Source · Select Committees · Foreign Affairs Committee
Sixth Report - Stolen years: combatting state hostage diplomacy
Foreign Affairs Committee
HC 166
Published 4 April 2023
Recommendations
4
Acknowledged
Para 17
We recommend that when there is a UN Working Group on Arbitrary Detention opinion that...
Recommendation
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 …
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Government Response Summary
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 to be the most effective approach.
Foreign and Commonwealth Office
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22
Acknowledged
UK nationals have been let down by the information shared by Ministers— actions which were...
Recommendation
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 …
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Government Response Summary
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, experience, and expertise.
Foreign and Commonwealth Office
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24
Acknowledged
Para 69
The UK Government, working with allies where possible, must use every means at its disposal...
Recommendation
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 …
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Government Response Summary
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
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36
Acknowledged
We recommend that within the next six months the Government outline the measures, including Magnitsky-style...
Recommendation
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 …
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Government Response Summary
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 to seek political leverage, working with international partners.
Foreign and Commonwealth Office
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Conclusions (13)
1
Conclusion
Acknowledged
Para 13
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 Summary
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.
3
Conclusion
Acknowledged
Para 16
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 Summary
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 to be the most effective approach.
6
Conclusion
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 Summary
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 route to de-escalation and release.
7
Conclusion
Acknowledged
Para 25
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 Summary
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.
12
Conclusion
Acknowledged
Para 40
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 Summary
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.
17
Conclusion
Acknowledged
Para 48
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 Summary
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 Ministers.
20
Conclusion
Acknowledged
Para 59
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 Summary
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, experience, and expertise.
23
Conclusion
Acknowledged
Para 68
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 Summary
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 policy of not entering into prisoner exchanges involving British nationals detained overseas.
27
Conclusion
Acknowledged
Para 79
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 Summary
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.
29
Conclusion
Acknowledged
Para 87
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 Summary
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.
33
Conclusion
Acknowledged
Para 99
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 Summary
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.
34
Conclusion
Acknowledged
Para 100
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 Summary
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.
35
Conclusion
Acknowledged
Para 101
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 Summary
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.