TNAG-0722-FCO40-920-Capital-punishment-in-the-Dependent-Territories-1978 — Page 64

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BRITISH VIRGIN ISLANDS: DEATH SENTENCE ON MR GASTON

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1.

You will wish to know tha: Amnesty International has been doing a considerable amount of work on the proposed execution for murder in the British Virgin Islands of a Mr Gaston. The Amnesty International Stockwell group, which seems to have an extraordinaril, expert number of members, has made contact with a psychiatrist who has recently been in the Virgin Islands to review the case, and has also undertaken a legal examination of the Creech Jones doctrine. The result of the Stockwell group's studies have gone to Amnesty's headquarters who will be approaching Dr Owen soon on the whole issue.

2. Dick Barbor-Might of Amnesty International told me that the conclusion of the Stockwell group (whose members include a consultant surgeon who is a personal friend of the psychiatrist who visited the Virgin Islands) would argue that on grounds of diminished responsibility Mr Gaston should not be executed. On the other hand, Mr Barbor-Might pointed out that the execution of Gaston is a popular issue in the Virgin Islands, apparently because Gaston killed a well-liked shop keeper, and the Governor may face political difficulties f the execution does not take place.

3. In their review of the Cre ch-Jones doctrine, Stockwell group have come to the conclusion that the acceptance of the UK Parliament in 1957 of the concept of dimini hed responsibility and the abolishment by the UK Parliament of capital punishment in 1965 together create a situation in which a divergence of views between the Governor and Foreign and Commonwealth Secretary is inevitable. The Creech-Jones doctrine envisaged that the Foreign Secretary (or rather his predecessor the Colon al Secretary) should deal with any divergence of views with the Governor by means of an exchange; Dick Barbor-Might argues that because of the changes in the basic legal position it can be argued hat a permanent divergence of views must exist and therefore the Creech-Jones doctrine cannot be applied.

16/6

15 June 1978

Copied to:

PS

PS/Mr Rowlands Mr Cortazzi Mr Hall

Legal Advisers

See (256

Dund Surin

David Stephen Political Adviser

HKG 386/1

RZENIA IN SOY NO. 51 19 JUN 1978

INDIA

No

11

TALGISTRY

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Action Takan

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