The FCDO’s approach to state level hostage situations

Foreign Affairs Committee Closed Inquiry
Opened: 1 Apr 2022 Closed: 29 May 2024 Parliament page
This inquiry will examine the processes and approaches taken by the UK Government in securing the release of the hostages in Iran, and other similar situations. It will assess the likely impact their approach may have on deterring other states from using this tactic and will consider options for multilateral … Read more
21 Recommendations
18 Conclusions
2 Reports
5 Oral sessions
4 Letters
5 Events
Activity timeline 17 events
20 Oct
2023
Report published
6 Jul
2023
Report published
6 Jul
2023
Correspondence
6 Jul
2023
Correspondence
4 Apr
2023
Report published
28 Mar
2023
Correspondence
13 Mar
2023
Oral evidence
13 Mar
2023
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
7 Feb
2023
Oral evidence
7 Feb
2023
Formal meeting (oral evidence session) · The Grimond Room, Portcullis House
8 Sep
2022
Correspondence
19 Jul
2022
Oral evidence
Oral evidence sessions 5 sessions
13 Mar 2023
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Foreign Affairs Committee
David Rutley · Foreign, Commonwealth & Development Office Jennifer Anderson · Foreign, Commonwealth & Development Office The Lord Ahmad of Wimbledon · Foreign, Commonwealth & Development Office
7 Feb 2023
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Foreign Affairs Committee
Mickey Bergman · Governor Richardson Center for Global Engagement Phil Harper QPM · Sheep One Hundred
19 Jul 2022
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Foreign Affairs Committee
Dr Tatyana Eatwell · Doughty Street Chambers Hans-Jakob Schindler · Counter Extremism Project (CEP) Rupert Skilbeck · REDRESS
24 May 2022
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Foreign Affairs Committee
Brian Jenkins · Rand Corporation Rachel Briggs · The Clarity Factory The Rt Hon. the Lord Hammond of Runnymede
17 May 2022
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Foreign Affairs Committee
Rt Hon Alistair Burt · Foreign and Commonwealth Office Rt Hon Jeremy Hunt
Recommendations & Conclusions
39 results
1 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
The limited data available indicates that state hostage taking is an increasing problem globally.
The limited data available indicates that state hostage taking is an increasing problem globally. Arbitrary detention is also a growing phenomenon, increasing the likelihood of citizens in this position becoming pawns in state-to-state relations. All arbitrary detentions are illegal and … Read more
Government Response
The government acknowledges the increasing international concern about arbitrary detention, but states that evidence of increasing risk to British nationals is less clear and that avoiding politicisation can be the best route to de-escalation.
Foreign and Commonwealth Office
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2 Recommendation Rejected
Sixth Report - Stolen years: comba…
We recommend that within the next 12 months the Government formalises and publishes guidance outlining...
We recommend that within the next 12 months the Government formalises and publishes guidance outlining criteria for determining whether the detention of a UK national by a foreign state is considered arbitrary and at risk of being used for state … Read more
Government Response
The government does not agree to formalize and publish guidance on criteria for determining arbitrary detention, stating they use a multi-disciplinary task force approach to identify such cases and ensure any attempt to exert diplomatic leverage is identified quickly.
Foreign and Commonwealth Office
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3 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
The FCDO has a policy of not commenting on, or interfering with, a foreign state’s...
The FCDO has a policy of not commenting on, or interfering with, a foreign state’s legal system. Evidence suggests that the existence of an opinion from the UN Working Group on Arbitrary Detention that a British national is illegally detained … Read more
Government Response
The government acknowledges the UNWGAD's opinion seriously and considers it when determining their approach, but says that actions are focused on the need to consider, on a case-by-case basis, the best interests of the detained individual and what they judge to be the most effective approach.
Foreign and Commonwealth Office
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4 Recommendation Acknowledged
Sixth Report - Stolen years: comba…
We recommend that when there is a UN Working Group on Arbitrary Detention opinion that...
We recommend that when there is a UN Working Group on Arbitrary Detention opinion that a detention of a UK citizen is illegal, the FCDO assumes that the case will not be judged in line with international standards and should … Read more
Government Response
The government acknowledges the UNWGAD's opinion seriously and considers it when determining their approach, but says that actions are focused on the need to consider, on a case-by-case basis, the best interests of the detained individual and what they judge to be the most effective approach.
Foreign and Commonwealth Office
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5 Recommendation Deferred
Sixth Report - Stolen years: comba…
We also recommend that the Government uses its presence on the UN Human Rights Council...
We also recommend that the Government uses its presence on the UN Human Rights Council to work to safeguard the Rules Bases International System by working to prevent countries which use hostage taking as a tool of diplomacy gaining influence … Read more
Government Response
The government states that the UNWGAD is comprised of independent experts and the UK has no opportunity to influence the recruitment process.
Foreign and Commonwealth Office
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6 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
Experience elsewhere would suggest that having a single point of contact who has a key...
Experience elsewhere would suggest that having a single point of contact who has a key decision-making, or high-level advisory, role outside consular services has the potential to improve the Government’s approach to responding to arbitrary detentions as well as its … Read more
Government Response
The government agrees there is increasing international concern about the practice of detaining individuals for diplomatic leverage, but says the evidence of increasing risk to British nationals detained overseas is less clear and that avoiding politicisation can be the best route to de-escalation and release.
Foreign and Commonwealth Office
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7 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
By identifying and articulating the nature of detentions, the Government would have the option to...
By identifying and articulating the nature of detentions, the Government would have the option to put arbitrary detentions on a lane of engagement distinct to other diplomatic priorities with the detaining country. This could allow for creative solutions unconstrained by … Read more
Government Response
The government agrees that detention for diplomatic leverage is unacceptable, but the evidence of increasing risk to British nationals is less clear and politicization may not be helpful.
Foreign and Commonwealth Office
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8 Conclusion Not Addressed
Sixth Report - Stolen years: comba…
Learning from previous cases needs to be central to the formulation of a coherent and...
Learning from previous cases needs to be central to the formulation of a coherent and flexible approach to securing the release of detainees. Given the high turnover of ministers and civil servants, we have seen insufficient evidence to indicate that … Read more
Government Response
The government did not address the conclusion on learning from previous cases. Instead, the response discussed international law and consular relations.
Foreign and Commonwealth Office
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9 Recommendation Not Addressed
Sixth Report - Stolen years: comba…
Starting immediately, we recommend a central repository be created for information on cases of arbitrary...
Starting immediately, we recommend a central repository be created for information on cases of arbitrary detention and hostage taking, both active and closed, detailing processes followed and learning gained. There should be a systematic approach applied to all cases, not … Read more
Government Response
The government did not address the recommendation to create a central repository for information, and instead discussed international law and consular relations.
Foreign and Commonwealth Office
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10 Recommendation Accepted
Sixth Report - Stolen years: comba…
We recommend biennial meetings of Ambassadors and Deputy Heads of Mission of ‘Five Eyes’ countries...
We recommend biennial meetings of Ambassadors and Deputy Heads of Mission of ‘Five Eyes’ countries in states with a record of state hostage taking to discuss live cases and lessons learnt, and to disseminate best practice.
Government Response
The government states that there is already regular (at least biennial) communication amongst diplomatic and consular colleagues from ‘Five Eyes’ countries between capitals and overseas.
Foreign and Commonwealth Office
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11 Conclusion Accepted
Sixth Report - Stolen years: comba…
In cases we have examined, the FCDO has been too slow to identify detentions of...
In cases we have examined, the FCDO has been too slow to identify detentions of concern and to escalate these cases within the department. Any system of rapidly identifying such cases needs to be able to harness the extensive knowledge … Read more
Government Response
The government states that the FCDO already uses a task force approach to harness knowledge and expertise, and trains staff to reassess complex consular cases systematically and escalate them to senior staff without delay.
Foreign and Commonwealth Office
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12 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
It is important that the “no concessions” policy, and the limited toolbox of standard diplomatic...
It is important that the “no concessions” policy, and the limited toolbox of standard diplomatic responses, should not preclude creative negotiations and conversations within the confines of UK and international law; or limit the effectiveness of points of leverage the … Read more
Government Response
The government acknowledges the importance of creative negotiations within legal boundaries and states that they consider a range of available tools and levers including creative options through a task force approach.
Foreign and Commonwealth Office
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13 Recommendation Rejected
Sixth Report - Stolen years: comba…
On balance, we believe that the MacGregor review’s recommendations do not go far enough and...
On balance, we believe that the MacGregor review’s recommendations do not go far enough and the interests of the affected families and those of the FCDO in securing detainee releases are best served by concentrating responsibility for handling these cases … Read more
Government Response
The government rejects the creation of a Director for Arbitrary and Complex Detentions, stating the Foreign Secretary has primacy and they prioritise country-specific expertise and consular best practice, using senior geographic leads and a Director for Consular Services.
Foreign and Commonwealth Office
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14 Recommendation Accepted
Sixth Report - Stolen years: comba…
All cases of arbitrary detention should be pursued at speed from as early as possible...
All cases of arbitrary detention should be pursued at speed from as early as possible with a full mobilisation response before the person is formally charged. We recommend that appropriate consultation take place to establish a clear system for quickly … Read more
Government Response
The government believes that their current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained for diplomatic leverage.
Foreign and Commonwealth Office
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15 Conclusion Accepted
Sixth Report - Stolen years: comba…
The evidence would suggest that the Government’s use of diplomatic protection in cases of arbitrary...
The evidence would suggest that the Government’s use of diplomatic protection in cases of arbitrary detention was badly handled. It was ill thought through and poorly implemented. It is likely that this was due to officials’ discomfort with this approach … Read more
Government Response
The government believes that the current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained.
Foreign and Commonwealth Office
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16 Recommendation Accepted
Sixth Report - Stolen years: comba…
We recommend that in the next six months the Government learns lessons from the extending...
We recommend that in the next six months the Government learns lessons from the extending of Diplomatic Protection to Nazanin Zaghari-Ratcliffe and draws up clear guidelines on situations where diplomatic protection could be considered and how it might be employed. … Read more
Government Response
The Government believes that its current approach, led by Ministers, and supported by Ambassadors and senior officials who hold the necessary political and geographic expertise, is the best route to securing the release of those who have been arbitrarily detained for diplomatic leverage.
Foreign and Commonwealth Office
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17 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
There should be a more constructive relationship between Parliament and the FCDO in support of...
There should be a more constructive relationship between Parliament and the FCDO in support of efforts to bring home UK nationals arbitrarily detained abroad and also to further long-term international efforts to deter the practice. Parliamentarians can also assist by … Read more
Government Response
The Government agrees the importance of continuous improvement and proactive case management and has systems and practices in place to support this, including a central database for recording and managing consular casework globally, and thorough briefings for incoming staff or Ministers.
Foreign and Commonwealth Office
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18 Recommendation Not Addressed
Sixth Report - Stolen years: comba…
We recommend that the FCDO demonstrates meaningful engagement and provides the Committee with an annual...
We recommend that the FCDO demonstrates meaningful engagement and provides the Committee with an annual private report on the progress of UK nationals arbitrarily detained abroad, with follow-up briefing at the Foreign Office if required, to enable the work of … Read more
Government Response
The Government agrees the importance of continuous improvement and proactive case management and has systems and practices in place to support this, including a central database for recording and managing consular casework globally, and thorough briefings for incoming staff or Ministers. This response does not address the recommendation to provide an annual private report to the Committee.
Foreign and Commonwealth Office
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19 Recommendation Accepted
Sixth Report - Stolen years: comba…
The presumption that “quiet diplomacy” and family silence is always appropriate throughout cases of state...
The presumption that “quiet diplomacy” and family silence is always appropriate throughout cases of state detentions and state hostage taking is a false one, other than in the initial phases. Silence abets state hostage taking. We recommend the Government uses … Read more
Government Response
The government agrees with the recommendation and says it already seeks to support families who wish to proceed publicly, assessing options on a case-by-case basis and offering advice while respecting the family's decision.
Foreign and Commonwealth Office
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20 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
The Government and its allies have missed key opportunities to publicly demonstrate the importance placed...
The Government and its allies have missed key opportunities to publicly demonstrate the importance placed on the release of UK nationals, both privately and in public. The decision of Richard Ratcliffe to begin a hunger strike is perhaps the starkest … Read more
Government Response
The Government accepts the fundamental importance of early identification and escalation of complex detentions, and states that is why the FCDO has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, experience, and expertise.
Foreign and Commonwealth Office
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21 Recommendation Accepted
Sixth Report - Stolen years: comba…
We recommend that if a family believes their case would be best served by going...
We recommend that if a family believes their case would be best served by going public, the Government should have frank, detailed and regular conversations with them on the likely impacts of their decision and advise on how to proceed … Read more
Government Response
The government states it has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, experience, and expertise and works with external partners.
Foreign and Commonwealth Office
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22 Recommendation Acknowledged
Sixth Report - Stolen years: comba…
UK nationals have been let down by the information shared by Ministers— actions which were...
UK nationals have been let down by the information shared by Ministers— actions which were counterproductive and may have contributed to less favourable conditions for an earlier release. Coherence and accuracy are vital not only in fairness to the families … Read more
Government Response
The Government accepts the fundamental importance of early identification and escalation of complex detentions, and states that is why the FCDO has adopted the task force approach recommended in the Macgregor review to harness the widest possible range of knowledge, experience, and expertise.
Foreign and Commonwealth Office
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23 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
The UK Government is judged on how it cares for its citizens at home and...
The UK Government is judged on how it cares for its citizens at home and overseas. In Iran, the Government failed to assert and secure its rights under the Vienna Convention to provide consular assistance to UK nationals held in … Read more
Government Response
The Government states it is determined to deter and combat the practice of arbitrary detention for the purpose of diplomatic leverage and believes not making substantive concessions is an important part of discouraging this practice. HMG has maintained a consistent policy of not entering into prisoner exchanges involving British nationals detained overseas.
Foreign and Commonwealth Office
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24 Recommendation Acknowledged
Sixth Report - Stolen years: comba…
The UK Government, working with allies where possible, must use every means at its disposal...
The UK Government, working with allies where possible, must use every means at its disposal to secure the basic level of consular access it commits to provide for its nationals and that it is entitled to under international law—regardless of … Read more
Government Response
The Government is determined to deter and combat the practice of arbitrary detention for the purpose of diplomatic leverage by not making substantive concessions.
Foreign and Commonwealth Office
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25 Conclusion Rejected
Sixth Report - Stolen years: comba…
The working assumption should be that families are partners who have the potential to be...
The working assumption should be that families are partners who have the potential to be instrumental in the attempts to resolve the detentions. Despite Government assurances, we do not believe that sufficient progress has been made in improving communication with … Read more
Government Response
The government does not agree that a separate post of Director for Arbitrary and Complex Detentions should be established, noting the Foreign Secretary's primacy within Cabinet.
Foreign and Commonwealth Office
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26 Recommendation Rejected
Sixth Report - Stolen years: comba…
We recommend that unless the detainee expressly withholds consent to do so, the families of...
We recommend that unless the detainee expressly withholds consent to do so, the families of any vulnerable or arbitrary detainee receiving consular assistance be provided by a senior manager or minister in the FCDO at the soonest possible time with … Read more
Government Response
The government does not agree with establishing a separate post of Director for Arbitrary and Complex Detentions, as their approach reflects the Foreign Secretary's primacy within Cabinet and the importance of country-specific expertise and consular best practice.
Foreign and Commonwealth Office
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27 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
We welcome the willingness of the FCDO to refer detainees and families of detainees to...
We welcome the willingness of the FCDO to refer detainees and families of detainees to organisations such as Hostage International, Reprieve, Fair Trials and Prisoners Abroad who are able to offer assistance and counsel. We believe this is a highly … Read more
Government Response
The government describes its task force approach to complex consular cases, and the process of informing and accounting to Ministers, to ensure prompt identification of complex detentions, including possible use of a detained British national for diplomatic leverage.
Foreign and Commonwealth Office
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28 Recommendation Not Addressed
Sixth Report - Stolen years: comba…
We recommend a plan be prepared by the FCDO for providing material support for long-term...
We recommend a plan be prepared by the FCDO for providing material support for long-term arbitrarily detained persons on their release as well as support during detention for families especially where the detainee is the primary earner. In this context … Read more
Government Response
The government discusses the task force approach to complex consular cases, designed to ensure prompt identification of complex detentions.
Foreign and Commonwealth Office
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29 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
There is compelling evidence that the repayment of the IMS debt became a precondition for...
There is compelling evidence that the repayment of the IMS debt became a precondition for the release of UK nationals from Iran. The failure to pay it sooner was highly regrettable and almost certainly adversely affected the length of detentions … Read more
Government Response
The government says the IMS debt created a unique situation, the debt resolution was complex, domestic and international litigation lengthened the process, and it would not have been appropriate to pay a debt still under consideration by a court.
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30 Conclusion Rejected
Sixth Report - Stolen years: comba…
The Government took longer to repay the IMS Debt than it needed to and the...
The Government took longer to repay the IMS Debt than it needed to and the eventual circumstances under which it was paid were unsatisfactory. We conclude that the only factors which changed and therefore allowed repayment in March 2022 were … Read more
Government Response
The government disputes the committee's characterisation of the IMS debt repayment, stating it was done in compliance with sanctions and that UK-US relations remain close.
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31 Recommendation Rejected
Sixth Report - Stolen years: comba…
The FCDO’s failure to have maintained robust travel advice on the front page of the...
The FCDO’s failure to have maintained robust travel advice on the front page of the website for Iran between 2016 and 2018 is a significant error which may have made UK nationals less safe in Iran and likely other countries … Read more
Government Response
The government acknowledges the importance of travel advice but declines to give tailored advice beyond what is already available, citing a commitment to avoid 'double standards' and directing individuals to existing travel advice resources.
Foreign and Commonwealth Office
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32 Recommendation Deferred
Sixth Report - Stolen years: comba…
We recommend that a list is prepared of countries where UK nationals face an increased...
We recommend that a list is prepared of countries where UK nationals face an increased risk of arbitrary detention and being taken hostage. This should inform decisions around the escalation of cases as well as the outward facing travel advice. … Read more
Government Response
The decision to exercise diplomatic protection formally raised Mrs Zaghari-Ratcliffe’s case to a state-to-state level, but it did not assist efforts to secure her release as Iran refused to recognise Mrs Zaghari-Ratcliffe’s British nationality.
Foreign and Commonwealth Office
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33 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
The arbitrary detention of UK nationals and their subsequent use in hostage diplomacy is a...
The arbitrary detention of UK nationals and their subsequent use in hostage diplomacy is a growing threat not only to the safety of individuals but also UK national security. A robust response and deterrence need to be developed to counter … Read more
Government Response
The government explained the decision to exercise diplomatic protection for Mrs. Zaghari-Ratcliffe, noting it did not assist in securing her release due to Iran's refusal to recognize her British nationality.
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34 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
We welcome the UK Government’s continuing commitment to the Canadian-led initiative to address arbitrary detention...
We welcome the UK Government’s continuing commitment to the Canadian-led initiative to address arbitrary detention in state-to-state relations. There needs to be a clear response to such behaviour at a national, and where possible, a multilateral level, to achieve effective … Read more
Government Response
The government recognizes the importance of a constructive relationship between Parliament and the FCDO, the vital work that MPs carry out, and the important role of the Committee in providing scrutiny.
Foreign and Commonwealth Office
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35 Conclusion Acknowledged
Sixth Report - Stolen years: comba…
State hostage taking is not only a humanitarian outrage, but an attempt to undermine the...
State hostage taking is not only a humanitarian outrage, but an attempt to undermine the Rules Based International Order. As a country that has committed to protect the RBIO, standing up for the rule of law and the protection of … Read more
Government Response
The government recognizes the importance of a constructive relationship between Parliament and the FCDO, the vital work that MPs carry out, and the important role of the Committee in providing scrutiny.
Foreign and Commonwealth Office
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36 Recommendation Acknowledged
Sixth Report - Stolen years: comba…
We recommend that within the next six months the Government outline the measures, including Magnitsky-style...
We recommend that within the next six months the Government outline the measures, including Magnitsky-style sanctions and legal proceedings both domestically and Stolen years: combatting state hostage diplomacy 53 at the International Court of Justice, it is prepared to take … Read more
Government Response
The Government agrees that States who target foreign nationals and manipulate their judicial systems should be left in no doubt about the political and diplomatic price they pay, and states it robustly challenges the practice of using detained foreign nationals to seek political leverage, working with international partners.
Foreign and Commonwealth Office
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2 Recommendation
Ninth Report - Combatting state ho…
Extend review to reassess all arbitrary detention cases involving British nationals in high-risk countries.
We recommend that the Government extend its review to reassess all cases where British nationals have received opinions of arbitrary detention and are being held in countries where there is a history of torture of foreign detainees. • The review … Read more
Foreign and Commonwealth Office
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3 Recommendation
Ninth Report - Combatting state ho…
Appoint a dedicated Director for Complex and Arbitrary Detentions with ancillary staff.
We recommend, once again, that a Director for Complex and Arbitrary Detentions is appointed with relevant ancillary staff in order to deliver consistency, improved partnerships with families, better coordination across Whitehall, as well as benefitting from greater authority and flexibility … Read more
Foreign and Commonwealth Office
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4 Recommendation
Ninth Report - Combatting state ho…
FCDO's defensive culture undermines effective support for British nationals in arbitrary detention.
The case of Matthew Hedges, and the Parliamentary Ombudsman’s report into the FCDO’s engagement in his case, is a stinging indictment of the FCDO’s approach to arbitrary detention and consular assistance. It demonstrates an inability to ensure that their own … Read more
Foreign and Commonwealth Office
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Government Response AI assessment · 36 of 21 classified
Accepted 7
Acknowledged 17
Deferred 2
Not Addressed 4
Rejected 6
Total 21 recs + 18 conclusions
Correspondence 4 letters
6 Jul 2023 From committee Letter to the Foreign Secretary relating to the Government Response to the Committee's report: 'Stolen years: combatting state hostage diplomacy', dated 05/07/2023
Parliament page
6 Jul 2023 Correspondence with the Minister for Americas and the Caribbean following the FAC oral evidence session on 13 March 2023, dated 22/05/2023 and 31/03/2023
Parliament page
28 Mar 2023 Correspondence with the Foreign Secretary relating to the Committee's inquiry on the FCDO's approach to state level hostage situations, dated 21/03/2023 and 06/03/2023
Parliament page
8 Sep 2022 Correspondence with the Foreign Secretary relating to the status of Morad Tahbaz's detention, dated 12/08/2022 and 20/07/2022
Parliament page