§ 3 and 4. Commander BOWERasked the Secretary of State for Foreign Affairs (1) whether he is aware that Robert Ghirlando, a British subject, has recently been sentenced in Tripoli to three and a-half years' imprisonment by a special tribunal for vilification of the Italian Government and armed forces; that the alleged vilification of the Italian Government consisted in a remark that the Italian customs were mean, and that the alleged vilification of the Italian armed forces consisted in a statement that the Italian bombing of the Swedish Red Cross was a cowardly action; and whether His Majesty's Government are taking steps to secure the mitigation of this sentence;
(2) whether he is aware that Carmelo Psaila, a British subject, has recently been 'sentenced in Tripoli to three years and eight months' imprisonment by a special tribunal for vilification of the Italian nation, making use of insulting expressions followed by acts of scorn; that the evidence offered against Psaila was of a trivial character; and whether His Majesty's Government are taking steps to secure the mitigation of this sentence?
§ 9. Mr. GALLACHERasked the Secretary of State for Foreign Affairs whether representations have been made to the Italian Government concerning the sentence of three and a-half years' imprisonment on the Maltese-born British subject, Robert Ghirlando, by the Fascist special 2747 tribunal in Tripoli, for the crime of denouncing Italian bombing of the Red Cross in Abyssinia; and whether he has any information as to the fate of another British Maltese citizen, Carmelo Psaila, who was brought before the same tribunal on 24th March?
§ Viscount CRANBORNEThe facts of the two cases are as follow. Mr. Ghirlando and Mr. Psaila, Maltese British subjects who have been resident for some time in Tripoli, were arrested on 13th January and 9th December respectively, and were brought to trial on 23rd March last. Both were charged under Article 290 of the Italian Penal Code with public vilification of the Italian Government, for which the maximum penalty is six years' penal servitude, and under Article 291 with vilification of the Italian nation, for which the maximum penalty is three years' penal servitude. Mr. Psaila was further charged under Article 265 with spreading reports of news calculated to depress the public spirit in time of war, the maximum penalty for which is five years' penal servitude. These charges being in respect of political offences, the accused were tried before a Special Tribunal for the Defence of the State. The points mentioned in the hon. Members' questions were, I understand, included in the evidence brought against these gentlemen. Mr. Ghirlando was found guilty and sentenced to three and a-half years' penal servitude, to be followed by expulsion. Mr. Psaila was also found guilty and sentenced to three years' penal servitude to be followed by expulsion. My right hon. Friend is advised that in both cases the trial was conducted in a regular manner according to Italian law. His Majesty's Ambassador at Rome has kept in touch with these cases throughout and will watch developments with the closest attention. My right hon. Friend is not satisfied that the sentences in these cases can be commensurate with the offences with which these two gentlemen were charged. He understands, however, that a right of appeal against the sentences is still open to the accused. I do not, therefore, think it would be desirable in their own interests for me to make any further statement at the present time.
§ Commander BOWERCan the Minister give an assurance that every possible 2748 assistance in the putting forward of their appeals will be granted to these unfortunate Maltese people, whose only offence seems to have been a somewhat excessive loyalty to this country; and should their appeals not be successful, can he take some such steps as were taken not so very long ago in the case of certain British engineers who were accused in Russia of a somewhat similar offence?
§ Viscount CRANBORNEI can assure my hon. and gallant Friend that everything that can be done will be done, and that if the appeals are not successful His Majesty's Government will take any steps that are possible to obtain a mitigition of the sentences.
§ Mr. GALLACHERMay I ask that immediate steps be taken in view of the fact that so much exertion was directed towards releasing the engineers in Russia, who were charged with wrecking, and not with a mere expression of opinion?
§ Viscount CRANBORNEI have said in my original answer that the cases are still subject to appeal, and it would be undesirable in the interests of these gentlemen themselves to take any action until the appeals have been heard.
§ Mr. GALLACHERIs it not the case that in a matter of this kind you demand the right to be heard along with the prisoners in any appeal? Did you not do that in the case of the engineers?
§ Colonel WEDGWOODIs not one of the steps which could be taken the withdrawal of our Ambassador from Rome?
§ Mr. RADFORDIs not this case rather different from that of the engineers, because in that case there was imminent danger of their being sentenced to death?