Adam Sage
The Times
July 31, 2009

http://www.timesonline.co.uk/tol/news/world/europe/article6734053.ece

The French commandos swoop into action, shooting dead the kidnappers and bundling the hostages into a helicopter. But the smiles of the former captives fade as their liberators deliver a nasty shock: the bill.

That could be the scene after Bernard Kouchner, the Foreign Minister, introduced a law enabling officials to take legal action against kidnap victims deemed to have ignored official advice against travelling to dangerous places.

The legislation follows criticism over the burden to taxpayers from missions to free French hostages in countries such as Iraq, Somalia and Pakistan.

“If people get themselves into difficulty and the State has to intervene, putting the lives of its own agents in danger, then it is legitimate in principle to be able to recover the money,” a Foreign Ministry spokesman told The Times. “This is meant to be dissuasive. We’re concerned about public finances but we’re more concerned about the safety of French citizens.”

The controversy echoes the row in Britain after the the SAS rescued Norman Kember, the peace activist held in Iraq, in 2006. When he initially omitted to thank publicly the SAS, who had freed him and two Canadian hostages, army officers queued up to criticised his apparent ingratitude.

Diplomats said that the cost of operations, often involving navy vessels, air force helicopters, commandos, secret service agents and covert deals with corrupt officials and kidnappers, could run to millions of euros.

Under the legislation, submitted to the Cabinet this month, the State will be entitled to recover “all or part of the expenses ... for rescue operations abroad for people who have deliberately exposed themselves to risks which they could not ignore”.

The authorities will be able to take action against travel agents, shipping companies and insurance companies accused of encouraging journeys to areas deemed hazardous.

Regions considered dangerous are published on the Foreign Ministry website in a regularly updated list. Travellers are at present advised against visiting countries such as Afghanistan, Pakistan, Iraq, Yemen and parts of Peru, Tanzania, Colombia, Sudan and Venezuela.

The ministry said that had the law been in force it would have taken action against tour operators who continued flying to Bangkok after the airport was closed by demonstrations last year.

It cost the Government hundreds of thousands of euros to charter aircraft to bring home tourists.

Officials will also be likely to sue travellers captured by pirates off Somalia under Mr Kouchner’s plan. The French military has intervened three times to free French vessels held by pirates in the past year.

The ministry said that journalists taken hostage would be protected from prosecution but aid workers who ignored official warnings could face legal action if they were judged to have behaved irresponsibly. The Government has agreed to limit the amount that it can recover.

A ministry spokesman said that the cost of ransom would not be included. The French authorities, who officially do not pay ransoms, are believed to have paid €8 million (£7 million) to release Florence Aubenas, a journalist held in Iraq for 157 days in 2005. They are reported to have paid €2 million to Somali pirates who kidnapped 30 crew members on a French yacht last year.

Switzerland and Germany have similar laws, enabling Berlin to recover €12,600 from a hostage in Colombia.

A Foreign and Commonwealth Office spokesman said that there were no plans to relay the costs of resolving a hostage crisis or emergency rescue to the individual involved.

“Our priority is preserving life and saving the hostage,” the spokesman said. Passing on the cost “is not an idea we are currently looking at”.