TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 21

CONFIDENTIAL AND PERSONAL

03

96

380/1

JA B Stewart Esq OBE

Hong Kong & General Department

FCO

Dear John.

CAPITAL PUNISHMENT

GOVERNMENT HOUSE,

TURKS AND CAICOS ISLANDS.

Wlegair

tales

THE WEST INDIES.

13 December 1977

HKC 38671

RECEIVED HEREGISTRY NO. 51 - 5 JAN 1978

D-SK OFFICER INDEX

1 REGISTRY

Action Taken

No

206

ве

Thank you for your letter of 24 November 1977 about the possibility of abolishing the death penalty in dependent territories.

133

2. As you may have gathered,, I have personally felt very strongly that something should be done about this from experience both in Anguilla and in the Turks and Caicos Islands, I had hoped when ! received FCO telegram to Belmopan No Personal 76 that we were going to make progress on it, and hope that action will not be too long delayed. 3. I would like to take the opportunity of making two points which I regard as important in a small territory, even at the risk of repeating what I have already said in telegrams and at various Governors' confer- ences. Although the policy of encouraging territories to amend their own legislation is attractive, it is likely in practice to be difficult and divisive. A move for abolition when there is no pending or any prospect is likely to be regarded as academic, and to be opposed by those who retain the old instincts of retribution. If there has been a recent case discussion of the issue would be even more emotive. The small populations of places like the Turks and Caicos Islands simply cannot afford the unnecessary controversy which such a move would involve.

4. The second consideration is the sheer practical difficulty in a small territory like the Turks and Caicos Islands, of actually carrying out a capital sentence. It is to my mind inceivable that such a sent- ence could be carried out here. And, I believe the time has long since passed when we should even need to contemplate the possibility.

5. I should declare a personal interest, having ever since my early service in the Uganda administration, and the old hanging, enquiries" had strong views about this. Since being in the West Indies I have felt that the application of the "Creech-Jones" doctrine should have been superceded by abolition in the United Kingdom. It would not after all have been the first time that the United Kingdom Parliament legislated for the West Indian colonies: the precedent of the Emancipation Act of 1833 may seem far fetched but to my mind is entirely relevant. Looking back through the papers which I have collected here I would rest my case on the appalling problems suffered by Sir Alan Burns in the Ofori Atta case. It is not only wrong but

CONFIDENTIAL AND PERSONAL

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