Shaker Aamer

Yasmin Qureshi Excerpts

Wednesday 24th April 2013 Westminster Hall

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I congratulate the hon. Member for Battersea (Jane Ellison) on securing this debate. Shaker Aamer is not one of my constituents, but his case has been followed by many people over the years, as has what is happening in Guantanamo Bay. I will try not to repeat points already made by the hon. Lady, but I will deal with some other issues.

When there is an incident such as 11 September, one can understand that, to protect its citizens, the natural reaction of the state is to scoop up everyone, put them in prisons or detention camps, and then search for the evidence to prosecute them or do whatever needs to be done. In this case, it seems that for 11 years—that is a long time—someone has been kept in detention, with no charges brought against them and no trial carried out, which cannot be right.

The European convention on human rights says that in times of conflict, countries can derogate from certain articles, even from the right to a fair trial. Cases of people imprisoned for four to five years have gone to the European Court of Human Rights, which has said that such treatment is not unlawful because of the individual circumstances, but all those cases involved people who had actually been charged with an offence and were awaiting trial, although delays had occurred for whatever reasons. In this case, the person has not even been charged, which is the really important point.

[Gavin Shuker (Luton South) (Lab/Co-op)]

I am extremely grateful to my hon. Friend for the tone in which she is continuing this debate. She is making some powerful points. Does she not go to the heart of the question when she says that we understand that situations will always emerge that are in some way murky, but that an important part of the process is normalising relationships back to what they were? This case serves only to show how little we have advanced in the past 11 years.

[Yasmin Qureshi]

I entirely agree with my hon. Friend that we should try to normalise and humanise all such situations, and to resolve the conflict. At the end of the day, America is one of the greatest democracies in the world, under the rule of law, for which we admire it. The situation has been a big stain on its reputation internationally, and dealing with all this—resolving the issue of Guantanamo Bay and, of course, the case of Shaker Aamer—would help its reputation in the world. That would give it back its credibility and respect, which it is losing as it continues the Guantanamo Bay detentions, including of Shaker Aamer.

As I have said, there have been cases in the European Court of people who have been in custody for a long time, but no charge has been made in the case we are discussing. As a former prosecutor, I know that international criminal laws are so wide that if people have committed an offence—they do not actually have to have set off a bomb or to have shot someone, but all jurisdictions in the world have the concept of attempting to commit a crime, where people try but do not manage to complete the offence—they can be charged. However, that is not relevant to this case. There is also what is called aiding and abetting, which means that if people counsel, aid, procure, encourage or in any form or shape assist in the commission of an offence, they can be prosecuted. In virtually all jurisdictions, such people are treated as though they were the main participator—although sentences tend to vary—so individuals can be caught even under those provisions.

The fact that that has not happened in relation to Mr Shaker Aamer and others in Guantanamo Bay, who have still not been charged with anything and still languish in prison, is, legally, fundamentally wrong. Eleven years later, it cannot be right that people are being detained in custody apparently for eternity—there seems to be no foreseeable release.

I am grateful to our Government for making efforts to get Shaker Aamer released. The Foreign Secretary has said that he is anxious to get him back, so that we can repair some of the damage done to him. Britain has of course said that it will not charge him with any offence. That again shows that we cannot just have people in indefinite detention, perhaps for being in the wrong place at the wrong time. In this case, he was there legitimately, teaching—as he has said—and, because of the bombing, he tried to leave the country where he was working, but was then detained.

Fundamentally, this all boils down to the fact that either someone is prosecuted or they are not. The American Government say that Shaker Aamer is an unlawful combatant and does not therefore come within the parameters of the ordinary criminal law. However, international conventions state that somebody cannot just be held for ever; they must be prosecuted or released.

In relation to the frequently used term “unlawful combatant”, a soldier serving a country in an armed conflict who is arrested by another country would be a “lawful combatant”, meaning that they might be treated as a prisoner of war, and only if they were not part of the armed services of a particular state but were involved in some kind of illicit fighting or wrongdoing would they be an unlawful combatant. Even so, they are entitled to rights, including to a proper trial by an independent tribunal.

Many international organisations have found that the trial system in American military courts has no transparency and contravenes all principles of natural justice and fairness of trial. I would therefore say that even a trial in the American military courts would be wrong, but even that has not happened. No legal process is being carried on. I know that that has been emphasised, but why this is happening is beyond understanding.

It has been suggested, certainly by his lawyer, that one reason Shaker Aamer has not been released is that he has stood up for his rights in prison. He certainly did so when he was arrested. There is also the fact that he is now on hunger strike. He has not seen his children or wife; in fact, one of his sons was born soon after he was detained and he has not even seen him.

I therefore ask the Minister what discussions there have been with the Americans about their having breached international laws, which is clearly happening in this case. I could stand here and give chapter and verse on all the cases, but I do not want to bore everybody stiff with the legal niceties. As someone who specialises in human rights law and is a former prosecutor, I can honestly say of this case and the law in this area that what is happening to Shaker Aamer is completely illegal, fundamentally flawed and against all principles of justice.

Before I sit down, I want to pay tribute to my right hon. Friend the Member for Tooting (Sadiq Khan), who has campaigned vigorously about the case of Shaker Aamer in particular—as well, of course, about the issue of Guantanamo Bay generally—for several years. He raised it with the previous Lord Chancellor and other people, and has campaigned tirelessly on behalf of Shaker Aamer and his family. Unfortunately, as he is shadow Lord Chancellor, he is not able to participate in this debate today, although he is present in the Chamber, and has been here from the start of the debate. I want to thank him and pay tribute to him for his hard work over a number of years. I also want to pay tribute to the hon. Member for Battersea for securing this debate.

The Minister is an honourable and good man, and the Foreign Secretary is of the same calibre as well. I urge them to carry on with the negotiations so that we can please have the return of Shaker Aamer, as his detention is a blot on the reputation of America for upholding freedom and rights.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

Thank you, Mr Robertson, for calling me to speak. As ever, it is a pleasure to serve under your chairmanship.

I, too, join colleagues in congratulating the hon. Member for Battersea (Jane Ellison) on securing this debate on behalf of Shaker Aamer and his family. His case is a cause of great concern to MPs of all parties, as demonstrated by the turnout in Westminster Hall today and, of course, by the number of signatures—more than 117,000—on the e-petition site. I know that the hon. Lady has already done a great deal to push for Mr Aamer’s return to his family, who live in her constituency. As others have done, I also want to mention the role played by my right hon. Friend the Member for Tooting (Sadiq Khan). I know that it is very frustrating for him not to be able to speak in the debate today, given his previous work—during his time not only in the House, but as a human rights lawyer—on this and related issues. However, he is obviously with us in spirit, if in silence.

First, although I am sure that it does not need restating, I want to place on the record that Labour is completely opposed to Guantanamo Bay. We removed all British citizens and all but one British resident from Guantanamo Bay through our diplomatic efforts when we were in government. Indeed, we were the first country to ensure that all its citizens were removed from Guantanamo Bay. We are now left in a position whereby Mr Aamer is the sole remaining British resident there, and every effort should be made to end his detention without trial.

As we have heard, although Mr Aamer is a Saudi citizen he is a British resident, married to a British national and the father of four British citizens, the youngest of whom he has never had the chance to meet, as he was actually airlifted to Guantanamo Bay on the day that his youngest son was born.

I understand that the Minister is responding to this debate as his portfolio includes counter-terrorism. Although national security is, of course, a paramount concern for both the US and UK Governments, the continued existence of Guantanamo Bay is also a fundamental human rights issue, which, many have argued—indeed, it has been said by Members in Westminster Hall today—is more likely to have jeopardised than safeguarded American security.

After Mr Aamer’s arrest in November 2001 in Afghanistan, he was transferred to Guantanamo Bay on 14 February 2002; as I said, that was the day that his youngest son was born. Mr Aamer’s legal representatives at Reprieve claim that his treatment at Bagram airfield, allegedly including sleep deprivation and physical abuse, led him to make a false confession, which has since been used to justify his detention without trial for more than 11 years. Mr Aamer denies all accusations of involvement with al-Qaeda, but has not had the opportunity to answer any of these charges in a trial.

[Yasmin Qureshi]

Does my hon. Friend also accept that, apart from sleep deprivation and everything else, Mr Aamer’s head was banged against the wall quite a few times when all these things were happening?

[Kerry McCarthy]

These suggestions have been put forward by Mr Aamer and his lawyers. Obviously, there would be grave concerns if that were the case. We also know that defamation cases are going on in terms of other suggestions that have been made against him.

Mr Aamer not been charged; that has come out during the debate. Perhaps we could understand it if he were being held without charge just while investigations were proceeding, and there were reasons that could not be revealed to anyone for why he was being held without trial, but he has been cleared for release. That is what people find baffling. It is estimated that 86 of the remaining prisoners have been cleared for release. Mr Aamer was first cleared under the Bush presidency in 2007 and subsequently by President Obama’s Administration in 2009.

The fact that Guantanamo detainees are held indefinitely, without the right to a fair trial, is itself a serious affront to international human rights standards. Indeed, the United Nations High Commissioner for Human Rights has condemned Guantanamo Bay, asserting:

“The continuing indefinite incarceration of many of the detainees amounts to arbitrary detention and is in clear breach of international law”.

She also referred to,

“the systematic abuse of individuals’ human rights”.

It is not only prisoners’ detention that is of such concern to human rights campaigners, but the reports of their treatment, which Mr Aamer’s lawyer has described as “gratuitous torture”. We have heard accounts of that.

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[Alistair Burt]

Let me deal with that when I respond to the remarks and questions from the hon. Member for Islington North (Jeremy Corbyn) on that subject. There is a limited amount I can say, because, ultimately, it is the United States that is holding Mr Aamer, not us. There is only so much we know about the reasons, but I will say a little more about that later.

I reiterate that the Government continue to support President Obama’s commitment to closing the detention facility at Guantanamo Bay. We understand the requirement for detainee transfers and releases to satisfy US legislation. Previous legislation passed by the United States Congress—namely, the 2011 National Defence Authorisation Act—all but precluded transfers out of Guantanamo Bay. That legislation was renewed by the US Government for 2012 in largely the same terms, but it allowed for the US Secretary of Defence to exercise a waiver should stringent conditions be met.

Despite our best endeavours, Mr Aamer was not released in 2012. Indeed, no detainees were released from Guantanamo Bay in 2012. The National Defence Authorisation Act was renewed in January 2013. All Guantanamo Bay detainees cleared for transfer or release now require a waiver under the Act before they can be transferred or released from the detention facility, regardless of their destination country. The Government continue to work with US counterparts to consider the implications of the NDAA 2013 for Mr Aamer’s release. Notwithstanding that, any decision regarding Mr Aamer’s release ultimately remains in the hands of the United States Government. I will have a little more to say about that in a moment.

Let me deal briefly with welfare issues and then return to some of the questions colleagues raised in the debate. We continue to take concerns about Mr Aamer’s welfare very seriously. The US Department of Defence has confirmed to us that Mr Aamer is participating in the current hunger strike at Guantanamo Bay. Notwithstanding that, the US authorities have assured us that he is in a stable condition, that he is not in solitary confinement and that he is being offered medical treatment. In addition, the FCO has asked the US Department of Defence substantively to respond to specific allegations that have been made. We have no reason not to believe the welfare assurances we have been given by United States authorities. I should add that the International Committee of the Red Cross has access to Guantanamo detainees.

[Yasmin Qureshi]

Has anybody from the Foreign Office actually visited Guantanamo Bay and seen for themselves the condition of Shaker Aamer? If they saw him, there would be independent evidence to say that he was fine and that he was being treated properly, and we would not worry so much. If it is being said he is being treated well, has any effort been made to go to see him? If not, has permission been refused?

[Alistair Burt]

The reason is that we cannot offer a non-British national, which is Mr Aamer’s status, consular assistance. Consular access and responsibilities are afforded to states only in respect of their nationals. Our consular policy towards non-British nationals is clear; we cannot help non-nationals, no matter how long they have lived in the UK, and regardless of their connections to the UK. However, although we are not able to visit him in Guantanamo Bay, we routinely inquire about Mr Aamer’s welfare, and we always follow up allegations of poor health, as a matter of priority. We are confident that the assurances that we receive from the US are accurate and credible, and have no reason to believe otherwise.

[Yasmin Qureshi]

I appreciate that because Mr Aamer is not a British national he cannot technically or legally speaking be given consular assistance, but bearing in mind the fact that the British Government are making representations on his behalf for him to be released back here it would not be that difficult for someone independently to go and speak to him, and then come back and say, “He’s okay; the suggestion that he is being tortured or treated badly is all wrong.” That would shut people up if they are wrong in saying he has been treated badly. That is all. It is just common sense.

[Alistair Burt]

As far as I am aware, there is independent access to Guantanamo detainees through the ICRC. That provides exactly the independent reference that the hon. Lady would look for. Our consular policy is clear.

--- Later in debate ---

[Alistair Burt]

In all fairness, we are getting into the same sort of area. I do not make light of this. Plainly, I have a supposition about why the United States might want to retain Mr Aamer. It is inconsequential in terms of the United Kingdom’s position on his release from detention, and whether we think the detention is wrong. We do. It is clear we have a difference of opinion with the United States in relation to this; but going into the detail of what we think and what they think is part of the confidential discussion we need to have on his behalf, in order to seek his release. Going into that detail here is not something I can do, understandable though it would be to Parliament, as it is an intelligence matter, which a previous Government would understand well, and would deal with in exactly the same terms.

[Yasmin Qureshi]

I understand that the Minister cannot tell us the details of the discussions that have been happening, but when he next has a chance to discuss the matter, can he raise something with the US authorities? Mr Aamer’s lawyer, Clive Stafford Smith, has said that he has access to classified material from MI6, which he cannot share—a bit like the Minister— even with his client. However, he is able to give some information from the documents, and he can say that the British security services are actively misleading their US counterparts to ensure that he is never allowed to return to Britain; and that they have gone round bad-mouthing Mr Aamer and saying things that are simply false. Not only were they part of his abuse, but they falsified evidence against him.

[Alistair Burt]

I understand the point fully, and, again, the answer is partly the same that I would have given a moment ago, in terms of allegations made against British security forces and the like. However, I will say two things in response. I can say clearly that we are using, and will continue to use, our best endeavours to secure Shaker Aamer’s release. I am aware of the allegations that have been made, and want to make it clear that all parts of Government are pulling in the same direction, for Mr Shaker Aamer’s release.

Also, as to the Government’s response to allegations of wrongdoing in the past by British security services, and our attempts to open things up and to give compensation where things have been wrong, the Prime Minister has said explicitly that torture and rendition are not part of British security activity, whether or not they have been in the past. We have opened that up and offered compensation where things have been wrong. I think that the hon. Lady will appreciate that it is not in our interest, having gone so far in relation to other cases, to seek to do something contrary now. I give an assurance that all parts of the British Government system are pulling in the same direction, for the return of Mr Shaker Aamer.