UN Torture expert publishes important report on hostage taking
The United Nations Special Rapporteur on Torture, Dr. Alice Edwards, has published an important new report on hostage taking.
Dr. Edwards makes a series of key findings, a number of which cite the submission made by Adam Wagner and Mishcon de Reya’s Adam Rose, submitted on behalf of six British families of hostages in Gaza. A number of the findings and recommendations made by Dr. Edwards also draw upon submissions and input from Caoilfhionn Gallagher KC.
The findings include that:
1. Hostage-taking inevitably entails forms of physical and mental torture, or other cruel, inhuman or degrading treatment.
2. The families of hostages can also be victims of torture or inhuman and degrading treatment
3. States should “[h]old State and non-State perpetrators accountable by utilizing all available avenues, including domestic courts, universal jurisdiction and targeted sanctions, such as Magnitsky sanctions, against individuals responsible for hostage taking and associated acts of torture”
4. Non-state actors (which includes Hamas) should release all hostages unconditionally and immediately, allow access to the ICRC and other bodies including the Special Rapporteur on Torture, provide proof of life and information about the whereabouts and condition of hostages in a dignified and secure manner to the State and families, including about those who are deceased; and to return bodies promptly and in a dignified manner.
The full report can be found here.
Caoilfhionn Gallagher KC has expertise in hostage taking and arbitrary detention, and has acted in a large number of cases concerning these issues. She made submissions to the Special Rapporteur’s team drawing upon her experience in cases from countries including Iran, Egypt, Russia, China, Saudi Arabia, Kuwait, Equatorial Guinea, the Philippines, Guatemala and Pakistan.
Adam Wagner acts for a number of British families of hostages held in Gaza, instructed by Adam Rose of Mishcon de Reya. Natalie Lucas, a pupil at Doughty Street Chambers, assisted in the drafting of the British hostage families’ submission to Dr. Edwards.
Separately, Tatyana Eatwell and Camila Zapata Besso assisted the Special Rapporteur in the preparation of her report, and specifically on the relevant international law applicable to hostage-taking and torture.
