Foreign Fighters and the Death Penalty Debate

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Department: Home Office

Foreign Fighters and the Death Penalty

Andrew Mitchell Excerpts
Monday 23rd July 2018

(5 years, 9 months ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
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The hon. and learned Lady is a wise and knowledgeable barrister in her own right, and she will know that coming to this House to discuss individual cases that are subject to ongoing investigations does two things: it puts the investigation and the potential to bring charges at risk; and it could undermine the likelihood of those individuals getting a fair trial if we comment on it. I am sure that she, as a student of justice, would not wish that to happen. I will therefore not comment further on the cases involving these individuals. As we have said, it is incredibly rare in the first place that such issues are brought to the House or discussed in it.

There was no request from the US Administration for us to vary our assurances. That decision was taken within the United Kingdom by Ministers, and the Prime Minister was aware of that decision.

Andrew Mitchell Portrait Mr Andrew Mitchell (Sutton Coldfield) (Con)
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I have no doubt that my right hon. Friend, who is a distinguished former soldier, would have shot these two people had he engaged them on the battlefield, but these are not comparable circumstances and there are important and long-standing conventions in play. Will he bear in mind that, on human rights, we cannot distinguish between good and bad people? Human rights are indivisible and belong to everybody.

Ben Wallace Portrait Mr Wallace
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My right hon. Friend is absolutely right. In fact, I would not just have shot such people on the battlefield; I would have acted within the law and with the powers I was granted by Parliament and by the Government of the day, as he and I did under emergency deployment. We acted within the law, and just being a soldier on the battlefield did not exempt us from the law or human rights obligations.

I totally agree with human rights, and that is why Ministers have acted in line with our legal obligations and, indeed, taken advice in relation to the European convention on human rights. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) mentioned rendition, but no one is rendering. The UK Government fundamentally oppose rendition and will continue to do so.