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Foreign and Commonwealth Office

Answer

Ann Clwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the treatment of UK citizens who have been captured in Afghanistan and held by US forces, with special reference to (a) when consular officials will have access to them, (b) when the International Committee of the Red Cross will have access to them, (c) whether they will have legal representation, (d) whether they are prisoners of war under the Geneva conventions and who made the determination as to their status and (e) whether the UK citizens will be treated in accordance with the Geneva conventions. [28334] Mr. Bradshaw: A team of British officials visited Guantanamo Bay between 17 and 20 January and saw three British detainees. We continue to investigate reports of a small number of individuals detained in Afghanistan who might be British. We are aware of two British nationals who are detained in Kandahar by the US authorities. The International Committee of the Red Cross have established a presence at Guantanamo Bay and their officials have access to the detainees at any time. They also have access to detainees held by the US authorities in Afghanistan. We have asked the US to clarify what access the detainees will have to legal representation. Whether any individual is a prisoner of war depends on the facts of each individual case. It is for the US as the Detaining Power in the first instance to take a view. The US authorities have said that the detainees are being treated humanely and consistently with the principles of the Geneva conventions.

Secondary information

Type

Written question

Reference

28334; 379 c1186-7W;379 c1180-1W

Session

2001-02

Subjects

Access British nationality Diplomatic service Geneva Conventions Legal representation Prisoners USA Afghanistan Cuba International Red Cross Prisoners' rights

Link

View this Written question on www.publications.parliament.uk