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Detention of Jagtar Singh Johal
30 June 2021
Lead MP
Martin Docherty
West Dunbartonshire
SNP
Responding Minister
Nigel Adams
Tags
Foreign AffairsLocal Government
Word Count: 9097
Other Contributors: 12
At a Glance
Martin Docherty raised concerns about detention of jagtar singh johal in Westminster Hall. A government minister responded.
Key Requests to Government:
The MP asks why the UK Government does not deem Jagtar Singh Johal's detention as an arbitrary one, despite evidence suggesting otherwise. The MP also inquires about the failure to ensure an independent medical examination and the lack of private consular visits.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The MP is concerned about the prolonged detention of Jagtar Singh Johal for 1,335 days without substantial charges. The case began when Jagtar was taken by unidentified men in Jalandhar, and allegations of torture have since surfaced. The family has faced immense pressure, including the impact of COVID-19 in an overcrowded prison. Reprieve and Redress assert that Jagtar's detention is a clear breach of categories 1 to 4 of the United Nations working group on arbitrary detention's definition.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Mr Carmichael highlighted concerns over a briefing note circulated by the Indian Government, suggesting it lacked respect for the independence of their criminal justice system. He argued that Jagtar Singh Johal's detention is arbitrary and falls under categories 1-4 of UN guidance on arbitrary detention. Mr Carmichael urged the Minister to explain any differences in legal advice regarding Jagtar's case. Questioned why, if arbitrary detention is acknowledged, there hasn't been intervention from the UK Government.
The MP detailed Jagtar Singh Johal's torture and arbitrary detention in India, emphasising that he faces a death sentence based on trumped-up political charges. She urged the Government to implement its policy of seeking release for arbitrarily detained UK nationals and questioned whether Jagtar's case was raised during meetings between British and Indian leaders.
Hannah Bardell
SNP
Livingston
She expressed deep sympathies to Jagtar Singh Johal's family and praised Martin Docherty-Hughes for securing the debate. She highlighted the lack of support from the UK Government, stating that British citizens abroad feel let down by the Foreign, Commonwealth and Development Office. Bardell called for a legal right to consular assistance and criticised the government for prioritising trade deals over human rights.
Jim Shannon
DUP
Strangford
Jim Shannon highlighted the human rights violation against Jagtar Singh Johal, a British national detained in India. He criticised the treatment of Mr Johal, including torture and forced confessions, urging the FCDO to meet with his family and ensure their safety amidst the coronavirus outbreak in Tihar prison. Shannon also questioned why the Indian Government is ignoring international legal obligations regarding torture despite no evidence of wrongdoing.
Hayes and Harlington
John Martin McDonnell raised concerns about Jagtar Singh Johal's case, noting a significant level of concern among his constituents. He questioned the Government on their strategy for effective representations to the Indian Government, co-ordination with other countries and international bodies, and potential sanctions if delays continue.
The MP expressed concern about Jagtar Singh Johal's detention and highlighted the impact on his family. She noted that despite UK Government policy, there has been no lobbying for Jagtar's release. She also emphasised the urgent need for action due to the risks posed by the pandemic in overcrowded prisons.
Matt Western
Lab
Warwick and Leamington
Mr Western expressed anger over Jagtar Singh Johal's treatment, noting that his family has not heard from him since his detention in India. He criticised the UK Government for failing to demand Jagtar's release despite being a British citizen, blaming them for neglecting humanitarian responsibilities while pursuing trade deals. Asked if the specific allegation of petrol being poured in Mr Johal's cell has been raised with Indian authorities by anyone in the Foreign Office.
Philip Hollobone
Con
Kettering
Reminded Members of changes to debate procedures, including timing adjustments and camera requirements for virtual attendees. Advised that the debate will last until 5:50 PM with specific time limits for contributions.
Stephen Kinnock
Lab
Aberavon Maesteg
The Labour party is deeply concerned about the Indian police's incarceration of British citizen Jagtar Singh Johal, who has been held without trial for more than three and a half years. The UN special rapporteur on arbitrary detention expressed concerns over the lack of detail on the factual and legal basis for Mr Johal's arrest and detention.
Taiwo Owatemi
Lab
Coventry North West
The MP expressed concern about the detention of Jagtar Singh Johal and similar cases in Coventry. She highlighted that two brothers from her constituency were arrested during raids, causing trauma to their families and doubts within the community regarding government assurances. The MP questioned the timing of the Foreign Secretary's visit to India and its potential impact on the arrests.
Tan Dhesi
Lab
Slough
Tan Dhesi expressed deep disappointment with the Government's inaction regarding Jagtar Singh Johal, who has been detained since November 2017. He highlighted serious allegations of torture and mistreatment against Mr Johal, emphasising that he potentially faces the death penalty. Tan Dhesi called for more support from the UK Government to resolve this situation and meet with Mr Johal's family.
Zarah Sultana
Your Party
Coventry South
The MP detailed the human rights abuses suffered by Jagtar Singh Johal, who was arrested in India and faced torture and a possible death sentence. She criticised the UK Government's failure to secure an independent medical assessment or consular visits for Jagtar, as well as their lack of action to raise his case with the Indian Prime Minister.
Government Response
Nigel Adams
Government Response
The Government do not have a legal duty of care to British nationals abroad, as consular assistance is contingent on the host country adhering to international law. The Foreign, Commonwealth and Development Office prioritises welfare for detained UK nationals and raises concerns about mistreatment or torture if allegations are made. Since Mr Johal's arrest in 2017, extensive consular support has been provided, including over 69 representations made by officials and ministers to the Indian Government, with the Foreign Secretary raising his case on May 6th. The minister reiterated that all human rights violations are taken seriously, and concerns are raised appropriately with local authorities. During the pandemic, in-person prison visits have been replaced with phone calls, and regular welfare visits will continue for as long as Mr Johal remains detained.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.