Shaker Aamer — House of Commons, 2015-03-17
Topic: International Affairs
Gareth Thomas (Labour, Centre-left): As on so many things, my hon. Friend is ahead of me. I will happily do that, although I want to return to the role of Reprieve and Clive Stafford Smith a little later in my remarks I strongly support hon. Members across the House in saying that the last remaining British detainee at Guantanamo Bay, Mr Aamer, should be released and returned to the UK as soon as humanly possible. Hon. Members on both sides of the House have shared profound concern about Mr Aamer’s case and, indeed, about the continued existence of the Guantanamo Bay facility. National security and the continuing drive to keep our citizens safe is the first responsibility of government, but we have always been clear that a profound respect for human rights must also lie at the heart of policy We remain deeply concerned that Guantanamo detainees are held without trial indefinitely. As my Front-Bench colleague, my hon. Friend the Member for Bristol East (Kerry McCarthy), has previously underlined—as others have done today—that in itself is a serious affront to international human rights standards. She has also previously drawn attention, rightly, to the concern and condemnation from the United Nations High Commissioner for Human Rights that the continuing indefinite imprisonment of many of the Guantanamo Bay detainees was in clear breach of international law, referencing the systematic breaches of individual human rights. The Opposition remain firmly opposed to the continuation of the Guantanamo Bay facility. Through our diplomatic efforts when in government, all British citizens and all but one of those who had been resident in Britain were transferred out of Guantanamo Bay As other hon. Members have made clear, Mr Aamer is a Saudi citizen who was resident in the UK. He is married to a British woman and he has four British children who live in London. I understand, as others have made clear, that Mr Aamer has never met his youngest son, who was born on the very day he was transferred to Guantanamo Bay. Mr Aamer was detained in Afghanistan in November 2001, where the US authorities apparently suspected that he had been working for Osama bin Laden. He has been imprisoned at Guantanamo Bay since February 2002. He is now the last remaining British resident held there. He has, I understand, always maintained his innocence, and Clive Stafford Smith, his lawyer, claims the documents that the accusations against him are based on would not stand up in court. Indeed, his legal team state that his treatment at Bagram airfield in 2001, allegedly including sleep deprivation and physical abuse, led him to make a false confession that has been used to justify his detention without trial ever since There is great concern about Mr Aamer’s health. Earlier this year, I understand that a number of leading doctors wrote an open letter to raise a number of concerns about the impact on Mr Aamer’s physical and mental well-being of spending 13 years in Guantanamo Bay. I understand that a medical assessment carried out last year found he was suffering from serious psychiatric problems and a number of serious physical ailments, too. It is alleged that Mr Aamer has been beaten more than 300 times while in detention and has suffered regularly from sleep deprivation. Reports that Mr Aamer has on occasion been deprived of water and has arthritis, asthma, prostate and kidney problems and severe backache are very worrying. It is a deeply damaging allegation, aired again by my right hon. Friend the Member for East Ham (Stephen Timms), that he is only still being held because he has witnessed significant human rights abuses, which the Guantanamo Bay authorities fear would be revealed if Mr Aamer was released and spoke out about his experience As other hon. Members have made clear, Mr Aamer has been cleared for transfer out of Guantanamo Bay on two occasions—in 2007 and in 2009—yet has still not been released. I understand that British diplomatic staff are not able to visit Mr Aamer, although it would be helpful if the Minister provided clarification on that point. I understand that the International Committee of the Red Cross is able to visit Mr Aamer, and it would be helpful to hear from the Minister when the ICRC last did so It is clear that Mr Aamer will be released only after further encouragement—let me use those words carefully —to the US authorities, so it would be helpful to hear from the Minister when the last ministerial representations to their US equivalents about Mr Aamer took place. There has been speculation that the key US legislation determining whether Guantanamo Bay detainees can be released or transferred is the 2011 National Defence Authorisation Act, which allows the US Defence Secretary to exercise a waiver and therefore release individual detainees if certain conditions are met. Has any UK Minister raised Mr Aamer’s case with the US Defence Secretary? What prospects can the Minister offer the House that the NDAA might offer a potential route to secure Mr Aamer’s release from Guantanamo Bay soon Given that Mr Aamer is a Saudi national and the reports that he has, as I indicated, previously been cleared for transfer out of Guantanamo Bay but allegedly only to Saudi Arabia, what discussions have Foreign Office Ministers had with their Saudi counterparts? Do the Saudi Government support Mr Aamer’s release from Guantanamo Bay and, crucially, do they support his release back to the UK Reprieve and Amnesty International have campaigned for Mr Aamer’s release. Reprieve, in particular, has used freedom of information requests to establish that significant meetings have taken place between US and British officials to discuss Mr Aamer’s possible transfer, most recently, I understand, on 29 October 2013. It would be helpful if the Minister set out in a little more detail what he understands are the substantive remaining US concerns about Mr Aamer that are preventing his release. The essential question remains: why, despite being cleared for transfer out of Guantanamo Bay six and eight years ago, is Mr Aamer still being detained? There remains the question whether he was cleared for release back to Saudi Arabia only. Again, it would be helpful if the Minister clarified that issue. I understand that Mr Aamer has indefinite leave to remain here in the UK. He has family here in the UK; he is married to a British citizen; his children are British citizens; and he has not been convicted of any crime. By any reasonable consideration, he should be allowed to be transferred back to the UK, never mind to Saudi Arabia Guantanamo Bay is a continuing blight on the human rights record of one of our closest allies, and the whole House will empathise with the anguish that Mr Aamer’s family and friends feel at his continued detention. I look forward to the Minister answering my and other hon. Members’ questions, reflecting our concerns and reassuring the House that the Government will redouble their efforts to secure Mr Aamer’s release.