§ Mr. CousinsTo ask the Secretary of State for Foreign and Commonwealth Affairs what steps he is taking to ensure that British citizens detained(a) by United States, (b) United Front and(c) other local forces in Afghanistan (i) have their rights respected, (ii) are not subjected to cruel or unusual conditions or punishments and (iii) are not placed in other jurisdictions against their will. [27226]
§ Mr. BradshawWe are in regular contact with the US authorities about British nationals detained by them. They have said that the detainees are being treated humanely and consistently with the principles of the Geneva Conventions. The question of jurisdiction is a matter for the US as the Detaining Power. We have asked the interim Afghan authorities to notify us of any British nationals detained by them and have said that all prisoners must be treated in accordance with international practice.
§ Ann ClwydTo ask the Secretary of State for Foreign and Commonwealth Affairs whether British officials will have access to UK nationals held in Guantanamo Bay and Afghanistan without the presence of representatives of the US. [36512]
§ Mr. BradshawAccess to the detainees is a matter for the US as the Detaining Power.
§ Ann ClwydTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will take steps to ensure that UK citizens held prisoner in Guantanamo Bay are sent before a competent tribunal to determine whether they are entitled to prisoner of war status. [36509]
§ Mr. BradshawThat is a matter for the US as the Detainng Power. The US authorities said in their statement of 7 February that they have no doubt that the Taliban and al-Qaeda detainees are not prisoners of war and that the Geneva Convention requires a tribunal only if there is any doubt.
They also confirmed that, notwithstanding the question of status, all detainees would to be treated humanely and consistently with the principles of the Geneva Conventions.
§ Ann ClwydTo ask the Secretary of State for Foreign and Commonwealth Affairs whether the two British nationals who are detained in Kandahar by the US authorities are being held under the conditions of the Geneva Convention. [36511]
719W
§ Mr. BradshawThe two British nationals who were being detained in Kandahar were transferred to Guantanamo Bay on 11 February. The US authorities have said that all detainees are being treated humanely and consistently with the principles of the Geneva Conventions.
§ Ann ClwydTo ask the Secretary of State for Foreign and Commonwealth Affairs if he will urge the US authorities to charge the UK citizens who are detained in Guantanamo Bay with violations of criminal law. [36522]
§ Mr. BradshawThat is a matter for the US authorities once evidence has been gathered and analysed. The US is aware of our desire that this should proceed as quickly as is practicable.
§ Ann ClwydTo ask the Secretary of State for Foreign and Commonwealth Affairs what representations he is making to the US Administration regarding the application of Article 5 of the Geneva Convention to prisoners held in US custody in Cuba and Afghanistan. [37062]
§ Mr. MacShaneWe remain in regular contact with the Americans on many aspects of this matter.
The US authorities said in their statement of 7 February that they have no doubt that the Taliban and al-Qaedi detainees are not prisoners of war and that the Geneva Convention requires a tribunal only if there is any doubt.
They again confirmed that, notwithstanding the question of status, all detainees would continue to be treated humanely and consistently with the principles of the Geneva Convention.