Foreign AffairsSupplementary written evidence from the Rt Hon Baroness Warsi PC, Senior Minister of State, Foreign and Commonwealth Office

My colleague, the Rt Hon Hugo Swire, wrote to you on 27 March noting that the Foreign and Commonwealth Office (FCO) would provide more information on the arrangements for monitoring bodies in relation to Deportation with Assurances (DWA). I apologise for the delay in replying.

The FCO’s response to the Foreign Affairs Committee’s recommendations in relation to the 2012 Annual Human Rights Report was that we would provide details of current monitoring bodies and arrangements made for follow-up monitoring separately to the Committee.

The UK has DWA arrangements with Algeria, Morocco, Jordan, Lebanon and Ethiopia. The DWA Memorandum of Understanding (MoU) with Libya is no longer considered operational and no one has ever been returned there under the terms of the DWA MOU. The monitoring provisions for each arrangement vary due to the agreements with each individual country.

The UK’s Terms of Reference and DWA MoU with Ethiopia, Jordan and Lebanon allow the nominated monitoring body frequent and unannounced access to individuals detained following their removal from the UK. The monitoring terms of reference for these countries also require that visits are conducted in private, with an interpreter if necessary, by experts trained to detect physical and psychological signs of torture and ill-treatment. Monitors can also arrange for medical examinations to take place at any time if they have concerns over a detainee’s physical or mental welfare. An MoU was signed with the Moroccans in 2011 and the monitoring arrangements for the UK’s DWA arrangement are being finalised. The UK’s DWA arrangement with Algeria consists of an exchange of letters between the UK and Algerian governments. The monitoring arrangements for Algeria are carried out by our Embassy in Algiers, and allows for returned individuals and their families to contact it if they have any concerns about the treatment of the individual on return.

The monitoring bodies currently working with us on DWA are: the Ethiopian Human Rights Commission in Ethiopia, the Adaleh Centre in Jordan and the Institute of Human Rights in Lebanon. A specimen terms of reference of the duties we would ordinarily expect monitoring bodies to carry out is enclosed. When identifying a third party to act as a monitoring body we will consider a number of factors. These can include our existing relationship and knowledge of the third party organisation, open source reporting, independently commissioned reports to establish independence and capacity to fulfil the role, as well as detailed discussions with the third party themselves. A monitoring body must also be able to report to the UK government.

I hope this reassures the Committee that the UK’s DWA monitoring mechanisms are effective and ensure the FCO’s safety on return responsibilities are fully met.

Specimen: Terms of Reference for Monitoring Body

1. Key features of Monitoring Body

(a)The Monitoring Body must be independent of the government of the receiving State, ie:

the State must have no influence over the mandate of the Body nor over its existence/composition, even on a change of government;

the Body’s personnel must be independent of the State;

the Body must be financially independent1

the Body must be able to produce frank and honest reports.

(b)The Monitoring Body must have capacity for the task, ie have experts (“Monitors”) trained in detecting physical and psychological signs of torture and ill-treatment. The Body must have, or have access to, sufficient independent lawyers, doctors, forensic specialists, psychologists, and specialists on human rights, humanitarian law, prison systems and the police.

2. Journey to receiving State

A Monitor should accompany every person returned under the MOU (“returned person”) throughout their journey from the sending State to the receiving State, and should go with them to their home or, if taken to another place, to that place.

3. Accessibility to persons not in detention

(a)Before leaving a returned person at their home or other destination, the Monitor should obtain his or her contact details, and should obtain the contact details of one other person of the returned person’s choosing (“next of kin”) who generally has knowledge of the returned person’s movements and is willing to participate in the monitoring arrangements. The Monitor should provide both the returned person and the next of kin with the Monitoring Body’s contact details.

(b)For the first year after the person returns, a Monitor should contact him or her, either by telephone or in person, on a weekly basis. If the returned person is unavailable on any occasion, the Monitor should instead contact the next of kin.

(c)At all times, the Monitoring Body should be accessible to any returned person or next of kin who wishes to contact it, and should report to the sending State on any concerns raised about the person’s treatment or if the person disappears.

4. Visits to detainees

(a)When the Monitoring Body becomes aware that a returned person has been taken into detention, a Monitor or Monitors should visit that person promptly.

(b)Thereafter, Monitors should visit all detainees frequently and without notice (at least as frequently as the MOU permits; Monitors should consider requesting more frequent visits where appropriate, particularly in the early stages of detention).

(c)Monitors should conduct interviews with detainees in private, with an interpreter if necessary.

(d)Monitoring visits should be conducted by experts trained to detect physical and psychological signs of torture and ill-treatment. The visiting Monitor or Monitors should ascertain whether the detainee is being provided with adequate accommodation, nourishment, and medical treatment, and is being treated in a humane and proper manner, in accordance with internationally accepted standards.

(e)When interviewing a detainee, a Monitor should both encourage frank discussion and observe the detainee’s condition.

(f)Monitors should arrange for medical examinations to take place promptly at any time if they have any concerns over a detainee’s physical or mental welfare.

(g)The Monitoring Body should obtain as much information as possible about the detainee’s circumstances of detention and treatment, including by inspection of detention facilities, and should arrange to be informed promptly if the detainee is moved from one place of detention to another.

5. Fair trial

In order to monitor compliance with the right to fair trial, Monitors should have access to all court hearings, subject to the requirements of national security.

6. Specific assurances

Monitors should ensure that they are mindful of any specific assurances made by the receiving State in respect of any individual being returned, and should monitor compliance with these assurances.

7. Reporting

(a)The Monitoring Body should provide regular frank reports to the sending State.

(b)The Monitoring Body should contact the sending State immediately if its observations warrant.

3 June 2013