CODE 18-77
SS 8/78
нка 384!!
Mr Herdman, WIAD
en
Miss Rouren
Reference...GNX..384/1/2.
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precedients
Copies to: Mr Bryan, Overseas Police Adviser
Mr Freeland, Legal Advisers
Mr C J Hall, HKGD
Mr J O Hill, Legal Advisers GNX 384/3/304
MUTUAL ASSISTANCE IN CRIMINAL MATTERS: USA/BERMUDA
1. Your minute 18 October to Mr Bryan. -
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I am not very happy about the idea of Bermuda negotiating a treaty of this nature on their own, albeit that the treaty which emerged would have to be executed between the UK and the USA and extended to Bermuda.
3.
There is a broader background. In 1979 US officials from the State Department and Department of Justice raised with the Home Office the possibility of an agreement on mutual assistance in criminal matters between the USA and the UK. This question came up again in October 1981 in connection with an American proposal to revise the US/UK Extradition Treaty. The background is outlined in the attached brief of October 1981 which was prepared for use during a visit by Sir Ian Sinclair to Washington, from which it will be seen that there are substantial obstacles, including changes in UK statutes, to our entering into such an agreement.
4.
If the USA/Bermuda negotiations are to go ahead it will be necessary to consider, in consultation with the Home Office who are the lead Department in international cooperation in criminal matters, whether our position in regard to a UK/USA treaty would be prejudiced by proceeding with a treaty which although UK/USA was designed specifically for relations between the USA and Bermuda. (The Home Office Division concerned is now E5 headed by Mr Bubbear).
5.
As to the background to these proposals, you will have seen this morning, and I saw yesterday, Mr Michael Griffith of the Philadelphia-based International Legal Defense Counsel. This Organisation is primarily concerned with securing the transfer to the United States of American prisoners overseas. I was asked by the US Embassy if I would see him in connection with an American prisoner in Bermuda, Mr Bigelow(?).
6. Although Mr Griffith did not admit to knowledge of the proposed USA/Bermuda Treaty' he did tell me that he had been involved in lobbying for prisoner transfer arrangements between the US and other countries on behalf of the relatives of prisoners. Since the proposed USA/Bermuda arrangement is intended to cover inter alia the exchange of convicted prisoners (Mr Watkins' letter of 4 October) I think it quite likely that Mr Griffith contributed to the idea.
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