TNAG-0602-FCO40-750-Capital-punishment-in-Dependent-Territories-1977 — Page 91

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RECITY HO. 51

- 9DEC 1977

241

RECEIVED

CONFIDENTIAL

DESK OFFICER

A

Yes

REGIS: RY

Action Takon

все

CAPITAL PUNISHMENT: LETTER FROM LORD KENNET

1.

Lord Kennet, who has been in the British Virgin Islands

with a Commonwealth Parliamentary Association delegation, has N24 written to the Secretary of State about the case of the young

St Lucian, Sylvester Gaston, who has been condemned to death there for murder. (My submission of 28 November refers.)

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2. He says he has learned that the FCO is considering abolishing the death penalty in the dependent territories and urges that such action be taken in time to prevent Gaston going

to the gallows.

3. The possibility of taking action to end the use of capital punishment in the dependent territories was considered in GEN 103 on 13 October. Ministers concluded that it would be wrong to seek to change the present policy while there was a particular case pending lest it was thought that the policy was being changed simply for the purpose of allowing intervention in that case. For that reason it was felt that the policy should not be changed until the two cases then outstanding in Bermuda had been concluded under the existing policy. The same considerations will now apply to the case in the BVI.

4. I recommend that the Secretary of State should reply to Lord Kennet on the lines of the attached draft, which points out, firstly, that capital punishment in dependent territories is a matter for local governments to decide, and, secondly, that it would not be proper to comment on this particular case while it is still under appeal and while it still has to be considered

by the,

Prerogative of Mercy Committee. This Committee will, of course, take into consideration such matters as the

psychiatric reports on the accused. (We have asked for capies 7 the reports)

of the

1 December 1977

R.J. Stratten

CONFIDENTIAL

7/12

0.ß. Sleut.

f..!

VA B Stewart

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Hong Kong & General Dept

/Distribution