British Nationals Detained Overseas

Rushanara Ali Excerpts

Tuesday 5th September 2023 Westminster Hall

[Ms Rimmer]

I agree with my hon. Friend; of course we should be doing that. It is about justice, not rigged justice.

The use of foreign lawyers by both prosecution and defence is a long-established tradition in Hong Kong. Only last month, the Foreign Secretary met the Chinese Vice-President, Mr Han, known as the architect of China’s crackdown in Hong Kong. The Foreign Secretary raised the case of Mr Lai, but did not go far enough. It is British values that are on trial: the values of freedom and democracy, which we signed a treaty to uphold. The Prime Minister should raise this with the Chinese regime at the highest possible level.

Cases of British citizens being detained abroad are not limited to the middle east and Asia. In 2021, Mr Nnamdi Kanu, a British citizen, was abducted by Nigerian security forces in Nairobi, Kenya. Since his detention, he has been subjected to torture and many other unpleasantries. A United Nations Human Rights Council report released a damning assessment of the Nigerian Government’s treatment and called for his immediate release.

My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) has worked tirelessly on behalf of Mr Kanu and is urging the Foreign Secretary to do more to secure his release. Nigeria is a Commonwealth nation that receives tens of millions in UK aid; it is one of the biggest beneficiaries. As part of that aid support, there must be a commitment to human rights and upholding the right to a fair trial. Mr Kanu must be given access to a fair and due process. A British citizen travelling on a British passport should not be kidnapped in a third country and dragged to a Nigerian prison. The Government need to get much tougher.

Another case I will raise is that of Alaa Abd-El Fattah, a British-Egyptian activist who was detained in Egypt. Once again, he has been detained and denied fair and due process. He even took to hunger strike in prison to protest against his treatment. The Egyptian authorities also denied his British citizenship and refused British consular support. Our Government need to insist that Mr Abd-El Fattah gets that assistance.

Only this week, the Foreign Office was told by the parliamentary ombudsman to make a formal apology to Matthew Hedges, who was accused of spying and tortured in the United Arab Emirates. The Foreign Office failed to do its duty to Mr Hedges, a British citizen being tortured by a country we consider one of our closest allies in the region. The chief executive of the ombudsman’s office, Rebecca Hilsenrath, described Mr Hedges’ experience as a “nightmare” that was

“made even worse by being failed by the British Government.”

Quite frankly, that is not good enough, and it calls into question whether the current guidelines need reviewing.

The cases that I have raised are examples. There are many others that I could have gone into, and I am sure that other colleagues present may well do so. I appreciate that these cases are often complex and no country is the same when it comes to Foreign Office engagement. However, there is much more we can do, especially with countries that we financially support. We can also work with our allies to take a much tougher stance on state hostage taking in countries such as Iran.

Many British citizens detained abroad do not even get the necessary consular assistance. That is why Labour is looking to introduce a legal right to consular assistance, which I am sure that the shadow Minister, my hon. Friend the Member for Hornsey and Wood Green (Catherine West), will go into in further detail. Consular support to British citizens must be a given. After all, it is the first duty of Government to look after their citizens.

[Rushanara Ali (in the Chair)]

I remind all hon. Members who wish to speak to bob. I call Daniel Kawczynski.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

Thank you, Ms Ali, for calling me to speak in this debate. I very much agree with the comments of the hon. Member for St Helens South and Whiston (Ms Rimmer) about the importance of how a country supports its citizens overseas when they are in distress, in particular in prisons. I congratulate her on securing this important debate.

I will speak briefly on behalf of my constituent, Saiful Chowdhury, who is a leading member of the Muslim community in Shrewsbury and does a great deal to support our mosque. He contacted me because of his two cousins, Murad Rahman Khan and Yadur Rahman Khan. They were at the airport in Dubai in February 2023, trying to secure a wheelchair for their elderly mother. They were travelling as a family, with their elderly mother and their children, on holiday in Dubai. They tried to secure a wheelchair because their mother had difficulties walking, but the staff were unhelpful, rude and confrontational.

Unfortunately, that led to a verbal confrontation between the two British citizens and the airport staff, resulting in them being convicted to a six-month jail sentence. They are appealing, but their passports have been stamped to prevent them from leaving the United Arab Emirates. They are in a hotel at their own expense. They have spent thousands and thousands pounds already on accommodation since February, while they wait for their court process to be concluded.

The Minister is a very good and responsive Minister, and I would like him to take a particular interest in this case. The reason why I feel compelled to raise it is that some of the allegations put forward include no CCTV evidence being presented to the court. The defendants are keen for that to be shown to demonstrate that the altercation was purely verbal, rather than physical in any way, and yet the authorities refuse to allow CCTV evidence from the airport. That is the allegation. Another concern relates to the repeated refusal of the Emirati authorities to facilitate ongoing and effective dialogue and communication with the defendants, our British embassy officials and indeed their lawyers. My concern is also about the length of time taken to date.

The hon. Member for St Helens South and Whiston mentioned the United Arab Emirates as one of our closest partners in the middle east. I would go further: it is the closest British ally in the middle east. We have extensive commercial and political links with the Emiratis. I am extremely concerned to hear about this case, and I will give the Minister the details, via his Parliamentary Private Secretary, the hon. Member for Truro and Falmouth (Cherilyn Mackrory). I will be extremely grateful if the Minister could look into it. I will also send a link to the debate to our British ambassador in the United Arab Emirates. I will be grateful to the Minister for any support that he can give to Mr Saiful Chowdhury, my constituent, who was clearly extremely concerned as to the welfare of his cousins and about the impact not just on them, but on their elderly relatives and children, who have come back to the United Kingdom and are separated from their loved ones.

[Rushanara Ali (in the Chair)]

I call Sir Chris Bryant.

--- Later in debate ---

[Martin Docherty-Hughes]

Very quickly—I am conscious of time.

[Rushanara Ali (in the Chair)]

Order. The hon. Gentlemen should wind up.

[Martin Docherty-Hughes]

I could talk for three hours about this subject, which is very close to my heart and my constituents. I will sum up by referring to those words on the passport—and I hope the Minister takes note. This Government, and the one that is about to replace it, need to do much more to ensure that holders of that document receive

“such assistance and protection as may be necessary.”

That means funding consular services properly. To lead is to choose, and, frankly, they have chosen badly.