§ Lord Oakeshott of Seagrove Bayasked Her Majesty's Government:
Under the jurisdiction of the courts of which country the British subjects held by the United States at Guantanamo Bay fall. [HL2392]
§ Baroness AmosLast month the US Court of Appeals for the District of Columbia upheld the US District Court decision that no US court has jurisdiction to grant habeas corpus relief to non-US citizens held by the US in Guantanamo Bay. There is however likely to be an appeal against this decision to the US Supreme Court. The US have established a system of military commissions which, where appropriate, will be able to prosecute the detainees but no such prosecutions have yet been carried out. It seems unlikely that the court of any other state would consider itself to have jurisdiction over persons held at Guantanamo Bay.
§ Lord Oakeshott of Seagrove Bayasked Her Majesty's Government:
What was the response of Colin Powell to the issues raised with him by the Foreign Secretary on 23 January in relation to the British detainees held by the United States at Guantanamo Bay. [HL2450]
§ Baroness AmosMy right honourable friend the Foreign Secretary's exchange with Colin Powell on 23 January formed part of the continuing dialogue between the Government and the United States Government on the welfare and position of the UK detainees in Guantanamo Bay. We continue to press the US to make decisions on the future of the detainees.