Recommendation 16

HM Government · verbatim extract Accepted

33. The decision to exercise diplomatic protection formally raised Mrs Zaghari-Ratcliffe’s case to a state-to-state level. This was implemented in good faith having listened to the wishes of her family, and to the fullest extent possible but did not assist efforts to secure her release as Iran refused to recognise Mrs Zaghari-Ratcliffe’s British nationality. This was, and is, the reality for those unfairly detained in Iran, or where dual nationality is not recognised or permitted under local laws. Exercising diplomatic protection demonstrated to both Mrs Zaghari-Ratcliffe’s family and Iran how seriously we treated her detention but gave no additional political or legal tools in helping to secure her release. At all times, the FCDO took decisions in line with what it believed would produce the best outcome for Mrs Zaghari-Ratcliffe. 34. The Government only considers exercising diplomatic protection in truly exceptional circumstances. Diplomatic protection of a British national in relation to a consular case can only be considered if requested by the individual, or those representing the individual. There are a number of internationally recognised criteria that must be met before the exercise of diplomatic protection is considered. Other than proof of British nationality, (and ‘predominant British nationality’ where someone is a dual national), these include evidence of an internationally wrongful act, and that all local legal procedures and diplomatic representations have been exhausted. The Foreign Secretary also considers any legal, human rights, economic, foreign, defence, security, reputational and political risks have been considered through wider consultation within HMG. Ultimately, the decision whether or not to exercise diplomatic protection in any individual case, is for the Foreign Secretary.