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PUBLIC RECORD OFFICE

Willíu

Reference :-

885/26

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

21184

(No. 131.)

18

No. 17.

GOLD COAST.

THE GOVERNOR TO THE SECRETARY OF STATE.

(Received 1st May 1918.)

Government House, Accra,

SIR,

13th March 1918. WITH reference to your Despatch No. 419 of the 19th July last,* forwarding copies of the English translation of the Imperial German Criminal Code, I have the honour to enclose, for your information, a copy of a letter, dated 17th October last, from the Officer Commanding British Forces, Togoland, in which he states that in that Colony, when under German rule, the Code in question was applicable to Europeans only.

2. I attach, herewith, copies of the Decrees affecting natives together with English translationst of them which have been prepared by Mr. H. S. Newlands, who is a competent German scholar.

3. It will be noted that these Decrees are not in any sense a Code, but instead are of the nature of instructions to Executive Officers with regard to the punishments to be inflicted upon natives.

4. The first Decree prohibits the infliction of "unusual punishments" for the purpose of extorting confessions or declarations.” It may be surmised that before the promulgation of this Decree in February 1896, the practice in question had been adopted with sufficient frequency to render the issue of a special prohibitory order necessary.

5. With regard to the second Decree, it should be noted that "corporal chastise- ment" stands first in order in the list of "admissible punishments "; and in practice the "rope," defined in paragraph 3 of the "Service Instructions of the Government,' dated 10th January 1906, was a formidable hempen whip.

6. The point to be specially observed, however, is that in the absence of any Criminal Code, it was left to the discretion of the individual German officer to decide what constituted an offence; while the native had no means of judging what act of his might or might not be regarded in that light.

7. It will be noted that 25 lashes was the maximum permitted by the Decree. The fact, however, that the Germans in this part of Africa were familiarly known to the natives by the nick-name of the "Twenty-fivers," would seem to indicate that the infliction of a smaller number of lashes was the exception rather than the rule.

I have, &c.,

HUGH CLIFFORD,

Enclosure 1 in No. 17.

Governor.

THE OFFICER COMMANDING BRITISH FORCES, TOGOLAND, to the COLONIAL SECRETARY, GOLD COAST COLONY.

Case 26, No. 1300/17.

Government House, Lome,

17th October 1917.

IMPERIAL GERMAN CRIMINAL CODE.

SIR,

I HAVE the honour to acknowledge the receipt of your letter, No. 6991/S., of S. Des., No. 419/17, dated the 9th instant, enquiring whether the above code was ever put into force in Togoland by the late German Government, and to say in reply that it was, but against Europeans only, who were tried in a separate court, viz., the Bezirksgericht.

2. The code did not apply to natives, who were dealt with by the "Verfugung des Reichskanzlers betreffend die Gerichtsbarkeit über die Eingeborenen in den

†The translations only are printed.

* 34625, not printed.

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afrikanischen Schutzgebieten-Vom 27 Februar 1896 " (Ordinance by the Imperial Chancellor regarding the jurisdiction over the natives in the African Protectoratel

of the 27th February 1896.)

I have, &c.,

CHAS. E. D., O. REw, Major, Commanding British Forces, Togoland.

(Translation.).

Enclosure 3 in No. 17.

LEGISLATION FOR THE PROTECTORATE OF TOGOLAND.

2. JURISDICTION OVER NATIVES.

101. Decree by the Imperial Chancellor on the subject of the Jurisdiction over

Natives in the African Protectorates.

27 February 1896.

The following is determined on in virtue of the All-Highest Decree of the 25th of this month :—

In proceedings at law where natives are concerned, any measures for the purpose of obtaining confessions or declarations other than those allowed by the German Rules of Court are forbidden.

The infliction of unusual punishments, particularly in cases of suspected guilt, are likewise prohibited.

Berlin, the 27 February 1896.

The Imperial Chancellor,

PRINCE ZU HOHENLOHE. [COLONIAL OFFICE NOTE.—A translation of the Decree of the 22nd April 1896 appears at pages 152–154 of [Cd. 9146].]

103. Order by the Governor concerning the means of punishment of Natives.

24 November 1902.

The following Order is made in virtue of Section 15 of the Protectorate Law :- 1. When punishing natives in pursuance of Orders made by the Imperial Governor, the means of punishment to be used are those declared as admis- sible by the Decree of the Imperial Chancellor of the 22 April 1896, and are to be employed conformably to the nature of the offence whenever the Order constituting the offence contains no penal clause.

2. This Order comes into force this day. Lome, 24 November 1902.

The Acting Governor,

HORN.

104. Service Instructions by the Governor on the execution of Criminal Justice and the Power of Punishing Natives in conformity with the Decree of the Imperial Chancellor of the 22 April 1896 (No. 102).

10 January 1906.

1. Re Section 1: When a District Commissioner or Assistant District Commis- sioner leaves his headquarters on tour of inspection, &c., the District Secretary, Commissioner of Police or Station Officer remaining behind is in no way the District Commissioner's, or Assistant District Commissioner's, deputy upon whom without further ceremony the power of administering criminal law is. transferred. Such District Secretaries, Commissioners of Police or Station Officers as well as Officers entrusted with the care of sub-stations are only empowered to administer criminal justice and punish natives in so far as such authority is expressly delegated to them by their immediately superior District Commissioner or Assistant District Com- missioner in virtue of the following instructions.

Re Section 1, sentence 3: Any delegation of criminal jurisdiction or power of punishing to subordinate officials shall in future extend only in so far that the said official shall be empowered to impose imprisonment with chains or imprison- ment with hard labour not exceeding 14 days, a fine not exceeding 40 marks, and a flogging or whipping not exceeding 10 strokes. The District Commissioner or Assistant District Commissioner may also in his discretion delegate criminal juris- diction and the power of punishing to a less degree than described above.

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