§ 31. Sir ELLIS HUME-WILLIAMSasked the Prime Minister whether an alteration has been made in the provisions of the Peace Treaty which provides that Germans accused of cruelty to prisoners of war shall be surrendered for trial by a military court composed in each case of the nationals of the injured prisoner; if he can state the reasons which have led the Government to consent to such a change; and, in case of such a trial taking place, if he can state what use the Government propose to make of the mass of evidence relating to German cruelty to British prisoners which the Government Committee on the Breaches of Laws of War has spent so many months in collecting?
§ Mr. BONAR LAWNo alteration has been made in the provisions of the Peace Treaty which provide that Germans accused of cruelty to prisoners of war shall be surrendered for trial by a military court composed of the nationals of the injured prisoners. The Note to Germany in reply to her Note which has been substantially reproduced in the Press gives the reasons why the Allies decided to offer to postpone for the time being the immediate execution of the Articles of the Treaty referred to. The hon. Member may be assured that the valuable evidence collected, sifted and put in order by the Committee on the Breaches of the Laws of War will be of great service in the trials wherever they may take place.
§ Sir E. HUME-WILLIAMSIs it not a fact that during the peace negotiations everyone knew that there would be trouble about handing over the German prisoners, and why were not the same precautions taken to ensure the observance of the Treaty in that respect as in others?
§ Mr. BONAR LAWThe reasons are stated clearly in the Note to the German Government.
§ Sir J. BUTCHERHave we any guarantee or security that the evidence we have furnished to the Germans for the trial of these prisoners will be properly or fairly used?
§ Mr. BONAR LAWIt is part of the intention of the Allies to make sure that all the evidence for the prosecution is properly put before the Court.
§ Mr. BILLINGWhere is it proposed to hold these trials?
§ Mr. BONAR LAWUp to now the Supreme Court at Leipzig has been suggested.
§ Sir E. HUME-WILLIAMSSuppose a prisoner is tried in Germany and acquitted, is it the intention of the Allies to allow that prisoner to be tried under the existing terms of the Treaty in England? Is it not a fact that when the Treaty was first framed a clause was put in to ensure that prisoners should be tried by Germany, but the Law Officers of the Crown re-arranged it and inserted a clause that even if a prisoner were tried in Germany he should still be handed over to an English Court?
§ Mr. BONAR LAWI am sure the hon. and learned Member has seen the Note of the Allies to the German Government. In that Note it is stated that the trial will be permitted first before a German Court; but if we are not satisfied that justice has been meted out we reserve our rights under the Treaty.
§ Mr. DEVLINIn order to ensure that the trials are efficiently carried out would it not be well to employ the Crown Prosecutors in Ireland for the job?