British Nationals Imprisoned Abroad

Tom Brake Excerpts

Tuesday 13th March 2018 Westminster Hall

[Preet Kaur Gill]

I thank the hon. Gentleman for his intervention on behalf of Nazanin, whose case has been in the public arena for some time. Her husband is present in the Public Gallery for this debate. I shall also touch on her case, which is also extremely important.

On 21 November, in response to a parliamentary question by the hon. Member for West Dunbartonshire (Martin Docherty-Hughes), the then FCO Minister, the hon. Member for Penrith and The Border (Rory Stewart), described Jagtar’s treatment as “unconstitutional” and warned of “extreme action” against the Indian authorities. For a large part of his detention, Jagtar has been in police as opposed to judicial custody. In police custody, apart from the severe-degree torture, he has been abused and mistreated. Sleep deprivation techniques, constant verbal abuse, solitary confinement, use of handcuffs 24 hours a day, and misinformation about his family and the British authorities have been used to exploit and demoralise Jagtar mentally.

In December 2017, Redress called on the UN special rapporteur on torture to intervene in Jagtar’s case, and on the Indian Government to ensure that he is protected from further torture. Redress also called for Jagtar to be provided with an immediate independent medical examination—which he has been denied, despite repeated requests by his lawyer—and for the allegations of torture to be investigated according to international law. The next hearing for such a medical will be held sometime in March, almost four months after the alleged torture took place. Again, will the Minister please update us on the steps taken to secure an independent medical examination and any necessary medical treatment following the allegations of torture?

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

I think the hon. Lady touched on this briefly, and might be about to do so in more detail, but does she agree with me and with Redress that if the Government provided a higher level of consular assistance, as well as some consistency and clarity about the circumstances in which they will provide it, that would help in the cases not only of those such as Nazanin and Jagtar, but those seriously injured abroad, which is another significant issue? For example, my constituent Robbie Hughes suffered a serious attack while abroad.

[Preet Kaur Gill]

We are signed up to the VCCR so, as the right hon. Gentleman was absolutely correct to say, we need to ensure that we use our position in the light of that to raise similar issues for injured individuals.

Jagtar’s case is extremely serious, but it has become farcical and a trial by media. He has been brought to court more than 30 times over the past four months, and he has been taken in and out of judicial and police custody. He is now being held in judicial custody until 3 April. I understand that the Foreign and Commonwealth Office has expressed concerns in writing that confidential police investigation videos of Jagtar, taken when he was under duress, have inappropriately been released to Indian TV stations by the Indian authorities. Has the Foreign and Commonwealth Office complained to the Indian authorities about Jagtar facing trial by media, which means that, if charged, he would never get a fair trial?

The British High Commission has never been able to meet Jagtar in private. Requests for private access to him have been repeatedly denied. I will go into more detail about the importance of private visits by consular officials in cases such as Jagtar’s. The VCCR states that nationals should be “free to communicate” and have access to consular officers. In cases of torture, often the authorities will be present in the room or will find other ways of monitoring and controlling interactions between consular officers and the individual. The International Committee of the Red Cross, which conducts prison visits throughout the world to ensure humane treatment, recognises that private interviews are the only way to make it possible to hear an individual’s point of view. In addition, the United Nations Committee Against Torture has called on states to

“insist on unrestricted consular access to its nationals who are in detention abroad, with facility for unmonitored meetings and, if required…appropriate medical expertise”.

In short, private visits are essential to ensure the safety of victims of torture.

Consular assistance is an important humanitarian safeguard and provides a crucial link with the outside world. Sometimes it is the only link. The UK has said that it is a priority to meet Jagtar in private, but it is unacceptable that after 130 days it has not been able to do so. As I conclude my remarks about Jagtar, I ask the Minister whether the Foreign Secretary will meet Jagtar’s family, who are concerned about the priority being given to this case.