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death sentence passed in the DOTS. During the discussions in GEN 99 and GEN 103, it was not suggested that a departure from the Creech-Jones practice would necessarily produce such a result. It was argued that if by, e.g. departure from the Creech-Jones practice the Secretary of State's advice to The Queen were freed from the Creech-Jones restriction, these factors, along with all others, could be taken into consideration by the Secretary of State of the day, as is not the case presently when the effective decisions are taken in the DOTS themselves.
5. I respectfully agree with the PUS that the paper should not be circulated now to GEN 103. If further consideration of the problem is to be deferred, little useful purpose could be solved by putting in at this time a paper on what is, after all, one side of a problem which has wide-ranging political implications. For similar reasons I do not believe that it would be right to circulate the paper to the officers administering dependent overseas territories.
6. Thank you for reminding me of the implications of the decision in the Tyere case before the European Court of Human Rights,
As you know, we have done some preliminary work on the position of corporal punishment in the DOTs and I attach a copy of a submission summarizing the present position. I too fear that the result of the publicity given to the Tyrer case will be reflected in renewed pressure over capital punishment in the dependent overseas territories, as well as new pressure over corporal punishment. I have written to OAGs formally drawing their attention to the "Tyrer" decision.
12 May 1978
E.a.ß. Scan В.
JA B Stewart
Hong Kong & General Dept
R.V. Stratton
15 May
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