UK Nationals Imprisoned Abroad

Tom Brake Excerpts

Tuesday 20th December 2016 Westminster Hall

[Tom Brake (Carshalton and Wallington) (LD)]

I beg to move,

That this House has considered the case of Andy Tsege and other UK nationals imprisoned abroad.

It is a pleasure to see so many hon. Members here today. I will try to limit my remarks to 20 minutes. I was informed yesterday that only three Members had put their names in to speak, so I do not know how many Members present intend to do so. Clearly, I welcome the opportunity for the debate and thank the Backbench Business Committee for providing time for it.

During this festive period, hundreds of thousands of British citizens will be travelling home to their families or going on holiday for a break. People would expect such a trip to be uneventful. Why would anything go wrong? However, for some British citizens, what happened while they were travelling abroad has turned their lives upside down in a way that many of us could not begin to comprehend.

Two prominent examples of that are Andy Tsege and Nazanin Zaghari-Ratcliffe. Both are British—Nazanin is a dual national—and were arrested by foreign authorities and imprisoned without access to a fair trial. Andy was kidnapped by Ethiopian agents at Sana’a International airport in Yemen, with the Yemeni authorities stating that his detention had not occurred pursuant to any judicial process. Nazanin, whose two-year-old daughter was with her, was arrested while leaving Iran. The ordeal that both Andy and Nazanin have since faced is truly shocking, and on top of the injustice of their detention, their daily lives have been subjected to gross human rights violations.

In the time permitted, I will concentrate on the cases of Andy and Nazanin. A longer debate would of course have allowed the cases of prisoners of conscience of all nationalities, held around the world, to be raised, and many organisations have contacted me since this debate was allowed in order to draw attention to such cases. For instance, Ali al-Nimr is spending his 22nd birthday in prison in Saudi Arabia. His crimes were participating in a demonstration,

“explaining how to give first aid to protestors”

and using his BlackBerry to invite others to join him at the protest.

There is also the case of Nabeel Rajab, whose trial has been delayed for the fifth time and who is expected now to be sentenced on 28th December. That is perhaps a diversionary tactic because there may be less attention on his case as festive celebrations get under way. He is a Bahraini human rights activist and opposition leader. That case is of particular interest to the UK, because of the funding from the UK that is going into training and supporting the security and justice systems in Bahrain.

There is also the case, drawn to my attention just yesterday, of a dual UK-Lebanese citizen detained in Israel. The release of Mr Faiz Mahmoud Ahmed Sherari has been ordered by a military court in Israel, but as far as I am aware he has not been released.

I would also like to use this opportunity to raise the case of the Ahmadiyya Muslim community. I know that many hon. Members here today have raised concerns about the pressures that that community are under in different countries around the world—perhaps most prominently in Pakistan, but also, I understand, in Algeria.

Today, however, I will concentrate on Andy and Nazanin. This will be the third Christmas that Andy has spent alone in a prison—he is now in a prison notorious for being Ethiopia’s gulag. He has not been able to speak to his partner and children in London for two years and has had no private access to British consular officials, leaving him unable to describe freely the treatment that he has received at the hands of his jailers.

Nazanin has been held, mostly in solitary confinement, for more than nine months. Her husband has campaigned tirelessly back in London for the UK Government to call for her release. It is still unclear whether the Government have done that. I hope that when the Minister responds, he will be able to clarify that. Have the Government actually called for her release? Her husband says that she has been at breaking point. She is currently allowed to see her daughter only for one hour each week in prison. Her daughter remains trapped in Iran, unable to see her father. Furthermore, representatives of both Andy and Nazanin have repeatedly raised serious concerns about their health.

[Andy Slaughter (Hammersmith) (Lab)]

The right hon. Gentleman is making an excellent speech. He raises the point about what our Government have done. In the case of Andy Tsege, I do not think it is in dispute that he was rendered unlawfully and was tried in absentia, and we would not recognise those processes. Does the right hon. Gentleman not think it extraordinary, therefore, that the Government have not even requested his release?

[Tom Brake]

I do indeed. What the Government are trying to initiate, which I will come on to shortly, is providing Andy Tsege with a lawyer, but as I understand it, he has no right of appeal in Ethiopia, and therefore providing him with a lawyer does not seem to be of great use.

The mistreatment of British citizens imprisoned abroad is unacceptable in all cases, regardless of what crime has been committed, yet in these cases the astounding truth is that it is clear that Andy and Nazanin are being held unlawfully. Attached to Andy’s name was a conviction and death sentence, after a trial in absentia, which was condemned throughout the world. Although Andy was previously prominent in Ethiopian politics, no country other than Ethiopia had found evidence, at the time of his kidnapping, that the political organisation with which he was involved had conspired to commit acts of terrorism.

Nazanin was recently sentenced on charges that remain secret, despite her previous employment in Iran as an aid worker. The simple fact is that if these British citizens are not going to be charged with an offence recognised internationally, they should be released immediately so that they can spend Christmas at home, safe with their families, who want nothing more than for them to be at home and for their lives to return to normality.

Yesterday, a representative of Reprieve and I met the Ethiopian ambassador about Andy’s case. We are grateful to His Excellency and the Minister responsible for public diplomacy for their time. We are aware that last Thursday—15 December—Andy received a consular visit. However, like all the other consular visits, that visit was supervised by the prison authorities. As I stated, Andy has never met consular officials in private. We understand that during the visit the UK ambassador told Andy that the UK may have found a lawyer to help him to

“assess his options under the Ethiopian legal system.”

Unfortunately, that does not, in my view, demonstrate progress on his case. First, the UK Government’s approach to this case appears to ignore the fact that Andy is the victim of a series of crimes and is not a criminal. The UK Government’s failure to condemn the series of abuses that Andy has suffered and continues to suffer at the hands of the Ethiopian regime signals that foreign Governments can ignore international law and kidnap British citizens at will.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I declare an interest as chairman of the all-party parliamentary group on Ethiopia and Djibouti. The right hon. Gentleman has repeatedly referred to Mr Tsege’s “kidnapping”. Does he have any evidence that that was a kidnapping? Does he have any statements provided by the Yemeni Government to that effect? I ask because obviously that is not what the Ethiopians are saying. If the right hon. Gentleman does have such evidence, I am happy to help him with the case as far as that goes.

[Tom Brake]

My understanding is that the Yemenis have stated that the process of getting Mr Tsege from Yemen to Ethiopia did not follow a judicial process that they recognised. Furthermore, as the hon. Gentleman may be aware, the UK Government have repeatedly asked for a copy of the extradition treaty that apparently exists between Yemen and Ethiopia and, as far as I am aware, that has not been provided. I hope that that might provide sufficient evidence for him to want to investigate the matter further.

In addition, the UK Government’s strategy of focusing on access to a lawyer in this case is unworkable for a number of practical reasons. There is no legal conviction and sentence to appeal. Andy was convicted and sentenced to death illegally in 2009, while living in London with his family. The trial was described by a representative from the US embassy in Addis Ababa as “political retaliation” and

“lacking in basic elements of due process”.

I maintain that Andy was abducted in 2014 amid a sweeping crackdown on opposition voices. There was no lawful basis for Andy’s rendition from Yemen to Ethiopia, and he has not been charged with any new offence.

[Dr Tania Mathias (Twickenham) (Con)]

Does the right hon. Gentleman agree that UK Governments—this Government and previous ones—have been too slow to criticise rendition, especially when rendition has been on the British Indian Ocean Territory?

[Tom Brake]

I entirely agree with the hon. Lady’s intervention. Rendition, and the UK’s involvement in it, is a black mark on our past. I hope that the UK Government will now fight it at every opportunity, including in this particular case.

[Bob Stewart (Beckenham) (Con)]

I congratulate the right hon. Gentleman on securing this debate. I am slightly confused by this. Do the Yemeni Government accept that they knew that Andy was being removed from their territory, or do they say that it was done secretly without their knowledge?

[Tom Brake]

At the risk of repeating myself, the information I have is that the Yemeni authorities clearly know that he was taken from there but have stated that they believe that no judicial process was followed to extract him in that way. That would imply that if there was an extradition treaty in place between Yemen and Ethiopia, it was not actually used as a means of extracting him from that country. Perhaps when the Minister responds he will give us some more detail on what he believes the position to be.

[John Penrose (Weston-super-Mare) (Con)]

The right hon. Gentleman is being very generous in giving way, and is laying out his case carefully and strongly. I congratulate him on securing this important debate. May I pursue this question? He has already stated that Mr Tsege may quite possibly have been the victim of a crime or of several crimes. If no judicial process was applied in the rendition from the airport in Yemen, does that imply that there could have been an official but non-judicial process? Could there have been some sort of official complicity among Yemeni authorities as well, in which case should we be aiming fire at their potentially having committed crimes against Mr Tsege?

[Tom Brake]

That is a very helpful intervention, and the hon. Gentleman has highlighted an area that requires pursuing. When we had the meeting with the Ethiopian ambassador yesterday, he implied that in the past there have been arrangements between the Yemenis and the Ethiopians and that perhaps those arrangements were used, as opposed to there being a formal extradition process. Yes, we might well want to question the involvement of the Yemeni authorities.

What is clear is that had the Ethiopian Government wanted to extradite Andy lawfully, they could have made a request for his extradition from the UK authorities—although I understand that there is currently no formal extradition agreement between the UK and Ethiopia. I believe that no such request was made and, as far as I am aware, the UK Government have been provided with no evidence of Andy’s so-called terrorist activities. I understand that the UK Government are apparently being encouraged to follow—this is the description from the Ethiopian ambassador—the open trial process that found Andy guilty in absentia as their means of obtaining information, rather than necessarily expecting it from the Ethiopian Government directly.

The Ethiopian Government have publicly confirmed, on a number of occasions, that there are no legal options open to Andy. Most recently, at the meeting yesterday it was confirmed that he cannot appeal his sentence because he was absent from his trial. A plea for clemency to the Ethiopian President may be possible, and I look forward to some information that we were offered at that meeting about how such a plea could be initiated.

I maintain that access to a lawyer will not achieve justice for Andy. By continuing to pursue an unworkable strategy, the UK Government are not living up to their duty to protect British citizens facing the death penalty overseas. On that point, we got a degree of reassurance from the Ethiopian ambassador that Ethiopia does not apply capital punishment, although he did set out a couple of exceptions to that rule, so it was half reassuring and half not.

Andy’s most recent consular visit also highlighted continued failures by the Foreign and Commonwealth Office in handling his case. For instance, although the FCO has continuously claimed, and represented to a UK court, that Andy could call his partner and children whenever he wanted to, the prison director informed the ambassador at the latest visit that

“prisoners cannot make phone calls.”

That, too, was confirmed in the meeting with the Ethiopian ambassador yesterday. Thus Andy is not—and, as far as I am aware, never was—able to call his family, so his children face the third Christmas in a row without any contact with their father. He does not even have a pen and paper to write them a Christmas card. Given the fairly significant failures in this case and the way that it has been managed, I hope that the Minister will be willing to conduct a meaningful review of the Government’s approach, because I do not think that approach is delivering.

What more can be done to help Andy and Nazanin? Although hundreds of thousands of people have supported petitions and campaigns, in partnership with the tireless advocacy work of groups such as Reprieve and Amnesty International, ultimately it is the Ethiopian Government, the Iranian Government and our Government who have the most influence and leverage. To the Ethiopian authorities, I make a simple plea: let Andy make that call before Christmas. He has had two years without contact with his wife or children, and that can stop very easily if the Ethiopian authorities permit it.

To the Iranian authorities, pending Nazanin’s release, which I hope will be soon, I say: allow for visits for her young daughter involving extended contact, and in a suitable environment, taking account of the best interests of the child in line with the provisions of the convention on the rights of the child, which I am pleased that Iran has ratified. There is not time to raise the case of Kamal Foroughi in any detail, but I hope that other Members may refer to his case as well.

What should the UK Government do at this point? They need to call openly and loudly for Iran and Ethiopia to free Nazanin and Andy respectively. I believe that the weight of the Prime Minister calling for their release would be significant and set a strong tone that the UK does not stand by and let its citizens face appalling treatment, trapped in prisons, thousands of miles from their homes. We have seen the US and Canada—and the UK previously—secure the release of their citizens after publicly raising calls for the release of their nationals imprisoned unlawfully abroad. Yet the UK Government appear reluctant to do the same now.

The FCO stresses the work that it does for the families of Andy and Nazanin, and says that it repeatedly raises their cases with the respective Governments. However, all it appears to be doing is acquiescing in the dubious charges imposed on them by saying that it will not get involved in the legal system of another state, despite those legal systems being grossly, and so obviously, unfair. I am familiar with that argument—all too familiar with it—in relation to the constituency case of Neil Juwaheer, whose parents believe was murdered by Brazilian police in a Brazilian police station.

If we were to get just one official public statement from our Prime Minister unequivocally calling for Andy’s and Nazanin’s release, and for the release of other British nationals imprisoned unlawfully abroad, that would convince the public that our Government will stand up for their citizens and would send a strong and unequivocal message to foreign Governments. My call is for the Prime Minister, the Government and the Minister to give Andy and Nazanin’s families some seasonal comfort over the next week—pick up the phone, issue a statement and call for their release.

--- Later in debate ---

[Tom Brake]

I thank all hon. Members who have spoken, and the Leader of the Opposition, the right hon. Member for Islington North (Jeremy Corbyn), for making time to attend the debate. The Minister has heard the consistent and very strong message from all Members today that Andy and Nazanin’s detentions are unacceptable and illegal, and that their trials have been frankly deplorable. He is also getting a consistent and identical message from their families. If I have concern about what he has said, it is that he is hiding behind family confidentiality. He must respect that, of course, but families are asking him to take the action that has been set out in this debate. We must have public, outspoken action now at the highest level, from our Prime Minister, to secure their release. We demand—

[Mr Ellwood]

I am sorry to interrupt the right hon. Gentleman’s peroration, but what he said is incorrect. I am following the advice of families very carefully indeed. I would say more if families allowed me to, and I think he disingenuously has misled the Chamber by making that suggestion.

[Tom Brake]

It is clearly very important for the Minister to sit down with the families. Having observed some of the body language of the families—

Motion lapsed (Standing Order No. 10(6)).