Iran’s Nuclear Weapons Programme

Mike Freer Excerpts

Tuesday 12th November 2013 Westminster Hall

[Mr Hollobone]

There we disagree, because my understanding is that it is not a matter of weeks. I am sure that the Minister will enlighten both of us in his response, but my understanding is that it would take months or even years to reach an interim agreement.

[Mike Freer (Finchley and Golders Green) (Con)]

I congratulate my hon. Friend on securing this debate. The prospect of the debate clearly brought Iran to the negotiating table last weekend, so I congratulate him on his international reach. Does he share my biggest concern that all the dancing around the diplomatic handbags—talks about talks, talks about resuming talks, talks about inspectors going back in and talks about what they can inspect and when they can inspect it—is a typical conjuring trick by Iran to distract the international community while it gets across the line and builds a bomb? Should not the Foreign Office be extremely cautious about any gift horses from Iran?

[Mr Hollobone]

My hon. Friend speaks wise words, and I am not surprised because he is always on top of such important issues.

That leads me on to a point I was going to make about the new President of Iran, Hassan Rouhani, who was elected in June 2013. President Rouhani is meant to be the bee’s knees. The former Foreign Secretary, the right hon. Member for Blackburn (Mr Straw), has said how much he admires him. Hassan Rouhani spent some time at Glasgow Caledonian university and knows this country well, but he is not a pleasant individual at all. It is not as though he has recently emerged with an unblemished record; he has been deeply involved in the unpleasant Iranian regime for quite some time. He was involved in the Islamic revolution when it started in 1978, and he helped Ayatollah Khomeini found the regime. Between August 2003 and October 2005, the now President Rouhani was Iran’s chief negotiator in nuclear weapons talks. In 2004, he gave a speech to the Supreme Cultural Revolution Council, in which he said:

“While we were talking with the Europeans in Tehran, we were installing equipment in parts of the [nuclear conversion] facility in Isfahan. By creating a calm environment, we were able to complete the work there”.

Those words reinforce the point made by my hon. Friend the Member for Finchley and Golders Green (Mike Freer) that Iran may well be using the talks and the supposed rapprochement as a ruse to cover up the fact that it is quite close to developing a nuclear warhead but, critically, needs six to 12 months to finish its programme. What better way to ensure that it has the time and space to complete the manufacture of a nuclear warhead than to engage the international community in talks?

Shaker Aamer

Mike Freer Excerpts

Wednesday 24th April 2013 Westminster Hall

[Jane Ellison (Battersea) (Con)]

Good morning. I am pleased to open the debate under your chairmanship, Mr Robertson, and to welcome colleagues here to support this important debate. I thank everyone who signed the e-petition that helped to secure it and I am glad that we were able to do so so quickly after the e-petition hit the 100,000 signature threshold. I thank everyone who made that happen, including the hon. Member for North East Derbyshire (Natascha Engel), Chair of the Backbench Business Committee, the Speaker, and the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for North East Bedfordshire (Alistair Burt).

Guantanamo Bay, extraordinary rendition and the practice of effectively interning detainees without due process are wrong, and worse, a foreign policy disaster for our important ally, the United States. However, I am not here today to try to solve the problems of Guantanamo Bay or make general criticisms of US foreign policy—those debates are for another time. I am leading the debate with the sole aim of understanding what more the British Government and the US authorities can do to make the release of Mr Shaker Aamer, my constituent, and his return back to his family in London—the clearly stated policy of the British Government—more likely.

The debate has been given greater urgency by reports of a new round of hunger strikes, which started on 6 February, and conflicting information about Mr Aamer’s health. His US lawyer, Clive Stafford Smith, and the Foreign and Commonwealth Office have confirmed that Mr Aamer is one of at least 63 detainees involved in the hunger strike. From previous legal declarations made by Mr Stafford Smith following visits to his client in Guantanamo Bay, I understand that Shaker Aamer’s health was already poor and declining, even before the current round of hunger strikes began. Mr Aamer now fears that he will die in the camp, and his family and I, and many others, are extremely concerned for his physical and mental well-being. The US Under Secretary of Defence for Policy, James N. Miller, wrote to me on 26 February stating that Mr Aamer was in “good health”. The Minister wrote to me on 17 April telling me a US official had stated:

“Mr Aamer is in a stable condition”

and that

“he is being offered medical treatment”.

Mr Aamer’s lawyers have a long-standing request that the Foreign Office persuades the US authorities to allow an independent doctor to visit Mr Aamer in Guantanamo. It was arranged at Britain’s request for Binyam Mohamed, a former detainee and British resident. Will the Minister consider reinforcing that request?

Further to that, recent reports of US troops in riot gear assaulting the minimum security wing of the facility with batons and rubber bullets are particularly troubling. Mr Aamer reports to his lawyer that he is being “assaulted”, as he puts it, by the so-called forcible cell extraction team when he asks for anything, including his medication. I am concerned, and Parliament should be concerned, about the apparent disconnect between the various reports from Guantanamo Bay and what the US authorities say to our Government. Will the Minister comment on that?

Many people here will be aware of the details of Mr Aamer’s case, but for those who are not, a bit of background might be helpful. Shaker Aamer is a 46-year-old Saudi national and a permanent resident of the UK. He had permission to live in the UK indefinitely, based on his marriage to a British national. Mr Aamer has been held by the US Government, without charge, in the Guantanamo Bay detention camp for more than 11 years. He met his wife, Zinneera, in 1996 and started a family in London. His wife and four children, Johina, Michael, Saif and Faris—all of whom are British citizens—live in Battersea and are my constituents. His father-in-law, Mr Siddiqui, who started the e-petition, lives in Tooting, as do many of his supporters. The right hon. Member for Tooting (Sadiq Khan) is in his place; he cannot speak because he is a Front Bencher, but I am grateful for his support for the debate and for the ongoing campaign to free Mr Aamer.

In the summer of 2001, Mr Aamer went with his wife to Afghanistan. Shortly after, coalition forces entered the country. He managed to get his wife and children safe passage out of Afghanistan and they eventually arrived home. He had to separate from his family to protect them because, like many other foreign nationals, particularly Arabs, Mr Aamer was picked up by Afghan warlords and sold to the American forces, who were apparently paying thousands of dollars in bounties for anyone suspected of being an enemy combatant. After a short time at the detention facility in Kabul, he was transferred to the US Bagram airbase and then to the US Kandahar base, before being rendered to Guantanamo. He arrived at Guantanamo Bay on 14 February 2002, the day his youngest child, Faris, the son he has never met, was born in London. The explanation of why he was in Afghanistan is, in my view, beside the point. I have never met Mr Aamer and have never taken a view on why he was there. The fact remains that he languishes in Guantanamo Bay and has been there for more than 11 years without a charge being brought against him associated with his time in Afghanistan or any other period.

Shaker Aamer is one of the last 166 detainees still held at the facility, out of a total of 779 brought there from around the world from January 2002 onwards. He is Detainee 239. He has been cleared for transfer on two separate occasions by the US Government: in June 2007, when the Bush Administration conceded they had no evidence against him; and again in 2009, following the review of detainees initiated by President Obama’s Executive Order 13492, called “Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities”. It was headed by Special Envoy Daniel Fried and was one of newly elected President Obama’s first executive orders. The transfer clearance document issue to Mr Aamer in November of 2009 was explicit:

“On January 22, 2009, the President of the United States ordered a new review of the status of each detainee at Guantanamo. As a result of that review, you”—

that is, Shaker Aamer—

“have been approved for transfer out of Guantanamo. The United States Government needs to make appropriate arrangements for your transfer and this will require negotiation with countries where you could be possibly transferred. We cannot at this time give you a specific time for your transfer. The United States Government intends to transfer you as soon as appropriate arrangements can be made.”

The meaning of the document is clear: he was allowed to go to “countries”—plural, which is important—and it should happen as “soon as appropriate arrangements” could be made. The US now apparently says he has only ever been cleared for transfer to Saudi Arabia. That is not Mr Aamer’s wish, not least because it would mean abandoning his family in London. Three years on, of course, he has not been transferred anywhere: Mr Aamer remains in Guantanamo Bay. Rupert Cornwell, in The Observer, summed up the situation well when he said that

“even George Orwell would have been pressed to conceive the plight”

of Shaker Aamer and other detainees in his situation,

“cleared for release, but denied freedom”.

[Mike Freer (Finchley and Golders Green) (Con)]

I congratulate my hon. Friend on securing the debate, which is on a subject on which she has campaigned hard. I apologise that I need to step out for a meeting, but I will return for the rest of the debate. Does she agree that this detention without trial is a stain on a democracy? To hold an individual for that period without bringing charges is not acceptable and is akin to the treatment in Soviet gulags, which the Americans criticised throughout the cold war.

[Jane Ellison]

I could not agree more; it is exactly that. It is one of the distinguishing lines that we should draw between our mature democracies and those we have criticised over many years. For many decades, the west criticised the gulags of the Soviet era, yet we seem to have replicated them.

Middle East

Mike Freer Excerpts

Tuesday 20th November 2012 Commons Chamber

[Mr Hague]

There have been failings on all sides. I do not want to agree with everything that the hon. Gentleman has said. On other occasions, he has heard me criticise both the Israeli and the Palestinian leaderships from the Dispatch Box for their failure to make progress in the peace process. Many opportunities have been missed by both sides, but it is our job in the international community to try to bring them closer together and to ask for de-escalation rather than inflaming these situations. I will not, therefore, take up his invitation to go down a more dramatic rhetorical path.

[Mike Freer (Finchley and Golders Green) (Con)]

Given that it is firing missiles on civilians while hiding behind civilians, is it not Hamas that is guilty of war crimes?

[Mr Hague]

All these terms and accusations are flung around in the world and across the House, and the extreme feelings engendered by these situations are completely understandable. Indeed, we have referred several times to the targeting of civilians by Hamas, and to the way in which they have sometimes shielded themselves behind civilians. I stress, however, that our job now is to de-escalate and use the language of de-escalation, and to encourage that to happen over the coming hours.

UK-Turkey Relations

Mike Freer Excerpts

Wednesday 4th July 2012 Commons Chamber

[Richard Ottaway]

I am grateful for that intervention. In truth, the argument cuts both ways, and I will come to just that point shortly.

Former President Sarkozy was unequivocal in his opposition to Turkish membership. There are signs that President Hollande might be more open than his predecessor to the idea. Turkey’s ambassador to the EU has hinted that France will lift its block on the talks, and I also understand that President Hollande met Turkish Prime Minister Erdogan on the sidelines of the Rio+20 summit last month. Prime Minister Erdogan described the meeting as very good, and President Hollande has agreed to visit Turkey. The omens are promising, although a note of caution should perhaps be struck before we get too enthusiastic.

What sort of Europe would Turkey be joining? My Committee’s impression was that our Turkish partners felt that they could not contribute to discussions about the EU’s future direction unless and until they join it. In my opinion, Turkey should be involved in the discussion of matters that will affect it intimately. The Minister for Europe, who will reply to this debate, told the Committee, when he gave evidence to us, that Turkey was unlikely to join the EU before 2020, and Turkey has made it clear that it would like to be a member by the centenary of the republic in 2023. However, all bets are off on exactly what the EU will look like in 2023. I would be grateful if, in responding to this debate, the Minister gave us his assessment of the extent to which the change of leadership in France is likely to make any difference to Turkey’s accession process.

[Mike Freer (Finchley and Golders Green) (Con)]

Does my hon. Friend not agree that Turkey could never accede to the EU while it continues to occupy a fellow EU state militarily?

Israel and the Peace Process

Mike Freer Excerpts

Tuesday 27th March 2012 Westminster Hall

[Mike Freer (Finchley and Golders Green) (Con)]

This is the first time that I have spoken under your chairmanship in one of these debates, Mr Walker. I thank the hon. Member for Barrow and Furness (John Woodcock) for securing the debate. I must apologise; I cannot stay for the full debate because of other appointments.

This debate is an important step in rebalancing some of the discussions that Members have had in the House. The debate outside the House is fraught with difficulty and nuances, and it is important that both sides here get a fair hearing. Peace and the two-state solution can be achieved only by direct peace talks. I doubt whether any hon. Member would argue for a single-state solution—Palestinian or Jewish. One of the fundamental barriers to such talks is that Hamas, as part of the coalition that forms the Palestinian Authority, refuses to accept the Quartet principles, which are that the state of Israel be recognised, previous diplomatic agreements be abided by and parties renounce violence. Until Hamas accepts those principles, there can be no lasting peace in the region. There cannot be negotiation when one side at the table seeks to wipe the other off the map.

[Bob Stewart (Beckenham) (Con)]

A Member from Northern Ireland is here. The peace process there went ahead with the Provisional IRA still on active operations, so perhaps one of those principles is not sacrosanct.

[Mike Freer]

That, of course, is an interesting point of view, but the Governments were able to negotiate with parties that were willing to do so.

[Mr Nigel Dodds (Belfast North) (DUP)]

Will the hon. Gentleman give way?

[Mike Freer]

I will in a moment. I do not have any great knowledge of the Northern Ireland peace process. Perhaps my colleague, the right hon. Member for Belfast North does.

[Mr Dodds]

Before Sinn Fein was admitted to the talks in Northern Ireland, it had to sign up to the Mitchell principles, which were about decommissioning commitments, peaceful activities and a political way forward, so it was clear that it could not come to the table while still avowing terrorism.

[Mike Freer]

I thank the right hon. Member for that clarification. That is an amazingly pertinent point.

[Mr Lee Scott (Ilford North) (Con)]

Does my hon. Friend agree that the main difference between the two peace processes is that, to the best of my knowledge, Sinn Fein at no time called for the destruction of Northern Ireland?

[Mike Freer]

My hon. Friend makes a pertinent point. It is difficult to negotiate when one side simply wants to wipe the other off the face of the earth. Both sides will have to make difficult compromises. We have seen that in this country. In any conflict resolution, both sides have to make compromises, but so far the emphasis seems to be on asking Israel to make all the concessions.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

Does my hon. Friend agree that Prime Minister Netanyahu has repeatedly called for an immediate return to direct peace talks and has made a series of significant compromises and unprecedented gestures to the Palestinian Authority to encourage them to return to the table, but to no avail?

--- Later in debate ---

[Mike Freer]

My hon. Friend makes a good point. Prime Minister Netanyahu is often demonised. I have no doubt that he can be a forceful and difficult character, but would people not want their Prime Minister to be forceful and to stand up for their security when their country was in an almost permanent state of war and they were fielding suicide bombers and missiles fired into their territory?

The hon. Member for Barrow and Furness made the good point that we have to remember that Israel is a beacon of democracy in a part of the world where democracy is in short supply. Religious minorities of whatever shape or flavour have freedoms. Minorities have freedoms, to pursue their religion or their sexuality, and even to stand for Parliament. It does not really matter what shape, colour or religion someone is; they have the ability to follow their beliefs, and that is not seen elsewhere.

It is important to acknowledge that no democracy is flawless. Democracies always find unilateral concessions more difficult because public opinion must be taken into account; a dictatorship does not have to deal with a free press, a democracy or opinion polls. It is important to remember that Israel has a record of making concessions on land swaps for peace. I repeat: if peace and a two-state solution are to happen, concessions on both sides will be essential.

An independent Palestine can happen only through direct negotiations, with mutual respect, agreed borders and an agreement to end the conflict. The right hon. Member for Belfast North made a good point: negotiations cannot be entered into without the renunciation of violence in some shape or form. A deal is on the table, but the UK Government must ensure that both sides are asked to return to it without conditions and without one side being asked to concede all its leverage in advance. It takes two sides to negotiate, and Her Majesty’s Government must ensure that both sides return to the table and that both sides are treated equally.

Jerusalem (Humanitarian Issues)

Mike Freer Excerpts

Monday 26th March 2012 Commons Chamber

[Alex Cunningham]

It is clear that the world at large wants to do something about these issues, so why will the Israelis not let people in? What do they have to hide? I want an answer to that question, too.

The inequality of treatment of Palestinians’ claims is outrageous. They are legally barred from reclaiming property in West Jerusalem that they were forced to abandon, even if they still have the title deeds and the key to the front door. To ensure that Jerusalem can become the capital of Israel and Israel only, and to try to ensure that it never becomes the shared capital with Palestinians, Israel has used planning laws, home demolitions, settlement building, the wall and insecure residency rights, even as the international community, including the UK, the EU and America, has sat back, talked and done nothing practical to stop Israel. We all know about the influence of the US and of US and European aid to Israel. Why is no one taking action that will result in change?

Let me tell the House about Raya and Issam—two people who best illustrate the injustices faced by the Palestinian people. Raya lives in Jerusalem. Her husband, Issam, lives 15 minutes’ drive from the centre of Jerusalem in a village just outside the city limits in the west bank, but he cannot visit his children’s school and could not be with Raya in hospital when she had their baby, because his village is outside the city boundary. He says:

“It’s easier for me to go on holiday to Germany than it is to visit my children's school in Jerusalem.”

When they married, Issam applied for a family unification permit, so he could live with Raya in Jerusalem. The application cost him $5,000 in lawyer's fees, but was refused on the grounds that he worked for the Palestinian Authority five years earlier. The authorities also cited the fact that he had been in jail during the first intifada 20 years ago, despite his being there only for writing slogans and waving banners. Issam’s 15-minute drive has now turned into a two-hour nightmare, involving travelling by bus to Ramallah and waiting at the notorious Qalandia checkpoint twice a day to take the children to and from school, because an Israeli settlement has blocked the route from his village to Jerusalem.

As a brief aside, there are still 4,417 Palestinian political prisoners held in Israeli jails as of January 2012, including 310 people with indefinite detention without charge or trial, 170 children, 27 elected members of the Palestinian Legislative Council, and seven women.

It is on the record, from both Houses, that the UK has “made representations” month on month, year on year, to the Israelis objecting to increased settlements and home demolitions, making it clear that these actions are unacceptable, are illegal under international law and must stop, but what we are not told is how the Israelis reply, and we are never told of any positive outcome from these conversations.

Israel is accelerating the pace of settlement expansion, demolitions, expulsions and arrests in a way that makes the two-state solution increasingly unviable. Words are not enough; actions are clearly needed, and it is vital to demonstrate that breaches of international law have consequences, not only in diplomacy, but in the wider area of political and economic agreements.

[Mike Freer (Finchley and Golders Green) (Con)]

I understand the hon. Gentleman’s concerns about the two-state solution, but does he agree that until the Hamas element of the Palestinian Authority accepts the Quartet principles, there can be no negotiated peace process?

[Alex Cunningham]

There will always be issues associated with Hamas and various other groups, but tonight we are talking about basic human rights within the city of Jerusalem and it is time that some of them were restored.

There are three sensible measures that I am calling on the Government to consider. They should insist on guarantees that products manufactured in Israeli settlements reaching the UK do not benefit from preferential treatment under the EU-Israel Association Agreement. Where there is any doubt that the goods originate from Israel’s side of the green line, they should not benefit. It is astonishing to me that not only do we not financially penalise these settlements of which we disapprove so vehemently, but as taxpayers we subsidise their activities.

Israel

Mike Freer Excerpts

Wednesday 14th December 2011 Westminster Hall

[Guto Bebb]

That is, indeed, one of the questions I was going to put, but now that my hon. Friend has made the point I am sure that the Minister will respond to it.

The 2005 decision to pull out of Gaza was met not with a break in hostilities but, rather, with continued attacks on Israel from Gaza. The situation in Gaza is a crisis and is unacceptable, but it is also unacceptable that a state such as Israel faces attacks from land from which it has withdrawn. It is important to point out, when the issue of settlement is discussed, that the Israeli leadership expended significant political capital in pulling out of Gaza. The decision to uproot settlers from Gaza was right, but we should not underestimate the political capital that the Israeli Government lost in making it.

[Mike Freer (Finchley and Golders Green) (Con)]

I am grateful to my hon. Friend for obtaining this important debate. It is important that we have balanced debate on the peace talks. Does he agree that a strong Prime Minister goes into negotiations defending the national interest with clear red lines and that that is the secret to good negotiation? Asking one side to give up all its bargaining chips, such as settlements, in advance of negotiations, is clearly nonsense.

[Guto Bebb]

I tend to agree. I thought for a second, when I heard about a strong leader and red lines, that we were back in the Democratic Unionist party debate on Europe; so, yes, I agree entirely.

In addition to what happened in 2005, another offer was made in 2008, which would have resulted in 93% of the land mass of the west bank and Gaza being available for a viable Palestinian state, including a land link between them, which is critical. Again, that was rejected by the Palestinian Authority. I am not here to demonise the Palestinian Authority, but they must be partners for peace, and I have given three examples from the past decade when a partner for peace was not there.

Oral Answers to Questions

Mike Freer Excerpts

Tuesday 25th October 2011 Commons Chamber

The Secretary of State was asked—

[Mike Freer (Finchley and Golders Green) (Con)]

1. What assessment he has made of the economic situation in the Palestinian territories; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Alistair Burt)]

May I first offer the apologies of the Foreign Secretary to the House? As I think the House knows, he is on his way to Australia—not, this time, to liberate it or meet a new regime but to attend the Commonwealth Heads of Government meeting. I am sure we all wish him well.

There has been growth in the occupied Palestinian territories over the past couple of years, variously rated at between 6% and 10%. Things are easier in the west bank than in Gaza, but the United Kingdom has been supporting economic development in both areas.

[Mike Freer]

Will my hon. Friend update the House on what steps have been taken, and what more can be done, to increase the flow of goods into the Palestinian territories?

[Alistair Burt]

Last year, following the difficulties over the flotilla, Israel moved from having a list of 120 goods that were allowed in to a less restrictive list. Efforts have been made to ease the amount going in, but more can still be done. For instance, 18 times the amount of concrete that goes into Gaza legitimately goes in through the tunnels, thus losing revenue and not providing the support that is needed for the construction of schools and so on. There is more to be done, and we press Israel to ease the restrictions still further for political and economic reasons.

--- Later in debate ---

[Alistair Burt]

The hon. Gentleman might be referring to the attacks of 9 October, which were particularly serious. They were indeed commented on and raised by my right hon. Friends the Foreign Secretary and the Deputy Prime Minister. The precise circumstances are unclear, but the Egyptian authorities have said that they will hold an inquiry to find out what happened. I return to my previous answer: the Egyptian authorities are very clear in words about the protection of all elements of the community in Egypt; it is essential that their authority carries through to deeds and that those who wish to see harmony support the authorities in ensuring that that happens.

[Mike Freer (Finchley and Golders Green) (Con)]

T7. The forthcoming Commonwealth Heads of Government meeting is an opportunity to raise the persecution of gay men and women—indeed, all minorities. What steps can the Minister take to promote equality and tolerance?

[Mr Bellingham]

I agree with my hon. Friend. CHOGM is an opportunity to ensure that the Commonwealth becomes a stronger force for promoting democratic values, human rights, the rule of law and, of course, equality and tolerance. That is why we warmly welcome the recommendations of the eminent persons group and the ministerial action group.

Missing Persons (Cyprus)

Mike Freer Excerpts

Wednesday 13th July 2011 Westminster Hall

[Mike Freer (Finchley and Golders Green) (Con)]

This is the first time that I have spoken under your chairmanship, Mr Weir, and I look forward to this afternoon’s debate.

I start by saying what the debate is not about. It is not about the politics of the continued division of Cyprus, nor is it about the rights and wrongs of Turkish troops continuing to occupy part of a European Union member state. It is about the humanitarian issue of families seeking closure on the fate of missing relatives.

It is 37 years, almost to the day, since Turkey invaded Cyprus. Cypriots, both Turkish and Greek, were involved in the fighting. Many were captured and never seen again. Even today, about 1,500 people are still unaccounted for. Young army conscripts of the Cypriot national guard, reservists and civilians, including women and children, are among their number.

Families have a right to know what happened, whether their relatives are dead and, if so, where their graves are to be found. If those people are dead, why cannot the location of their remains be disclosed and their remains returned? What about those imprisoned in Turkey? Could they still be alive after 37 years and still be in prison? If those who were imprisoned in Turkey are dead, where are they buried?

What about the missing children, such as Christaki Georghiou, the brother of Mrs Hatjoullis, a constituent of mine? He was last seen alive at the age of five in 1974 being taken away by a doctor at a hospital controlled by the Turkish army, but the press recently reported that he is still alive. Do the families not have a right to know? How many other children might have been placed with Turkish families and still be alive in mainland Turkey?

The tragedy of missing persons is a humanitarian problem with implications for human rights and international humanitarian law. The Cypriot Government comply with efforts to identify the missing on both sides, and it is time that Turkey followed suit. The organisations involved in locating and identifying the missing should have full access to the archives of all organisations, both civilian and military. To date, Turkey has refused to allow the International Commission on Missing Persons access to military bases. That is despite the commission operating under careful supervision under the auspices of the United Nations.

The right of family members to know the fate of their missing relatives, including their whereabouts and the circumstances and causes of their disappearance, is a humanitarian matter. The obligation to carry out an effective investigation into the circumstances surrounding a disappearance is required by international human rights law and international humanitarian law. When focusing on the humanitarian dimension of missing persons in armed conflicts, it is necessary to bear in mind that cases of missing persons can sometimes constitute criminal offences, including war crimes or crimes against humanity. Perhaps that is why Turkey is dragging its feet.

States should ensure the effective investigation and prosecution of all human rights violations linked to missing persons. Turkey continues to flout international law. I know that Turkey claims that the Republic of Cyprus is not co-operating, but I do not believe that to be true. Turkey has repeatedly been found in breach of articles 2, 3 and 5 of the European convention on human rights.

In the case of Cyprus v. Turkey 10 May 2001, the European Court of Human Rights examined Turkey’s obligation to protect the right to life under article 2 of the convention, reading it in conjunction with the state’s general duty under article 1 to

“secure to everyone within its jurisdiction the rights and freedoms defined in the conventions.”

The court confirmed that

“this requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force by agents of the State”.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

I congratulate the hon. Gentleman on securing this extremely important debate. Will he confirm beyond any shadow of doubt that the campaign for missing persons covers both Turkish and Greek Cypriots and that it is not one or the other?

[Mike Freer]

The hon. Gentleman makes a good point. The Committee on Missing Persons, which the EU generously funds—that is why its effectiveness should be a matter of grave concern for our Foreign Office—investigates the cases of both Turkish and Greek Cypriots who are missing. It makes no distinction between the two, and it is important to put that on record.

[Nick de Bois (Enfield North) (Con)]

I congratulate my hon. Friend on securing this debate. This issue affects families right across the island. Does he not think that with the right level of commitment and a speedy resolution, massive confidence-building measures could be delivered for the future?

[Mike Freer]

My hon. Friend makes a good point. This is not specifically about the politics of the negotiations over the reunification of Cyprus. Both sides in that negotiation are looking to build confidence. There could be no better confidence-building measure than the return of the remains of the 1,500 missing people or information on what happened to them.

[Sir Alan Meale (Mansfield) (Lab)]

I congratulate the hon. Gentleman on acquiring this debate. He has shown by his knowledge of the Cypriot problem and by his advocacy on this matter, which is heard in the House time and time again, how good a representative he is for the area. I have known about the case of the Georgiou boy for many years. As the hon. Gentleman has said, he is just one of many people who are missing, more than 500 of whom are the relatives of British citizens. Will he comment on how difficult it seems to be for the President of Cyprus to obtain regular meetings in the UK with the British Government? For the life of me, I cannot understand why that should be so difficult, particularly because we are a guarantor power and have bases there and because more than 70,000 British citizens live on the island.

[Mike Freer]

The hon. Gentleman has made an extremely strong point. It is disappointing that the Foreign Office, in seeking to be even-handed, has forgotten that on this particular issue we cannot be even-handed. We wish to see equal treatment, but we have a duty to British citizens and the descendants of British citizens lost in the conflict. Indeed, the issue also affects hon. Members. My hon. Friend the Member for Dudley South (Chris Kelly), who has apologised for not being able to attend today’s debate, wanted to speak, because his mother lost four cousins in the conflict. I urge the Minister to take the cross-party views very seriously and try to apply further pressure to resolve this matter.

--- Later in debate ---

On resuming—

[Mike Freer]

I was talking about the decision in the European Court of Human Rights case of Cyprus against Turkey of 10 May 2001. In fact, the Court’s judgment stated:

“The Court cannot but note that the authorities of the respondent State”—

that is, Turkey—

“have never undertaken any investigation into the claims made by the relatives of the missing persons that the latter had disappeared after being detained in circumstances in which there was real cause to fear for their welfare.”

[Sir Alan Meale]

Bearing that in mind and the fact that Cyprus has the presidency of the Council of Ministers, would it not be appropriate to ask the Minister if he would ask—in his good time—for this issue to be pushed back on to the agenda of the Council of Ministers, to give it more force than it has had in recent times?

[Mike Freer]

The hon. Gentleman makes a good point. I am sure the Minister heard his intervention and will seek to address that point in his remarks.

I want to return to the role—or lack of—of the Turkish forces. The ECHR judgment continued:

“No attempt was made to identify the names of the persons who were reportedly released from Turkish custody into the hands of Turkish-Cypriot paramilitaries or to inquire into the whereabouts of the places where the bodies were disposed of. It does not appear either that any official inquiry was made into the claim that Greek-Cypriot prisoners were transferred to Turkey.”

[Ian Lavery (Wansbeck) (Lab)]

Like others, I congratulate the hon. Gentleman on securing such an important and emotive debate. He mentioned Cypriot prisoners in Turkish prisons. Has he any idea what percentage of the 1,500 could still be in prison in Turkey?

[Mike Freer]

The hon. Gentleman makes a good point about the numbers. There is no definitive answer, because the Turkish will not release that information. It is estimated that between 500 and 800 people were imprisoned in Turkey. The whereabouts and fate of those people remain unknown.

We talked about the Court’s determination of article 1. The Court also concluded that there had been a

“continuing violation of article 2, on account of the failure of the authorities of the respondent state to conduct an effective investigation aimed at clarifying the whereabouts and fate of Greek-Cypriot missing persons who disappeared in life-threatening circumstances.”

I appreciate that hon. Members may think that the use of words in some of these articles—2 and 3; and 5, which I will talk about—constitutes shades of grey. However, it is important in establishing a pattern of behaviour that unfortunately, Turkey is repeatedly failing to comply with those various articles.

In dealing with article 2, the Court stressed at the outset that

“the unacknowledged detention of an individual is a complete negation of the guarantees of liberty and security of the person, that is contained in article 5 of the convention and [is] a most grave violation of that article. Having assumed control over a given individual, it is incumbent on the authorities to account for his or her whereabouts. It is for this reason that article 5 must be seen as requiring the authorities to take effective measures to safeguard against the risk of disappearance and to conduct a prompt and effective investigation into any arguable claim that a person has been taken into custody and not seen since.”

The Court referred to the irrefutable evidence that Greek Cypriots were held by Turkish or Turkish Cypriot forces without keeping appropriate records. From any humanitarian point of view, that failing cannot be excused. Confusion during a conflict is not an excuse. Fighting during a conflict is not an excuse. The absence of information and the deafening silence from Turkey have made it impossible to allay the concerns of the relatives of the missing persons about their fate. There has been no official reaction to new evidence that Greek Cypriot missing persons were taken into Turkish custody. The Court concluded that there has been a continuing violation of article 5, because Turkey has continued to fail to respond or to conduct an effective investigation.

The lack of an investigation by Turkey into the fate of those who went missing has condemned relatives to live in a prolonged state of acute anxiety. Time has not lessened that anxiety, as anyone who has met the relatives can testify. I have many times been to the green line in Cyprus and met relatives, and I can testify to the daily heartbreak that the mothers, fathers, brothers and sisters still endure. No one who has visited and walked up to the buffer zone and met the families, with the pictures around their necks, can fail to be moved by the anxiety and stress the relatives continue to endure. The memories remain vivid in the minds of the relatives, and they endure the agony of not knowing whether family members were killed in the conflict or are still in detention, or, if detained, have since died. The families just want to know what has happened; they want to be able to grieve and to lay their relatives to rest.

The provision of such information is the responsibility of the authorities of the respondent state, and that is Turkey. It has been found to be consistently unco-operative. The silence of Turkish authorities has been classified as inhuman treatment within the meaning of article 3. The Court of Human Rights found no indication that the Committee on Missing Persons is going beyond its limited terms of reference. That committee works under very careful supervision.

It is important to stress that the search for information by the relatives of Greek Cypriot missing persons is not partisan. In fact, the Secretary-General of the United Nations said:

“Determining the fate of missing persons occupies an increasingly prominent role in peace-making...and post conflict peace-building. Handled properly, it can build trust and promote reconciliation…The Committee on Missing Persons in Cyprus has been a model of successful co-operation between the Greek-Cypriot and the Turkish-Cypriot communities.”

This humanitarian issue must be resolved and, although the resolution should not be mired in the political solution, there is inevitably some linkage. If we are to see a re-united Cyprus, both Turkish Cypriots and Greek Cypriots have to have trust and faith in each other. If Turkey is to take its place in the EU, it must be seen to be open, transparent and democratic. A transparent return and identification of the missing would be a welcome confidence-building measure. The UK and the EU have significant influence. We contribute handsomely to the work of the Committee on Missing Persons, but Cypriots are EU citizens, and as such, member states have a duty to intervene. We intervene and apply pressure throughout the world; we must do more on our own European doorstep.

Mr Weir, thank you for giving me the opportunity to raise the concerns of many of my constituents. My constituency has a very large Greek Cypriot community, and it has been my privilege to raise its concerns today.

Oral Answers to Questions

Mike Freer Excerpts

Tuesday 1st February 2011 Commons Chamber

[Alistair Burt]

The hon. Lady takes a close interest in these matters, and she will appreciate that the resolution to the question of Jerusalem’s status will come about only through a negotiated settlement. We are working very hard with both sides. I was in Israel and Palestine recently, talking to Ministers there, as was my right hon. Friend the Foreign Secretary. We have also been working with other partners behind the scenes to try to ensure that there are no obstructions to a return to negotiations, and that the settlement issue is not a barrier to those discussions. There are other issues relating to borders, refugees and Jerusalem that must be discussed, and the sooner the parties get together, the better.

[Mike Freer (Finchley and Golders Green) (Con)]

12. What discussions he has had with his EU counterparts on the disruption of a Christmas day service in Rizokarpaso, Cyprus.

[The Minister for Europe (Mr David Lidington)]

We have not had discussions in an EU context on this deeply regrettable incident, but my officials in Nicosia have met Archbishop Chrysostomos and made representations to senior political figures in the north of the island to emphasise the importance that we accord to allowing people in all parts of Cyprus to practise their religion freely.

[Mike Freer]

I thank the Minister for those words on the unacceptable behaviour of Turkey’s troops in disrupting a Christmas day mass. Does he agree that Turkey should not be allowed to accede to the EU without guaranteeing religious freedoms?

[Mr Lidington]

Any candidate country that wants EU membership has to subscribe to, and apply, the democratic values that are central to the European Union, including the freedom to express religion and to worship freely.