HC Deb 30 October 1882 vol 274 cc372-3
MR. O'KELLY

asked the Under Secretary of State for the Colonies, Whether his attention has been called to the arrest and surrender of three political refugees, General José, Colonels Rodriguez and Castillo, leaders of the late Cuban Insurrection, to the Spanish authorities by the Chief Constable of Gibraltar; whether the Chief Constable was justified in arresting and surrendering those gentlemen to a Foreign Government; and, if so, under what statute was the surrender made; and, whether Her Majesty's Government will use its good offices with the Spanish Government to secure the release of General Maceo and his companions?

MR. EVELYN ASHLEY

The case of these three Cuban gentlemen has engaged the serious attention of the Colonial Office. It appears that on their landing at Gibraltar they were immediately apprehended, and, by order of the acting police magistrate, without any previous communication with the Governor, they were put outside the British lines, when they were at once arrested by the Spanish authorities. The police magistrate acted under the powers of the Gibraltar Aliens Order in Council, which authorizes him to remove any alien who is without a passport or the guarantee of his Consul. But it is perfectly clear that this Order in Council is not applicable to such a case as this, and that, under the circumstances, the action of the police virtually amounted to a surrender of these men to the Spanish Government. Now, this ought not to have been done, except, if at all, under the provisions of our Extradition Treaty with Spain, and with all the due inquiries and formalities specified by our Extradition Acts. The Secretary of State has already expressed his grave disapprobation of what has occurred, and has directed Lord Napier to institute a searching inquiry into the conduct of all the persons connected with the transaction, and that measures should at once be taken to prevent the recurrence of so regrettable an affair. The surrender of the prisoners having taken place by reason of a gross mistake on the part of our police authorities, their re-delivery by the Spanish Government, with a view to the case being dealt with in accordance with the Extradition Treaty between Spain and Great Britain, would be a gracious and friendly act, which Her Majesty's Government would highly appreciate, but which, in their opinion, must be left to the chivalry and generosity of the Spanish Government.

MR. O'KELLY

Will Her Majesty's Government undertake to make application to the Spanish Government, and press for the surrender of these men, who, remember, are soldiers that for 10 years maintained an honourable struggle for their country?

SIR CHARLES W. DILKE

The terms of the answer just given on behalf of the Colonial Office have to-day been telegraphed to Her Majesty's Minister in Spain.

MR. MACFARLANE

asked, was there an Extradition Treaty with Spain?

MR. EVELYN ASHLEY

Yes; dated 1878.