Island MP Andrew Turner has expressed himself “very disappointed” with a Minister’s response to the imprisonment of two Cowes men, John Packwood and Henry Stableford, under international arrest warrants (IAWs). The MP described the response to a House of Commons debate on the as “falling back on the old Foreign Office formula” and failing to address significant injustices which now made them and two fellow crew members “prisoners in their own country.” He believes that the Foreign Office is too focussed on broader geopolitical issues to be able to give meaningful legal support to people in prison.
Mr Turner made the following points [italicized in the appended Hansard text]:
- Following a lengthy period of incarceration abroad, the two Cowes men were found innocent, but in spite of this neither they nor their colleagues (Oliver Bennett and Colin Bocquillon) are able to travel and work abroad. They are, he said, “Prisoners in their own country.”
- There is no means for a traveller to check before they travel whether or not there is an international warrant outstanding against them.
- It is unacceptable that travellers could find themselves arrested in a third country for crimes committed by the subsequent users of holiday staples such as boats, hotel rooms and hire cars.
- There is no clear process by which a warrant could be discharged, no means of preventing them from impeding freedom of movement and no Foreign Office (FCO) procedure for action where a judicial process falls below reasonable standards of probity.
- Arrests under IAWs will occur almost exclusively in third countries, which presents great difficulties in accessing legal advice.
- Neither of the arrested men had any interviews with Interpol, save briefly in 1997, the Moroccan authorities or the Serious Organized Crime Office (SOCA) concerning the allegations against them. Mr Turner asked, “Will the Foreign Office facilitate these interviews, on British soil?”
- All European Union nationals are entitled by law to equal treatment in EU countries, yet the treaties under which the men were apprehended in Spain and Italy would not have applied had they been Spanish or Italian citizens.
- The need of the FCO to balance its duty to British citizens with its diplomatic role adversely affects its ability to intervene in individual cases.
Mr Turner concluded by reiterating a proposal by the commentator Mariella Frostrup that,
“ ‘An independent body could serve us better, offer independent advice and, perhaps as often as is needed, roll up its sleeves and get its hands dirty, all of which could be done in a way that is distanced from the embassies’ diplomatic role and thus not damage foreign policy.’
“I hope Ministers will explore both suggestions, because until the Foreign Office either extends its consular ambitions … or finds someone who will do so for it, innocent citizens will face potentially serious problems if they travel overseas, and my four constituents will remain prisoners in their own country.”
The Minister, Dr Kim Howells, responded by stating that during the past twelve months the FCO had provided support to nearly 6,000 British nationals detained abroad, but stressed that the British government has no right to interfere in the judicial systems of other countries.
Afterwards Mr Turner said:
“The Minister’s response was very disappointing. He told us nothing new or useful; rather than answering my concerns he has simply restated the standard Foreign Office line, about not intervening in other countries’ legal systems, which does nothing to aid my constituents and others in similar circumstances.
“The Minister’s position illustrates perfectly why the Foreign Office is ill-placed to intervene to support Britons imprisoned overseas. Here is Kim Howells, Minister for Afghanistan, Iraq, Israel, Palestine and the Lebanon, asked to respond to the imprisonment of two men for an aggregate of thirteen months. The Government seems to feel it has bigger fish to fry. That is why we need to explore further how the consular services are delivered.
“Meanwhile there are points which the Minister has agreed to check on – how one can apply in Morocco to have a warrant lifted; how we can force Interpol to respond to enquiries; and whether my four constituents could be interviewed in this country (to help clear things up) by SOCA, Interpol or the Moroccan government.
“I look forward to his further responses.”
END Attached : Attached: Hansard, House of Commons, 28th November 2006 (Column 65WH) as pdf file