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
17 results
Clear
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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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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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.
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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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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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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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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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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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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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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.
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.
Foreign and Commonwealth Office
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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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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
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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