TNAG-0837-FCO40-1045-Capital-punishment-in-the-Dependent-Territories-1981 — Page 39

CONFIDENTIAL

"The appropriateness of the Creech Jones doctone was again called

question

7. Notwithstanding the situation described in paragraphs i

and e averer at the time of the 1977 case in Bermuda, when two black men were executed for the murder of a white shopkeeper). The Secretary of State came under strong pressure in Parlia- ment and elsewhere (including concerted campaign by local branches of Amnesty International) to his legah powers to intervene and prevent the exécutions. (the Greech Jones Doctrine is of course no more than a well establisired con

more

ition, and is not legally binding. It is likely that similar pressure would arise again should another capital case

occur in a Dependent Territory♦ there is in feet ONE BASE outstanding at the moment, in Belize, which could lead to an execution - a separate/note on this is attached.

for

This pres-

sure is likely to be particularly strong in Parliament following the recent vote on capital punishment. Polias Options

&. It would be helpful to have an indication of the policy that Ministers would like us to adopt towards capital punish- ment in the Dependent Territories. There are thœlmain

(a);

alternatives. The find

first is to reaffirm the Creech-Jones accepting that this may occasionally lead to executions Doctrine, and counter any criticism that might arise by firmly maintaining the Aine that the administration of justice is entirely a matter for local governments in Dependent

Territories.

6. The second alternative is to take steps to abolish capital punishment where it is till retained. As a first step, we could invite Governors to introduce local legislation to this effect. It is however unlikely that many local legislatures would pass sach legislation they were all invited to do so in 1965, and again in 1970, when capital punishment was first suspended and then subsequently abolished for murder in the UK, but declined to do so. The subject has subsequently been debated in /most of the territories concerned without any change being agreed. The Bermuda House of Assembly debated the question as recently as July this year and again voted in favour of retention (though by a majority of only one vote).

7. It would probably therefore be necessary to effect abolition through UK legislation. Although this would represent an unusually direct intervention in the internal affairs of the territories concerned, when the views of Governors on the possibility were sought after the Bermuda

/executions,

B

Jax yo soner that the Secretary of State does Lo have a legal powtr if he

4 This di

Cal

(h)

لمنشاة.

(c)

reference

clove

认

i

CONFIDENTIAL