& F
Montserrat:
St Helena:.
Turks and Caicos g G Islands:
3.
centres.
The Governor proposed to his Executive Council that corporal punishment should be abolished. The Executive Council refused to
accept the proposal.
No reaction yet received.· sent on 3 October.
A reminder was
The Executive Council have considered the question but concluded that judicial corporal punishment should be retained, in the absence of a satisfactory probation servico and proper facilities for the detention and treatment of young offenders. However, the present magistrate is known to be opposed
to corporal punishment, and nobody hus boun sentenced to corporal punishment since 1976.
In the case of Montserrat it should be noted that they alone of the territories affected decided in 1976 not to renew acceptance of the optional ticles 25 and 46 of the European Convention on Human Rights. This means that they do not recognise the jurisdiction of the European Cour of Human Rights nor accept the right of individuals to potition the court. However, this does not lessen the extent to which they are otherwise bound by the Convention, and does not mean that they may retain corporal punishment without being in breach of the Convention, unless they can argue special circumstances under Article 63.3 (which says that the Convention is to bo applied to dependent territories with due regard to local requirements).
4. The next step, once we have received comments from St Helena and the BVI, will be to considor whether any sort of pressurd should be brought on those territories which have declined to make tho ; necessary changes in their law. I shall submit again in duo cou
22 November 1978
WED (Mr Partridge)
Mr Anderson, Legal Advisers
MCD
IAD
2
RJT McLaren,
Hong Kong and General Dapar..
CONLILIAL
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