Detained British Nationals Abroad

Julian Lewis Excerpts

Thursday 5th December 2024 Commons Chamber

[Sir Iain Duncan Smith]

I was going to say it, but as the hon. Member has raised it, I will do so now: we must not forget those hostages. What has happened to them is appalling, and he is right to raise it. Families across the UK listening to this debate will be appreciative of that.

A critical issue is the lack of a clear and proactive response strategy from the FCDO. There is no centralised approach for dealing with arbitrary detention cases, and that absence of structure adds to the stress for families, who feel unsupported and often ignored.

[Sir Julian Lewis (New Forest East) (Con)]

My right hon. Friend’s point is surely the critical one. Traditionally, the best and the brightest went into the diplomatic service and the Foreign Office intake, but even the brightest people need to specialise if they are to do a good job. Given that so many people are being detained in this way, surely the answer is to have a small dedicated unit within the Foreign Office that can handle the co-ordination of a systematic response every time someone is arbitrarily detained abroad.

[Sir Iain Duncan Smith]

I agree with my right hon. Friend. The point I am really getting at is that the days of the shifting jobs of generalists are long gone, I am afraid. I have often made the case, having run a Department, that the civil service and the Foreign Office need to catch up with what is happening outside. We need specialists in place, and we need that to be considered an important job.

In cases where British nationals are detained abroad, the families of those detained have often found the UK Government reluctant to act to prevent torture or to seek accountability where it occurs. If they are acting, they do not relay that to the families, so the families are left believing that nothing has happened, even if something has happened. For instance, when Nazanin Zaghari-Ratcliffe, a British-Iranian dual citizen, was detained in Iran, her family first raised allegations of torture with the FCDO in 2017. It was not until May 2021—following outside pressure from Redress and others, by way of a submission to the FCDO of a medical report as evidence of her severe suffering—that the then Foreign Secretary, Dominic Raab, an old colleague of ours, acknowledged that she had been a victim of torture. Why did it take so long? It seems to me that this is pointless.

In the case of Jagtar Singh Johal, a British national tortured by police in India, FCDO officials would only raise the allegations of torture with the Indian authorities once they had sought consent from him directly, which took two to three months. I know that the hon. Member for West Dunbartonshire (Douglas McAllister) intends to speak about that case, but I just raise it generally as an illustration of what is going wrong.

Families of detainees face significant challenges in their engagement with the FCDO. Many report vague or inconsistent communication, which breeds mistrust. There is a critical need for a designated point of contact for families, as happens in the States, to ensure transparency and accountability in the handling of cases. Without that, families feel abandoned by their own Government while simultaneously battling the detaining state with few tools.

The FCDO also lacks a consistent policy on the treatment of dual nationals, often citing states’ refusal to recognise dual nationality as a barrier to action. That is a practical challenge, not a legal one, and it should not stop UK officials from attempting to access prisons or courts. When the Government fail to act, it risks sending a damaging message to dual nationals that they are less British and, by extension, less deserving of protection.

For instance, that reasoning was used very much in the case of Jimmy Lai, who is a British citizen. China decided, because it does not recognise dual nationality, to call him a dual national. He has never been a dual national, and I have lost count of the number of times that I have literally shouted at Government Ministers in Westminster Hall that he is not a dual national. When they got up to speak, they just said that he is a dual national. He has never been a dual national. He is a proud British citizen. He got into Hong Kong long before he was of an age to have a nationality in that sense or a passport. He has been a British national non-stop since then.

--- Later in debate ---

[Sir John Whittingdale (Maldon) (Con)]

I congratulate my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) on securing the debate, and on the tremendous amount of work that he has done in this area. It is also a pleasure to follow the right hon. Member for South Islington and Finsbury (Emily Thornberry), the Chair of the Foreign Affairs Committee, which I have been delighted to join as a new member in the last few weeks. I am pleased to be able to say that I thought she made an excellent contribution, and I agreed with every word of it. I also join her in recognising the amount of work that was done by the previous Committee in the last Parliament, under the chairmanship of my hon. Friend the Member for Rutland and Stamford (Alicia Kearns), who continues to chair the all-party parliamentary group on arbitrary detention and hostage affairs and to take a strong interest in the subject. The APPG produced an extremely good report, although I have to say that the Government response was a bit disappointing, so it is right for us to press these matters further today.

I myself chair the all-party parliamentary group on media freedom. Media freedom is also under huge pressure across the globe: far too many journalists have died in pursuit of their profession, or are currently in prison. According to the latest report, 546 journalists and media workers are detained as of today. The UK has rightly championed the cause of media freedom, especially in the Foreign Office, and we need to go on making that case. It is doubly concerning that some of the journalists who are in prison are British.

My right hon. Friend has mentioned a few specific cases, and I want to do the same. Both he and I were privileged to attend the Magnitsky awards dinner a couple of weeks ago. Bill Browder, now Sir William Browder, has done a huge amount, initially to support prisoners in Russia and to bring sanctions against those responsible for the death of Sergei Magnitsky, but he has widened his campaign to highlight cases of detained political prisoners around the world.

In respect of the first case I shall mention, I am able to congratulate the Government on the part that they played. At the dinner, it was a privilege to meet Vladimir Kara-Murza. I have raised his case in the House, and many other people have done so over the last few years. We were seriously worried, particularly after the death of Alexei Navalny, that Kara-Murza would be next. There was certainly evidence to suggest that he would have died had he remained in prison, and I know that the British Government, along with the American Government and others, did a great deal to obtain his release through a prisoner swap that took place a few months ago. I have some concerns about the concept of prisoner swaps, because there is always the risk that carrying out a swap to obtain the release of innocent people in return for sending back people who are certainly not innocent—which is what happened in this instance—simply encourages the detention of other innocents in the future. In Kara-Murza’s case, however, I think that had he not been released he would have died. The release at the same time of Evan Gershkovich, an American journalist, was clearly another strong priority.

It is welcome that here is a case in which we have actually obtained the release of a British national, but sadly a number of others are still in prison. My right hon. Friend mentioned several of them, but I will start, as he did, with the case of Jimmy Lai, a remarkably brave man who is now detained under the draconian national security law that has been introduced in Hong Kong. It is noticeable that, just two decades ago, Hong Kong was 18th in the world rankings for press freedom; it is now 135th. Jimmy Lai was a publisher who worked to uphold freedom of speech; he was imprisoned as a result, and his health is now under severe pressure after four years in solitary confinement. I have met his son Sebastien, as has the Foreign Secretary, and we will continue to raise his case here until he is released.

There has also been reference to Alaa Abd el-Fattah. Like a number of other Members, I was able to speak to his mother, Laila Soueif, very recently. She is on a hunger strike to obtain his release. He has been convicted of spreading false news, and has been a long-standing target of the regime. It is notable that, in opposition, the Foreign Secretary was very vocal in condemning the Egyptian Government in respect of his case, and actually called on the Government to deny the Egyptian ambassador access to Whitehall until he was released. I have not observed the Egyptian ambassador being denied access, and Alaa Abd el-Fattah is still in prison. I therefore ask the Foreign Secretary to reflect on what he said in opposition, and to strengthen the progress that we are making.

The third case that I want to mention is that of a British journalist who is not in prison. Clare Rewcastle Brown, an independent journalist, has been the target of abusive lawsuits in Malaysia since she exposed corruption there. This year she was sentenced, in absentia, to two years in prison on a bogus defamation charge, having not even been told that she had been put on trial. Obviously she is anxious to appeal, but she has been told that if she is to appeal, she must attend the court in Malaysia in person. Very understandably, she is extremely reluctant to do so, given the amount of personal risk. The Government, as far as I am aware, have not commented on her case, and she has struggled to obtain support from the Foreign Office, so I ask the Minister specifically to look into her case as well.

There is also the case of Gubad Ibadoghlu, an Azeri activist but one who was a senior adviser at the London School of Economics. He returned to visit his family in Azerbaijan in 2023, and was promptly arrested and locked up. His family were quite badly assaulted during his arrest, and my right hon. Friend and I, and any others who were at that dinner a couple of weeks ago, will have heard his daughter speaking about that and about her fears for his health. He, too, is seriously ill and needs assistance.

[Sir Julian Lewis]

On that point, it is worth mentioning that Dr Ibadoghlu’s son visited Parliament a few weeks ago, when we had an opportunity to discuss his case. He has a close association with part of the University of London, and he was given assurances that it would be safe for him to return to visit his ailing mother. Subsequent to his arrest, a PhD student, whose name is Fazil Gasimov, was extradited from Turkey and tortured into giving evidence against Dr Ibadoghlu, and he has felt it necessary to go on hunger strike. There seems to be a huge effort by the Azeri Government to persecute people, even at the same time as a COP meeting was scheduled to take place in their capital.

[Sir John Whittingdale]

I am extremely grateful to my right hon. Friend, who makes the point that I was just coming to. As the Chair of the Foreign Affairs Committee pointed out, all too often one part of Government may be pressing for somebody’s release while other parts of Government seem to have a normal relationship with the foreign Government responsible and do little. We managed to send many delegates to COP29—I cannot remember how many there were, but it was certainly in three figures—but I would be interested to know how many of them actually raised with the Government in Baku the case of Dr Ibadoghlu.

[Sir John Whittingdale]

I am very disappointed to hear that but, sadly, not surprised. I think I added my name to the letter that my right hon. Friend sent.

[Sir Julian Lewis]

In fairness to the Government, I have reason to believe that one of the Foreign Office Ministers was very concerned about the case. I think there is a high probability that it may have been raised quietly, if not publicly.

[Sir John Whittingdale]

Let us not argue about whether or not it was raised. Let us agree that what we should do is continue to raise it with the Government of Azerbaijan until Dr Ibadoghlu is released.

The final case that I must mention, given that it was raised, quite rightly, by the hon. Member for Wirral West (Matthew Patrick), is that of Emily Damari, one of the hostages being held in Gaza, who is a British citizen. She is 28 and has been held for 425 days. Her mother is obviously deeply anxious to know that she is still alive, so the Government must do everything possible to try to obtain her release. I know that other Members intend to raise other cases. It is sad that so many British citizens are detained arbitrarily on trumped-up charges around the world, and that this debate is so vital and necessary.

I will finish by endorsing some of the recommendations made by the Foreign Affairs Committee in the last Parliament, which have been echoed by its current Chair. A legal right to consular access is very important, and is something that the Labour party said it would bring in. We raised that legal right with the Foreign Secretary the other day, and I would be grateful if the Minister could confirm that the Government still intend to introduce it.

I agree with hon. Members including the Chair of the Foreign Affairs Committee that the establishment of a separate directorate for arbitrary and complex detentions within the FCDO would be a really valuable addition. There is confusion at the moment, because all too often we are told that cases are being pursued, but nothing happens. Unfortunately, with the single exception of Vladimir Kara-Murza, all too many of those cases involve British nationals who continue to be unfairly and unjustly imprisoned, sometimes at risk to their lives. I look forward to the Minister’s response on those points.