§ 17. Mr. Marloweasked the Secretary of State for Foreign Affairs why, in view of the decision to stop extradition of alleged war criminals from the British zone of Germany as from 1st September, except in cases of murder, two Poles, named Lotz and Westphal, were transported from Fuhlsbüttel Gaol to Poland on 18th October, although the Extradition Court had not found a prima facie case of murder; why no action was taken in response to a telegram from the Bishop of Hamburg to his Department asking for a reprieve while further evidence was secured for the defence; and what steps he has taken to satisfy himself these men will receive a fair trial.
§ Mr. MayhewThe Military Governor's decision was to restrict acceptance of applications submitted after 1st September to those which show a clear prima facie case of murder as defined in the German Penal Code. The application for the extradition of Lots and Wetphal was submitted before 1st September. On 15th October a telegram asking that their extradition should be deferred was received from Oberkirchenrat Herntrich of Hamburg and its contents immediately communicated by telephone to the Military Government authorities. Responsibility rests upon Poland to ensure a fair trial under a United Nations Resolution and His Majesty's Government cannot undertake to enforce this Resolution.
§ Mr. MarloweIs the hon. Gentleman aware that these prisoners and others similarly situated have appealed to be tried by British courts? Will he stop this senseless hypocrisy of sending extradited people to countries where he knows they will not get a fair trial?
§ Mr. MayhewI should make it clear to the House that, as far as the trials of war criminals are concerned, we have no evidence to suggest that the Polish trials are unsatisfactory.
§ Mr. StokesWhile that may very well be, does not my hon. Friend consider it about time that this thoroughly un-British practice ceased? Is he aware that nothing so calculatedly vile has ever been perpetrated on a conquered people since the days of the barbaric Assyrian kings?
§ Mr. MayhewMy right hon. Friend has made it clear to the House that he wishes to wind up all this business as quickly as possible. We have, therefore, since 1st September, refused to accept new applications for extradition. There are, however, some cases which have still to be cleared up.
§ Mr. MarloweIs the hon. Gentleman aware that a few days after 18th October, when these two prisoners were extradited, the evidence required arrived from Brussels, and that if he had deferred trial, these men would not have been sent to their death in this way?
§ Mr. MayhewThat is not so. The evidence was carefully considered. It was considered by our legal advisers to have no bearing on the matter.
§ Mr. ScollanAre steps being taken to ensure that this country does not become the asylum for every rogue in Europe?