, releasing Mr Aamer to the UK would surely help President Obama to take another step towards fulfilling his now five-year-old pledge to close Guantanamo Bay.

There are a number of theories about why Mr Aamer remains detained. In The Mail on Sunday last week, David Rose suggested that Mr Aamer might have been present during the torture of another detainee who, I understand, later gave false information that was used to justify the invasion of Iraq. Clive Stafford Smith and others believe that the UK security services could be briefing against Mr Aamer through intelligence-sharing channels to keep him detained, perhaps to protect their reputation against accusations of complicity in torture. Has the Foreign and Commonwealth Office sought assurances that UK security services are not responsible for, or contributing to, Mr Aamer’s ongoing detention? I realise that the content of any such discussions cannot be shared, but have they even taken place?

Another route, which was discussed in detail with the Foreign Secretary and Mr Aamer’s lawyers when we met in the Foreign and Commonwealth Office last year, is through the US’s National Defence Authorisation Act for Fiscal Year 2013. The NDAA regulates defence spending, including on Guantanamo Bay, and also regulates how and when detainees can be transferred or released. Before 2012, granting certifications for transfers was made all but impossible because of the demanding obligations placed on the Secretary of State for Defence and others—the bar was set very high. However, since January 2012, the NDAA has included a new waiver mechanism, which allows the Secretary of State for Defence to release prisoners if any risk associated with their release has been “substantially mitigated”—that is the key phrase used. In October 2012, the Foreign Secretary confirmed that the NDAA 2012 and its new waiver mechanism might make Mr Aamer’s release more likely, and he agreed to pursue the matter of securing a waiver with any new US Administration. Is the Minister able to comment on whether any progress towards identifying and addressing the obstacles has been made?

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

I add my congratulations to the hon. Lady on securing the debate. She is asking all the right questions. Does she agree that it is the lack of transparency that is so damaging, and the sense that justice is being perpetually denied and delayed? Ultimately, that gives succour to the enemies of Britain and the US.

[Jane Ellison]

I could not agree more with the hon. Gentleman. It is the ultimate stain on democracy. A man should know why he is being deprived of his liberty and what he must do to win it back. That is how I come at it; that is one of the fundamental principles on which mature democracies base their thinking.

Will the Minister comment on whether some of the waiver steps have been satisfied, and what further steps we could take in Britain to satisfy the US authorities? One of the US’s concerns is the possible recidivism of released detainees, or, in the case of the many who did not commit an act of terrorism in the first place, whether their treatment in Guantanamo has inspired them to violence. Releases depend largely on whether the receiving country is trustworthy and able to demonstrate that it can significantly mitigate any risks of recidivism, and I strongly suggest that the UK is eminently trustworthy in that regard. After all, the US trusts us in a range of sensitive areas, for example shared intelligence and co-operation on joint military operations. Additionally, the NDAA requires the publication of a detailed report on incidences of recidivism and the countries in which they take place.

The UK has an exemplary record on reintegrating released detainees. To my knowledge, among all the Guantanamo detainees released to Britain, the sum total of recidivistic activity is a single speeding ticket. Indeed, I understand that the UK has the best record of any country to which a significant number of prisoners have been returned. The UK itself lives with a significant ongoing threat from international terrorism, and the fact that the UK Government are pressing for Mr Aamer’s return to this country is surely the clearest possible demonstration that they do not regard him as a risk, especially given that he is not a British citizen.