§ 27. Mr. David Winnick (Walsall, North)If he will make a statement on his policy on the prosecution of foreign nationals while in the United Kingdom for the torture and killings of British citizens elsewhere. [58031]
§ The Attorney-General (Mr. John Morris)Cases involving possible criminal proceedings on the basis of extra-territorial jurisdiction are considered in the same way as any other case—that is, in accordance with the twin tests set out in the code for Crown prosecutors; whether there is sufficient admissible evidence to provide a realistic prospect of a conviction, and whether the prosecution is in the public interest. That applies equally to those cases that require my consent to be prosecuted, such as allegations of offences under section 134 of the Criminal Justice Act 1988.
§ Mr. WinnickArising from what my right hon. and learned Friend has said, is it not important that former murderous dictators—for example, Idi Amin, or Saddam Hussein, when he is, I hope, no longer in power—should not consider the United Kingdom to be some kind of safe haven from justice, international law and extradition agreements with other countries? Should not that be made perfectly clear today?
§ The Attorney-GeneralI understand my hon. Friend's concern, but I remind him that the investigation of criminal misconduct is for the police to undertake. If a file of evidence is submitted to the Crown Prosecution Service for consideration of a prosecution, or if I receive an application for consent to prosecute, each case will be considered in the usual way—that is, by applying the twin tests that I have mentioned.
If the issue arose in respect of Mr. Milosevic, there is the international tribunal for the former Yugoslavia and we would therefore expect Milosevic to appear in The Hague for trial. The United Kingdom provided additional funds for an additional court room in The Hague, which I had the privilege of opening in the summer.
§ Mr. John Burnett (Torridge and West Devon)What advice would the Attorney-General give to Ministers if a court held that an individual should be extradited, but letters of comfort or undertakings had been given by the Government or the previous Government, and had not been revoked, which made it clear that that individual could come to this country—for example, for medical treatment—without fear of extradition?
§ The Attorney-GeneralIf I were asked for advice, that advice would take into consideration all relevant factors in any individual case. As the hon. Gentleman will know, the fact and the contents of a Law Officer's advice to Ministers is confidential.
§ Sir Sydney Chapman (Chipping Barnet)If a person comes to this country with diplomatic immunity, is it not incumbent on this country—the host country—to tell that 475 person that he is not welcome, rather than allowing him to come with diplomatic immunity, and allowing certain other events to take their course? If the principle of diplomatic immunity is broken, is that not a bad thing, and could it not rebound on our country's diplomats in future?
§ The Attorney-GeneralThat is a matter for my right hon. Friend the Foreign Secretary. The hon. Gentleman will have read in the newspapers, as I have, that an issue with some implications of that sort is now before the House of Lords. As I understand the ruling, it is currently sub judice.