TNAG-0721-FCO40-919-Capital-punishment-in-the-Dependent-Territories-1978 — Page 81

HKC 386/1

RECEIVER

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- 1 MAR 1978

DESK OFFICEM

0. 51

INDEX

C Bagnall Esq

10 Lennox Gardens

CROYDON CRO 4HR

No

PA

REGISTRY Action Taken

1 March 1978

173

Mr Judd has asked me to write in reply to your letter of (K) 31 January about capital punishment in the dependent territories.

I am sorry that it has taken so long to reply but it has been necessary to consult several departments of the Foreign and Comm- on_wealth office.

1975

In 1965 when the death penalty was suspended in the United Kingdom, and again in 1970 when it was abolished, we invited all those dependent territories which still retained it to follow our example. Several did so but seven territories declined and still retain the death penalty. As recently as 1978 the Bermuda House of Assembly debated a motion to abolish the death penalty but rejected it on a free vote by 25 votes to 9. This was the decision of a democratically aleated body like those of the other territories. As Mr Judd said, we do not always agree with their decisions and we do let them know our feelings on such matters. I am sure you would agree that it would be wrong to take advantage of the fact that these territories have not yet reached full independence to overrule them in decisions which concern their own internal affairs, We would hope to change their attitude by persuasion and by example but to dismiss the problem as a constitutional quarrel is to pay scant regard to the principles of democracy.

Any condemned man in the dependent territories has the ultimate right of appeal to The Queen. The Foreign and Commonwealth Secretary, in tendering his advice to Her Majesty on such an appeal, would naturally give the case the most careful scrutiny and any reason there might be for granting a reprieve would not, I do assure you, be overlooked.

You have asked for details of steps that have been taken, or are imminent over the reconsideration of our policy. I am afraid that I am not at liberty to give you these details, except to say that these policies have been and are being considered actively within the Government.

Now see

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