Lord Morris of Aberavonasked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 8 September (WA 17–18), why there have been no visits from lawyers to the British citizens held at Guantanamo; what representations the Government have made to the United States Government to allow such legal visits; why there have been no visits by British officials since April; and whether further visits by British officials have been requested and denied. [HL4448]
§ The Minister of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean)The British detainees at Guantanamo Bay are not presently allowed by the US Government to have access to lawyers.
The Attorney-General has recently held a number of rounds of talks with the US Administration. His objective has been to ensure that the British nationals detained at Guantanamo Bay, if prosecuted, are assured of fair trials that meet generally recognised principles. The issue of the role of defence lawyers has been discussed. Further talks are planned for the near future.
British officials have visited the British detainees held at Guantanamo Bay, six times, most recently two weeks ago. Parliament will be informed about the visit.
§ Lord Hyltonasked Her Majesty's Government:
Whether the conditions of detention for British prisoners at Guantanamo (Cuba) are inhuman and degrading; what is the present weekly amount of time for exercise; and what improvements they have asked for, particularly regarding exercise and access for relatives and legal counsel. [HL4483]
§ Baroness Symons of Vernham DeanBritish officials have visited the British detainees held at Guantanamo Bay six times, most recently two weeks ago. One of the main objectives of the visit was to check on the detainees’ welfare. This is generally satisfactory. The visiting official did not see or hear of mistreatment of the UK detainees by the camp authorities.
The physical conditions of their detention are also satisfactory. Detainees have cells with individual sleeping, washing and toilet facilities. They are allowed to practise their religion and have access to religious and non-religious books, including novels. The standard period for exercise has increased to 30 minutes per day. Welfare concerns are raised with the camp authorities on such visits.
The Attorney-General has recently held a number of rounds of talks with the US Administration with the objective of ensuring that if British detainees are prosecuted the trials are fair and meet generally recognised principles. The issue of the role of defence lawyers has been discussed. Further talks are planned for the near future. Proceedings against the two designated British detainees remain suspended until completion of the discussions.
22WA
§ Lord Hyltonasked Her Majesty's Government:
What representations concerning British prisoners at Guantanamo they have received from the Bar Human Rights Committee or other respected British organisations. |HL4484]
§ Baroness Symons of Vernham DeanThe British Government have received representations from various British organisations, including the Bar Human Rights Committee, asking that the human rights of detainees held in Guantanamo" Bay be respected by the US authorities.
The Attorney-General has recently held a number of rounds of talks with the US Administration. His objective has been to ensure that the British nationals detained in Guantanamo Bay, if prosecuted, are assured of fair trials that meet generally recognised principles.
§ Lord Hyltonasked Her Majesty's Government:
Whether Mr Moazzam Begg, a British citizen now imprisoned at Guantanamo, was arrested by Pakistan's security services in February 2002 at Islamabad; and, if he did not fight in Afghanistan, whether he can properly be considered an unlawful enemy combatant". [HL4485]
§ Baroness Symons of Vernham DeanMr Begg is considered to be an enemy combatant by the US, the detaining power. Whatever Mr Begg's status, he is entitled to humane treatment, and if prosecuted, a fair trial. We have made this clear to the US Administration.
§ Lord Hyltonasked Her Majesty's Government:
Why no tribunal has been convened (as required by the Geneva Convention and as requested by the International Committee of the Red Cross) to determine the status of British and other prisoners held at Guantanamo; and whether trials of such men by the United States military court would constitute a fair trial under the International Convention on Civil and Political Rights (Article 14) of which the United States is a signatory. [HL4487]
§ Baroness Symons of Vernham DeanThe question of the legal status of the detainees at Guantanamo Bay under international law has to be considered in the light of the facts relating to each individual detainee
We consider that, whatever their status, the detainees are entitled to humane treatment. and if prosecuted, a fair trial and have made this clear to the US Administration.
The Attorney-General has recently held a number of rounds of talks with the US Administration. His objective has been to ensure that the British nationals detained in Guantanamo Bay, if prosecuted, are assured of fair trials that meet generally recognised principles. Further talks are planned for the near future. The possible repatriation of the detainees is also a matter under discussion.
23WA
§ Lord Hyltonasked Her Majesty's Government:
What representations they have received concerning United Kingdom residents, with refugee status or indefinite leave to remain, now imprisoned at Guantanamo; how many such cases are known to them; and what protection they intend to provide for them. [HL4488]
§ Baroness Symons of Vernham DeanWe have been made aware of five cases where UK residents, with either refugee status or indefinite leave to remain, are detained in Guantanamo Bay. We have had contact with lawyers and MPs about these cases. The British Government are not in a position to provide consular or diplomatic assistance to non-British nationals detained in Guantanamo Bay.