British Nationals Imprisoned Abroad Debate
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Martin Docherty-Hughes
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British Nationals Imprisoned Abroad
Martin Docherty-Hughes Excerpts(6 years, 8 months ago)
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Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)
I beg to move,
That this House has considered British nationals imprisoned abroad.
It is an honour to serve under your chairmanship, Mr Hollobone. In late January, I attended an event organised by the Redress Trust, the international human rights and anti-torture non-governmental organisation, and the all-party parliamentary human rights group to launch Redress’s new report, “Beyond Discretion: The Protection of British Nationals Abroad”. The report uses the NGO’s experience of working with British torture survivors and their families over the past 25 years when trying to get the help of the UK Government.
Under international law, through the Vienna convention on consular relations, to which the UK is a party, all states have a right to intervene on behalf of nationals abroad to ensure that their fundamental rights are respected. It is important to recognise that that is not the same as interfering in cases. Among other protections, the VCCR allows for the freedom of communication between consular officials and a detained person, as well as freedom of access to the detained through consular visits.
Every year, nearly 6,000 British nationals are arrested or detained abroad. Of those, more than 100 tell the Foreign and Commonwealth Office that they have been tortured or ill treated while abroad. In 2016, the latest year for which data is available, the FCO delivered assistance to 118 British nationals who alleged that they had been tortured. The total number who have been tortured is of course likely to be higher, as some might not be able to report such violations, or have the chance to. One such case is that of Jagtar Singh Johal.
In October 2017, Jagtar travelled to India to marry his fiancée. On 4 November, while out shopping, he was seized by plain-clothes officers, hooded and abducted. Following a brief court hearing, he was held incommunicado by Indian police for nine days at an undisclosed location, and he was denied all access to lawyers, British consular staff and family members. On 10 November, Jagtar was secretly presented in court while his lawyer and British consular staff were, outrageously, left outside the courtroom waiting to be called. They were informed along with the media only after he had been presented before the court and had left the courtroom. Subsequently, witnesses reported that Jagtar had great difficulty standing or walking and had to be assisted by the police officers escorting him in and out of the courtroom, supporting Jagtar’s claim of severe torture.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
I am extremely grateful to the hon. Member for bringing this short debate to the House. Is not the forthcoming Commonwealth Heads of Government meeting here in London a prime opportunity for the Government to tackle the Indian Government head-on about the claims of torture of my constituent, Jagtar Singh Johal, while he was in early detention in India?