HC Deb 01 December 1947 vol 445 cc15-7
27. Mr. Eric Fletcher

asked the Secretary of State for Foreign Affairs how many requests by Allied Governments for the extradition of war criminals have not yet been complied with.

Mr. Mayhew

The figures for requests not yet complied with for alleged war criminals held or believed to be living in the British zone of Germany are as follow:

Refused 5
Received but not yet considered 14
Referred back for further information 253
Accepted but not yet carried out as the Allied Governments have not yet completed their arrangements 194
I have not yet received complete information for persons held or believed to be living in other areas under British Control but I will write to my hon. Friend.

Mr. Stokes:

Will my hon. Friend give to this House an assurance that he will return nobody, whatever their criminal activities may or may not have been, unless he is assured that when they arrive at the other end they will get a fair trial?

Mr. Mayhew

We certainly have that in mind, but we must bear in mind also our quite clear international commitments.

Mr. Hector Hughes

Will the hon. Gentleman tell us what principles are applied to these requests and upon what basis persons are selected for extradition?

Mr. Mayhew

Perhaps the hon. Member will put that question on the paper.

28. Mr. E. Fletcher

asked the Secretary of State for Foreign Affairs when requests were received from Poland, Czechoslovakia and France for the extradition of Dr. Wedislaw Dering as a serious war criminal; and what replies he proposes to make.

Mr. Mayhew

As the reply is somewhat long, I will, with permission, circulate it in the OFFICIAL REPORT.

Following is the reply:

The Polish Embassy asked for the arrest and extradition of Dr. Dering on 4th January this year. He was arrested and has been held in custody ever since. On 4th February the United Nations War Crimes Commission informed the Foreign Office that Dr. Dering was on the War Criminals list of France and Czechoslovakia as well as of Poland. On 1st April the French Embassy and on 10th April the Czech Embassy stated that they were prepared to concede the prior claim of Poland to try Dr. Dering.

On 10th February and on 3rd April the Polish Embassy produced written evidence against Dr. Dering but this was found to be insufficient to establish a prima facie case against Dr. Dering such as would justify us in handing him over to stand trial, since there was also a considerable volume of evidence in his favour. The Polish Embassy were accordingly asked on 22nd July to produce further evidence against Dr. Dering, but on 12th September they declined to do so, saying that such evidence should be reserved for the Polish Courts of Justice.

My right hon. Friend has now written to the Polish Ambassador to ask that the additional evidence asked for in his Note of 22nd July should be made available and stating that His Majesty's Government will have no alternative but to release Dr. Dering on 1st January unless the further evidence asked for is forthcoming by that date, and that His Majesty's Government must also reserve the right to release Dr. Dering at an earlier date if this should become essential on other grounds, for example because of his medical condition. The French and Czechoslovak Governments are being informed of this communication.