HC Deb 01 December 1947 vol 445 cc8-9
17. Mr. Stokes

asked the Secretary of State for Foreign Affairs, in view of the fact that under the Geneva Convention persons who are captured as military prisoners of war during the course of hostilities must be retained with the full status of prisoners of war until the signing of peace or until return to the authority of their own Government, why such persons are being continued in detention in Germany by the Control Commission of Germany with whom His Majesty's Government is not at peace.

Mr. Mayhew

My hon. Friend is under a misapprehension. There are no persons detained as prisoners of war in Germany. There are, however, a number of former prisoners of war who are detained by the Allied Control Commission for other reasons.

Mr. Stokes

Is not my hon. Friend aware that the Attorney-General has stated in this House that we are still at war with Germany, that he has further stated that the Control Commission for Germany is the legal government of Germany and, therefore, we are at war with the Control Commission for Germany, which is, of course, absurd? That being so, is he aware that the terms of the Geneva Convention lay down that prisoners of war, once taken prisoners of war, must be detained in their uniform, that no detaining authority has any right to defrock them, and that such has been the case?

Mr. Mayhew

There are a large number of questions involved in that supplementary question, the first half of which at least seems to be more suitable for answer by my right hon. and learned Friend the Attorney-General.

Mr. Stokes

In view of the unsatisfactory answers both to this Question and the previous Question, I shall raise both Questions on the Adjournment.