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Guantanamo Bay Detainees

Tony Worthington: To ask the Secretary of State for Foreign and Commonwealth Affairs what progress has been made towards bringing into practice a judicial system for the prisoners held at Guantanamo Bay. [111809]

Mr. Mike O'Brien: It is for the US, as the detaining power, to decide whether to prosecute the detainees.

We have pressed the US at senior levels to resolve the position of the detainees at Guantanamo Bay and will continue to do so.

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We have made clear our views that the detainees, if prosecuted, should receive a fair trial.

Indonesia

Jeremy Corbyn: To ask the Secretary of State for Foreign and Commonwealth Affairs what monitoring of Indonesian military operation in Aceh is being undertaken by the UK Embassy in Jakarta; what discussions his Department has held with women's rights organisations on such operations; and if he will make a statement. [113234]

Mr. Mike O'Brien [holding answer 13 May 2003]: Our Embassy in Jakarta will be using all available sources of information, including NGOs, to monitor military operations in Aceh.

FCO officials have recently held discussions with an Aceh-based member of ORPAD, the Acehnese Women's Organisation for Democracy, who had expressed concern about the noticeable build-up of military activity in Aceh.

International Criminal Court

Tony Worthington: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if he will make a statement about recent activities of the Government relating to bilateral agreements with the United States concerning the International Criminal Court; [111806]

(2) what implications the recent Extradition Treaty signed with the United States has for the treatment of those suspected of committing war crimes who might be tried by the International Criminal Court. [111808]

Mr. Rammell: On 31 March 2003, my right hon. Friend the Home Secretary, together with the US Attorney General, signed a new bilateral Extradition Treaty between the United Kingdom and the USA. Article 16.2 of the Treaty contains a standard provision precluding the UK from transferring persons extradited from the US elsewhere without US consent, and vice versa. Such a provision features in the existing (1972) UK/US Extradition Treaty.

At US request, the UK has provided a side letter to the new Treaty confirming that the UK understands this provision to preclude the onward surrender to the International Criminal Court (ICC) of a person extradited from the US; and that the UK would contest any request from the ICC for such a surrender, as being incompatible with Article 98.2 of the ICC Statute.

Article 98.2 provides for non-surrender of an individual to the ICC where the requested State has an international obligation that gives the right of consent to the sending State.

There have been no other discussions with the US in respect of agreements relating to Article 98.2 of the ICC Statute since officials met at US request on 17 October 2002. I refer my hon. Friend to the answer I gave him on 26 February 2003, Official Report, column 595W.

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Kashmir

Margaret Moran: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) what representations he has received in the last 12 months in respect of human rights violations in Indian-held Kashmir; [110665]

(2) what recent discussions he has had on introducing international human rights inspectors to Indian-held Kashmir. [110666]

Mr. Mike O'Brien: We have in the past 12 months received nearly 150 letters from members of the public and 37 letters from honourable Members raising concerns over the human rights situation in Jammu and Kashmir. We have also received a number of reports from human rights non-governmental organisations on alleged violations by the security forces and certain police groups there.

I discussed the human rights situation in Kashmir, including access for international monitors, with Mr. I.D. Swami, the Indian Minister of State for Home Affairs, in New Delhi on 17 October 2002. We will continue to urge the Government of India to allow access to Jammu and Kashmir for international human rights groups, such as Amnesty International, and UN Special Rapporteurs.

Dr. Tonge: To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has made to the Governments of (a) India and (b) Pakistan, on the killing of civilians in (i) Nadimarg and (ii) Chatisingpura. [112732]

Mr. Mike O'Brien: My right hon. Friend, the Foreign Secretary remains in close and regular contact with the Governments of India and Pakistan. The Foreign Secretary condemned the 24 March killing of innocent civilians at Nadimarg and urged Pakistan to do its utmost to discourage any acts of violence by militants in Kashmir. These points were covered in the joint statement with US Secretary Powell at Camp David on 27 March.

The differences between India and Pakistan can only be resolved through peaceful means and engagement. We therefore welcome recent moves by both sides towards the normalisation of relations. We hope that these positive developments prove to be the first step in a process of building confidence, normalising bilateral relations and resolving their outstanding differences, including Kashmir. We will continue to do all that we can in support of these positive developments.

Mental Health

Mr. Paul Marsden: To ask the Secretary of State for Foreign and Commonwealth Affairs how many of his staff retired on medical grounds due to mental health problems in the last year. [111962]

Mr. Mike O'Brien: Under the terms of the Data Protection Act the Foreign and Commonwealth Office is unable to provide this information, as it would infringe individual privacy. The identity of individuals and their medical history should remain private, especially when the numbers involved may be so low that identification is easy to achieve.

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Mr. Paul Marsden: To ask the Secretary of State for Foreign and Commonwealth Affairs how many of his staff have taken sick leave due to mental health problems in the last year. [111985]

Mr. Mike O'Brien: In the last financial year 157 staff at the Foreign and Commonwealth Office took sick leave due to mental health problems. Our definition of mental health illness includes depression/mental illness and stress.

Mr. Paul Marsden: To ask the Secretary of State for Foreign and Commonwealth Affairs how many sick days were lost over the last year by his Department through staff mental health problems. [111999]

Mr. Mike O'Brien: The Foreign and Commonwealth Office had 157 incidents of mental health absence in the last financial year. An incident is defined as one continuous absence period. We are unable to provide a full breakdown of days lost to mental health absence without incurring disproportionate costs. Our definition of mental health illness includes depression/mental illness and stress.

Nigeria

Ann Clwyd: To ask the Secretary of State for Foreign and Commonwealth Affairs what recent representations have been made to the Nigerian Government regarding the death sentence passed on Amina Lawal. [111913]

Mr. Rammell: I refer my hon. Friend to the answer I gave my hon. Friend the member for South Swindon (Julia Drown) during oral questions to the Foreign Secretary on 6 May Official Report column 528.

North Korea

Mr. Hancock: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the Answer of 28 April 2003, Official Report, column 126W, on North Korea, what discussions the Government have had with international partners in the last six months; and what meetings are scheduled to discuss the situation in North Korea. [112123]

Mr. Rammell: The Government are in close and regular consultation with international partners on the issue of North Korea's nuclear programmes. The UK has participated in talks about DPRK in a range of international fora including the UN and the EU. My right hon. Friends the Prime Minister, the Foreign Secretary and I are in contact with US, Chinese, Russian, South Korean and Japanese colleagues, on North Korea, and will continue to work with them and other key partners to find a peaceful and lasting resolution to this issue.

Pakistan

Mr. Roy: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has received about movement of Taliban supporters in tribal regions of Pakistan and their alliances. [112609]

Mr. Mike O'Brien: There is continuing activity by Taliban remnants in the tribal regions of Pakistan and Afghanistan. We regularly discuss with Pakistan the

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importance of their continuing support for coalition action against Al Qa'ida and its associates (including Taliban remnants).

Russia

Lynne Jones: To ask the Secretary of State for Foreign and Commonwealth Affairs what reports he has received on whether the closure, by Russian authorities, of internally displaced persons camps in Ingushetia has stopped following President Putin's statement on 10 December 2002; and what (a) bilateral and (b) multilateral action the UK Government are taking to press for an end to this closure. [112160]

Mr. MacShane: We are not aware of any camp closures in Ingushetia since President Putin's order that this practice should be stopped. Nevertheless, we have continued to remind the Russian authorities of their assurances that all movement of internally displaced persons (IDPs) would be strictly voluntary and of their obligations under the 1951 UN Convention on Refugees. We last did so bilaterally in March and the EU took similar action in mid-April at the EU-Russia Co-operation Council.

However, we are concerned by recent reports that the Ingush authorities have ordered the demolition of shelters built for IDPs currently living in dilapidated tent camps. We are monitoring the situation closely and would welcome a positive outcome to the negotiations between the Ingush Government and the humanitarian agencies involved.

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