Cross-party MPs Urge the UK Government to Tackle Arbitrary Detention of British Nationals Like Jagtar Singh Johal

On 5 December 2024, MPs from every major party called on the Government to take urgent action to remedy the UK’s flawed approach to British nationals detained abroad during a backbench business debate in the House of Commons.

The debate, led by Sir Iain Duncan Smith MP, Chair of the APPG on Magnitsky Sanctions and Reparation, highlighted the serious and persistent issues with the government’s response to arbitrary detention and State hostage-taking, including the lack of a legal right to consular assistance. Many cases of British nationals subject to arbitrary detention were raised, including Jagtar Singh Johal, Alaa Abdel Fattah, Jimmy Lai, Ryan Cornelius, and Dr. Gubad Ibadoghlu. The debate underscored not only the human rights violations faced by those detained, but the structural flaws in the UK’s approach that leave individuals vulnerable to torture and ill-treatment when detained overseas.

The unpredictable and opaque nature of consular assistance provided by the Foreign, Commonwealth and Development Office (FCDO) was identified as a key concern, with MPs highlighting the lack of clear guidelines and consistent support for British nationals facing arbitrary detention. Christine Jardine MP asked whether support for British nationals detained abroad is “as consistent across the globe as we might like and as many members of the public would imagine it to be,” a concern echoed by  Iain Duncan Smith, who criticised the “cloud of obscurity” that shrouds government actions.

Blair McDougall MP highlighted how other countries, such as the United States and Canada, have shown far greater cohesion in their response to these cases. He urged the government to take a more unified approach, ensuring that British citizens are treated with the same urgency and care as their international counterparts.

At least 100 UK nationals are tortured or ill-treated abroad each year, with 188 new allegations of mistreatment reported to the FCDO in 2023 alone. Despite this, the UK has been hesitant to use available tools – such as Magnitsky sanctions – to hold perpetrators accountable.

The debate spotlighted the rise of State hostage-taking, with Iran identified as a key perpetrator. Emily Thornberry MP, Chair of the Foreign Affairs Committee, argued that sanctions should be better utilised to deter wrongful detentions and apply pressure on States that engage in hostage-taking:

“We should be making better use of our sanctions policy to deter the wrongful detention of British people, or as a tool to apply pressure to those who hold British nationals. […] If we had better parliamentary scrutiny of our sanctions policy, perhaps we would make better use of it.”

Jagtar Singh Johal’s case was a focal point of the debate. A British human rights defender from Dumbarton, Scotland, he has been detained in India for seven years and faces a possible death sentence following charges based on a confession extracted under torture. Multiple MPs raised his case and called on the Government to do more to secure his release.

Warinder Juss MP:

“What has happened to Jagtar Johal is against all the rules of natural justice. We have a British citizen who, by all consensus, has been detained in a foreign jail arbitrarily for seven years. We are therefore right to be concerned and right to want to know what is being done to secure his release.”

Iain Duncan Smith criticised the FCDO for its delay in raising allegations of torture in Jagtar’s case, pointing out that it took two to three months to obtain consent to address the matter with Indian authorities. Douglas McAllister MP underscored the importance of consular assistance as the sole link between detained individuals and the outside world, urging the FCDO to escalate diplomatic efforts to bring Jagtar home.

MPs urged the Government to reform its handling of arbitrary detentions, such as by introducing a legal right to consular assistance, a special envoy for cases of State hostage-taking, greater transparency and accountability for arbitrary detention – including clear criteria for identifying arbitrary detention and public data on the scale and scope of the problem – and effective use of Magnitsky sanctions again those responsible.

As Iain Duncan Smith said, “It is clear from the debate that everybody shares the view that it is time for there to be a concentration of effort so that all powers are brought to bear on foreign Governments and every angle is used: trade, investments and, ultimately, sanctions.”

You can read the transcript of the debate here.