HL Deb 08 September 2003 vol 652 cc17-8WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

What are the conditions in which British citizens are currently being detained by United States authorities at Guantanamo, as regards visits from their families and their lawyers; access to exercise, recreational and educational facilities; and access to books, newspapers and television. [HL4050]

Baroness Symons of Vernham Dean

British officials have visited the British detainees held at Guantanamo Bay five times, most recently in April. As part of the visits they checked on the welfare of the detainees, who appeared generally to be in sound physical health. The physical conditions of their detention appear to be broadly satisfactory. However, we have raised any welfare concerns we may have with the US authorities.

We understand that provision for exercise has improved from the minimum of two 15-minute periods of exercise outside every week, but varies according to circumstances. The camp authorities provide some books, including the Koran.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider the Military Commissions proposed for the trial of British citizens detained at Guantanamo are independent and impartial tribunals established by law, as required by Article 14 of the United Nations International Covenant on Civil and Political Rights. [HL4051]

Baroness Symons of Vernham Dean

As my right honourable friend the Prime Minister said during Prime Minister's Questions on 9 July,Official Report, Commons, col. 1152–3, "Any commission or tribunal must be conducted in accordance with the proper canons of law so that a fair trial takes place and is seen to take place".

The UK has made this view clear to the US. On 18 July the US announced that they would not commence any military commission proceedings against UK nationals, pending discussions between American and British legal experts. The Attorney-General visited Washington on 21–22 July for talks with the US Administration. He secured a number of assurances from the Administration, including that the US will not seek the death penalty against the two British detainees who have been designated as eligible for the commissions, and will he returning to the US shortly for further discussions.

Lord Oakeshott of Seagrove Bay

asked Her Majesty's Government:

Following the public concern of the Red Cross representative visiting Guantanamo Bay that open-ended detention is having an impact on the mental health of prisoners, how the Government will verify the fitness of any British detainees to plead before a military tribunal. [HL4208]

Baroness Symons of Vernham Dean

The US announced on 18 July that they would not commence any military commission proceedings against UK nationals detained at Guantanamo Bay, pending discussions between American and British legal experts. We understand from the US authorities that medical facilities, including psychiatric care, at Guantanamo Bay available to the detainees are of a high standard and are the same as those for US military personnel. We firmly believe that a fair judicial process should take account of a person's fitness to stand trial. This is one of the specific issues we have raised with the US authorities, and continue to discuss with them.