DESPITE allegations of mistreatment, and a long-running campaign championed by the SNP’s Martin Docherty-Hughes, the fate of Jagtar Singh Johal remains uncertain as Labour look set to form the next government.
Johal, from Dumbarton, was arrested in India in 2017, where he is currently still imprisoned and faces the death penalty. A cross-party group of MPs alleged he was tortured as a means of forcing him to make statements and the United Nations Human Rights Council Working Group also determined that Johal was arbitrarily detained.
As the MP for West Dunbartonshire, Docherty-Hughes, who is standing again this time, campaigned for Johal’s release and brought to light failed assurances from the Foreign Office as far back as 2017. The case has highlighted the broader issue that the consular approach to assisting British citizens abroad, even those who have experienced human rights violations, is discretionary.
Recently, Docherty-Hughes published a letter sent to the current Foreign Secretary David Cameron seeking to clarify the Foreign Office’s position following the failure of successive Tory governments.
In it, he emphasised: “Despite Boris Johnston as prime minister acknowledging that it was his opinion that Jagtar’s incarceration was an arbitrary one, the opinion of his successors and of the FCDO has remained resolutely that India has no case to answer regarding Jagtar’s treatment”.
In September last year, Docherty-Hughes received a letter from Lord Ahmad, Minister of State for the Middle East, North Africa, South Asia, United Nations and the Commonwealth.
Ahmad voiced the Government’s refusal to call for Mr Johal’s release. He stated that “having carefully considered the potential benefits and risks to Mr Johal of calling for his release, as well as the likely effectiveness of doing so, we do not believe this course of action would be in his best interests.”
Johal’s brother Gurpreet Singh Johal spoke to BBC’s Good Morning Scotland about also writing to Cameron and urging him to take action.
He told the programme: “ The bottom line is my brother’s life depends on what David Cameron decides to do and whether he decides to call for Jagtar’s release to bring him back home”.
Repeated Government changes and Rishi Sunak’s decision to call an election have undoubtedly also hindered the campaign to free Johal. Can an upcoming Labour government provide hope for Jagtar’s release?
Shadow foreign secretary David Lammy, who is likely to become the next foreign secretary, may hold the key to Johal’s release if he sticks to his pledges.
In an interview with the Evening Standard in 2023, Lammy promised to appoint a special envoy for hostages if Labour were to win the next election, citing the success of the position in the US.
The US special presidential envoy for hostage affairs, currently Roger D Carstens, has the specific function of recovering wrongfully detained citizens by both non-state actors and foreign states.
Lammy told the Evening Standard: “I think that there is a need to have an envoy that can provide a point of contact for families and ensure that there is work going on that is dedicated to their specific needs, that can empower and engage with foreign governments and co-ordinate across government, that further elevates these cases and demonstrably creates a centre of expertise”.
Starmer’s Labour Party have been criticised for its inconsistency on issues during this election period, such as its stance on a Palestinian state, and a complete U-turn on pensions.
However, this will be a pledge that Lammy will surely hope to keep, given that in 2022 the shadow foreign secretary met Johal’s family and publicly urged the Foreign, Commonwealth, and Development Office to “raise his case with the Indian government as a matter of urgency”.
He also directly criticised Liz Truss concerning Johal’s case. In a tweet when she was prime minister, he plainly stated: “She must secure his release.”
Anything short of this from the new government therefore risks hypocrisy. As we look ahead to the results of the upcoming election, the Labour Party and the next foreign secretary face the reality of turning these promises into solid action.
They have the opportunity to provide hope to the families of those wrongfully detained abroad, such as Jagtar Singh Johal. Will Lammy’s promise to appoint a special envoy for hostages prove a beacon of hope for UK citizens seized abroad, or will it fade into the background like other political pledges?
