Recommendations & Conclusions
39 items
1
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
The limited data available indicates that state hostage taking is an increasing problem globally. Arbitrary detention is also a growing phenomenon, increasing the likelihood of citizens in this position becoming pawns in state-to-state relations. All arbitrary detentions are illegal and unacceptable. The UK Government should be working toward their immediate …
Government response. The government acknowledges the increasing international concern about arbitrary detention, but states that evidence of increasing risk to British nationals is less clear and that avoiding politicisation can be the best route to de-escalation.
Foreign and Commonwealth Office
2
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
We recommend that within the next 12 months the Government formalises and publishes guidance outlining criteria for determining whether the detention of a UK national by a foreign state is considered arbitrary and at risk of being used for state leverage. Subsequently a review should be carried out of all …
Government response. The government does not agree to formalize and publish guidance on criteria for determining arbitrary detention, stating they use a multi-disciplinary task force approach to identify such cases and ensure any attempt to exert diplomatic leverage is identified quickly.
Foreign and Commonwealth Office
3
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
The FCDO has a policy of not commenting on, or interfering with, a foreign state’s legal system. Evidence suggests that the existence of an opinion from the UN Working Group on Arbitrary Detention that a British national is illegally detained makes little or no tangible difference to the way the …
Government response. The government acknowledges the UNWGAD's opinion seriously and considers it when determining their approach, but says that actions are focused on the need to consider, on a case-by-case basis, the best interests of the detained individual and what they judge …
Foreign and Commonwealth Office
4
Recommendation
Sixth Report - Stolen years: combatting…
Acknowledged
We recommend that when there is a UN Working Group on Arbitrary Detention opinion that a detention of a UK citizen is illegal, the FCDO assumes that the case will not be judged in line with international standards and should respond accordingly. The Government should as a matter of practice …
Government response. The government acknowledges the UNWGAD's opinion seriously and considers it when determining their approach, but says that actions are focused on the need to consider, on a case-by-case basis, the best interests of the detained individual and what they judge …
Foreign and Commonwealth Office
5
Recommendation
Sixth Report - Stolen years: combatting…
Deferred
We also recommend that the Government uses its presence on the UN Human Rights Council to work to safeguard the Rules Bases International System by working to prevent countries which use hostage taking as a tool of diplomacy gaining influence in the UN Working Group on Arbitrary Detention.
Government response. The government states that the UNWGAD is comprised of independent experts and the UK has no opportunity to influence the recruitment process.
Foreign and Commonwealth Office
6
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
Experience elsewhere would suggest that having a single point of contact who has a key decision-making, or high-level advisory, role outside consular services has the potential to improve the Government’s approach to responding to arbitrary detentions as well as its coordinating efforts in deterring this practice multilaterally. It is also …
Government response. The government agrees there is increasing international concern about the practice of detaining individuals for diplomatic leverage, but says the evidence of increasing risk to British nationals detained overseas is less clear and that avoiding politicisation can be the best …
Foreign and Commonwealth Office
7
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
By identifying and articulating the nature of detentions, the Government would have the option to put arbitrary detentions on a lane of engagement distinct to other diplomatic priorities with the detaining country. This could allow for creative solutions unconstrained by other bilateral objectives and expand the limited toolbox available to …
Government response. The government agrees that detention for diplomatic leverage is unacceptable, but the evidence of increasing risk to British nationals is less clear and politicization may not be helpful.
Foreign and Commonwealth Office
8
Conclusion
Sixth Report - Stolen years: combatting…
Not Addressed
Learning from previous cases needs to be central to the formulation of a coherent and flexible approach to securing the release of detainees. Given the high turnover of ministers and civil servants, we have seen insufficient evidence to indicate that any arrangements for institutional learning by the FCDO have been …
Government response. The government did not address the conclusion on learning from previous cases. Instead, the response discussed international law and consular relations.
Foreign and Commonwealth Office
9
Recommendation
Sixth Report - Stolen years: combatting…
Not Addressed
Starting immediately, we recommend a central repository be created for information on cases of arbitrary detention and hostage taking, both active and closed, detailing processes followed and learning gained. There should be a systematic approach applied to all cases, not simply a sample. The Minister for Consular Policy should have …
Government response. The government did not address the recommendation to create a central repository for information, and instead discussed international law and consular relations.
Foreign and Commonwealth Office
10
Recommendation
Sixth Report - Stolen years: combatting…
Accepted
We recommend biennial meetings of Ambassadors and Deputy Heads of Mission of ‘Five Eyes’ countries in states with a record of state hostage taking to discuss live cases and lessons learnt, and to disseminate best practice.
Government response. The government states that there is already regular (at least biennial) communication amongst diplomatic and consular colleagues from ‘Five Eyes’ countries between capitals and overseas.
Foreign and Commonwealth Office
11
Conclusion
Sixth Report - Stolen years: combatting…
Accepted
In cases we have examined, the FCDO has been too slow to identify detentions of concern and to escalate these cases within the department. Any system of rapidly identifying such cases needs to be able to harness the extensive knowledge of the environment held at Post with guidance based on …
Government response. The government states that the FCDO already uses a task force approach to harness knowledge and expertise, and trains staff to reassess complex consular cases systematically and escalate them to senior staff without delay.
Foreign and Commonwealth Office
12
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
It is important that the “no concessions” policy, and the limited toolbox of standard diplomatic responses, should not preclude creative negotiations and conversations within the confines of UK and international law; or limit the effectiveness of points of leverage the UK Government may be able to realise and apply.
Government response. The government acknowledges the importance of creative negotiations within legal boundaries and states that they consider a range of available tools and levers including creative options through a task force approach.
Foreign and Commonwealth Office
13
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
On balance, we believe that the MacGregor review’s recommendations do not go far enough and the interests of the affected families and those of the FCDO in securing detainee releases are best served by concentrating responsibility for handling these cases in a single senior position. We recommend that over the …
Government response. The government rejects the creation of a Director for Arbitrary and Complex Detentions, stating the Foreign Secretary has primacy and they prioritise country-specific expertise and consular best practice, using senior geographic leads and a Director for Consular Services.
Foreign and Commonwealth Office
14
Recommendation
Sixth Report - Stolen years: combatting…
Accepted
All cases of arbitrary detention should be pursued at speed from as early as possible with a full mobilisation response before the person is formally charged. We recommend that appropriate consultation take place to establish a clear system for quickly identifying cases that fall under the criteria to be handled …
Government response. The government believes that their current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained …
Foreign and Commonwealth Office
15
Conclusion
Sixth Report - Stolen years: combatting…
Accepted
The evidence would suggest that the Government’s use of diplomatic protection in cases of arbitrary detention was badly handled. It was ill thought through and poorly implemented. It is likely that this was due to officials’ discomfort with this approach and a failure to implement it fully. This episode serves …
Government response. The government believes that the current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained.
Foreign and Commonwealth Office
16
Recommendation
Sixth Report - Stolen years: combatting…
Accepted
We recommend that in the next six months the Government learns lessons from the extending of Diplomatic Protection to Nazanin Zaghari-Ratcliffe and draws up clear guidelines on situations where diplomatic protection could be considered and how it might be employed. If this mechanism is to be used again, we recommend …
Government response. The Government believes that its current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained …
Foreign and Commonwealth Office
17
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
There should be a more constructive relationship between Parliament and the FCDO in support of efforts to bring home UK nationals arbitrarily detained abroad and also to further long-term international efforts to deter the practice. Parliamentarians can also assist by providing a broader form of diplomacy.
Government response. The Government agrees the importance of continuous improvement and proactive case management and has systems and practices in place to support this, including a central database for recording and managing consular casework globally, and thorough briefings for incoming staff or …
Foreign and Commonwealth Office
18
Recommendation
Sixth Report - Stolen years: combatting…
Not Addressed
We recommend that the FCDO demonstrates meaningful engagement and provides the Committee with an annual private report on the progress of UK nationals arbitrarily detained abroad, with follow-up briefing at the Foreign Office if required, to enable the work of Parliament and Government to better serve UK interests. (Paragraph 49) …
Government response. The Government agrees the importance of continuous improvement and proactive case management and has systems and practices in place to support this, including a central database for recording and managing consular casework globally, and thorough briefings for incoming staff or …
Foreign and Commonwealth Office
19
Recommendation
Sixth Report - Stolen years: combatting…
Accepted
The presumption that “quiet diplomacy” and family silence is always appropriate throughout cases of state detentions and state hostage taking is a false one, other than in the initial phases. Silence abets state hostage taking. We recommend the Government uses the strongest possible language to call out situations of state …
Government response. The government agrees with the recommendation and says it already seeks to support families who wish to proceed publicly, assessing options on a case-by-case basis and offering advice while respecting the family's decision.
Foreign and Commonwealth Office
20
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
The Government and its allies have missed key opportunities to publicly demonstrate the importance placed on the release of UK nationals, both privately and in public. The decision of Richard Ratcliffe to begin a hunger strike is perhaps the starkest example of this failure. The onus should be on FCDO …
Government response. The Government accepts the fundamental importance of early identification and escalation of complex detentions, and states that is why the FCDO has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, …
Foreign and Commonwealth Office
21
Recommendation
Sixth Report - Stolen years: combatting…
Accepted
We recommend that if a family believes their case would be best served by going public, the Government should have frank, detailed and regular conversations with them on the likely impacts of their decision and advise on how to proceed in the safest way possible and support them as they …
Government response. The government states it has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, experience, and expertise and works with external partners.
Foreign and Commonwealth Office
22
Recommendation
Sixth Report - Stolen years: combatting…
Acknowledged
UK nationals have been let down by the information shared by Ministers— actions which were counterproductive and may have contributed to less favourable conditions for an earlier release. Coherence and accuracy are vital not only in fairness to the families involved, but also to send the message to countries that …
Government response. The Government accepts the fundamental importance of early identification and escalation of complex detentions, and states that is why the FCDO has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, …
Foreign and Commonwealth Office
23
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
The UK Government is judged on how it cares for its citizens at home and overseas. In Iran, the Government failed to assert and secure its rights under the Vienna Convention to provide consular assistance to UK nationals held in Iran. Moreover, the FCDO has been inconsistent in meeting its …
Government response. The Government states it is determined to deter and combat the practice of arbitrary detention for the purpose of diplomatic leverage and believes not making substantive concessions is an important part of discouraging this practice. HMG has maintained a consistent …
Foreign and Commonwealth Office
24
Recommendation
Sixth Report - Stolen years: combatting…
Acknowledged
The UK Government, working with allies where possible, must use every means at its disposal to secure the basic level of consular access it commits to provide for its nationals and that it is entitled to under international law—regardless of the perceived legitimacy of the charges or rigour of the …
Government response. The Government is determined to deter and combat the practice of arbitrary detention for the purpose of diplomatic leverage by not making substantive concessions.
Foreign and Commonwealth Office
25
Conclusion
Sixth Report - Stolen years: combatting…
Rejected
The working assumption should be that families are partners who have the potential to be instrumental in the attempts to resolve the detentions. Despite Government assurances, we do not believe that sufficient progress has been made in improving communication with families. Families are frequently assured by officials and ministers that …
Government response. The government does not agree that a separate post of Director for Arbitrary and Complex Detentions should be established, noting the Foreign Secretary's primacy within Cabinet.
Foreign and Commonwealth Office
26
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
We recommend that unless the detainee expressly withholds consent to do so, the families of any vulnerable or arbitrary detainee receiving consular assistance be provided by a senior manager or minister in the FCDO at the soonest possible time with a clear description of the Government’s plan of engagement. Briefings …
Government response. The government does not agree with establishing a separate post of Director for Arbitrary and Complex Detentions, as their approach reflects the Foreign Secretary's primacy within Cabinet and the importance of country-specific expertise and consular best practice.
Foreign and Commonwealth Office
27
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
We welcome the willingness of the FCDO to refer detainees and families of detainees to organisations such as Hostage International, Reprieve, Fair Trials and Prisoners Abroad who are able to offer assistance and counsel. We believe this is a highly appropriate approach to supporting families but could go further.
Government response. The government describes its task force approach to complex consular cases, and the process of informing and accounting to Ministers, to ensure prompt identification of complex detentions, including possible use of a detained British national for diplomatic leverage.
Foreign and Commonwealth Office
28
Recommendation
Sixth Report - Stolen years: combatting…
Not Addressed
We recommend a plan be prepared by the FCDO for providing material support for long-term arbitrarily detained persons on their release as well as support during detention for families especially where the detainee is the primary earner. In this context the FCDO should: • Continue to resource organisations who provide …
Government response. The government discusses the task force approach to complex consular cases, designed to ensure prompt identification of complex detentions.
Foreign and Commonwealth Office
29
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
There is compelling evidence that the repayment of the IMS debt became a precondition for the release of UK nationals from Iran. The failure to pay it sooner was highly regrettable and almost certainly adversely affected the length of detentions by limiting diplomatic options for negotiating an earlier release and …
Government response. The government says the IMS debt created a unique situation, the debt resolution was complex, domestic and international litigation lengthened the process, and it would not have been appropriate to pay a debt still under consideration by a court.
Foreign and Commonwealth Office
30
Conclusion
Sixth Report - Stolen years: combatting…
Rejected
The Government took longer to repay the IMS Debt than it needed to and the eventual circumstances under which it was paid were unsatisfactory. We conclude that the only factors which changed and therefore allowed repayment in March 2022 were the interpretation of the terms of the sanctions, and the …
Government response. The government disputes the committee's characterisation of the IMS debt repayment, stating it was done in compliance with sanctions and that UK-US relations remain close.
Foreign and Commonwealth Office
31
Recommendation
Sixth Report - Stolen years: combatting…
Rejected
The FCDO’s failure to have maintained robust travel advice on the front page of the website for Iran between 2016 and 2018 is a significant error which may have made UK nationals less safe in Iran and likely other countries too. We welcome the renewed commitment in the “Consular and …
Government response. The government acknowledges the importance of travel advice but declines to give tailored advice beyond what is already available, citing a commitment to avoid 'double standards' and directing individuals to existing travel advice resources.
Foreign and Commonwealth Office
32
Recommendation
Sixth Report - Stolen years: combatting…
Deferred
We recommend that a list is prepared of countries where UK nationals face an increased risk of arbitrary detention and being taken hostage. This should inform decisions around the escalation of cases as well as the outward facing travel advice. We recommend that updated FCDO travel advice includes clear criteria, …
Government response. The decision to exercise diplomatic protection formally raised Mrs Zaghari-Ratcliffe’s case to a state-to-state level, but it did not assist efforts to secure her release as Iran refused to recognise Mrs Zaghari-Ratcliffe’s British nationality.
Foreign and Commonwealth Office
33
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
The arbitrary detention of UK nationals and their subsequent use in hostage diplomacy is a growing threat not only to the safety of individuals but also UK national security. A robust response and deterrence need to be developed to counter this. It is important that attempts to deter this practice …
Government response. The government explained the decision to exercise diplomatic protection for Mrs. Zaghari-Ratcliffe, noting it did not assist in securing her release due to Iran's refusal to recognize her British nationality.
Foreign and Commonwealth Office
34
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
We welcome the UK Government’s continuing commitment to the Canadian-led initiative to address arbitrary detention in state-to-state relations. There needs to be a clear response to such behaviour at a national, and where possible, a multilateral level, to achieve effective deterrence. We recognise the challenges around securing a multilateral consensus …
Government response. The government recognizes the importance of a constructive relationship between Parliament and the FCDO, the vital work that MPs carry out, and the important role of the Committee in providing scrutiny.
Foreign and Commonwealth Office
35
Conclusion
Sixth Report - Stolen years: combatting…
Acknowledged
State hostage taking is not only a humanitarian outrage, but an attempt to undermine the Rules Based International Order. As a country that has committed to protect the RBIO, standing up for the rule of law and the protection of human rights, it is incumbent on the Government to hold …
Government response. The government recognizes the importance of a constructive relationship between Parliament and the FCDO, the vital work that MPs carry out, and the important role of the Committee in providing scrutiny.
Foreign and Commonwealth Office
36
Recommendation
Sixth Report - Stolen years: combatting…
Acknowledged
We recommend that within the next six months the Government outline the measures, including Magnitsky-style sanctions and legal proceedings both domestically and Stolen years: combatting state hostage diplomacy 53 at the International Court of Justice, it is prepared to take against countries that might arbitrarily detain UK nationals for diplomatic …
Government response. The Government agrees that States who target foreign nationals and manipulate their judicial systems should be left in no doubt about the political and diplomatic price they pay, and states it robustly challenges the practice of using detained foreign nationals …
Foreign and Commonwealth Office
2
Recommendation
Ninth Report - Combatting state hostage…
We recommend that the Government extend its review to reassess all cases where British nationals have received opinions of arbitrary detention and are being held in countries where there is a history of torture of foreign detainees. • The review should include all internal guidelines on recognising cases of arbitrary …
Foreign and Commonwealth Office
3
Recommendation
Ninth Report - Combatting state hostage…
We recommend, once again, that a Director for Complex and Arbitrary Detentions is appointed with relevant ancillary staff in order to deliver consistency, improved partnerships with families, better coordination across Whitehall, as well as benefitting from greater authority and flexibility in managing the Government’s approach.
Foreign and Commonwealth Office
4
Recommendation
Ninth Report - Combatting state hostage…
The case of Matthew Hedges, and the Parliamentary Ombudsman’s report into the FCDO’s engagement in his case, is a stinging indictment of the FCDO’s approach to arbitrary detention and consular assistance. It demonstrates an inability to ensure that their own guidance to keep UK citizens safe is followed. More concerning …
Foreign and Commonwealth Office