HL Deb 02 March 1972 vol 328 cc1185-7

3.25 p.m.

LORD BROCKWAY

My Lords, I beg leave to ask a Question of which I have given Private Notice; namely,

To ask Her Majesty's Government whether they propose to make representations to the Government of Turkey regarding the sentence of six years and three months' imprisonment and a fine of £4,190 imposed yesterday on the British schoolboy, Timothy Davey, for a drug offence?

LORD WINDLESHAM

My Lords, the House will have heard with deep concern of the sentence of 6 years' imprisonment passed in Turkey on Timothy Davey, a boy of 14 years of age, after conviction for conspiracy to traffic in drugs. I understand that an appeal is being made and that the case is therefore sub judice. My right honourable friend the Secretary of State for Foreign and Commonwealth Affairs asked the Turkish Ambassador to call to see him last night to express Her Majesty's Government's concern about Timothy Davey. My right honourable friend made clear to the Turkish Government his hope that the remaining legal processes can be hastened to the greatest possible extent. If the trial court's decisions are nevertheless confirmed, I understand that there will still be an opportunity for an appeal for clemency.

LORD BROCKWAY

My Lords, while thanking the Minister for that full rely, may I ask whether he is aware that the last thing one wants to do is to prejudice a friendly response from the Government and Parliament of Turkey of which there is some hope; and would Her Majesty's Government consider not only the long sentence but the fine, in view of the fact that under Turkish Law the prisoner might have to serve two years' conscripted service at the end of the sentence if that fine is not paid?

LORD WINDLESHAM

My Lords, the dilemma here is that the judiciary in Turkey is independent of the Executive, as it is in this country. At the same time, it is impossible not to feel sympathy for this 14-year old boy. As I said in my original Answer, the proceedings are still before the courts, since an appeal is pending against the sentence, which includes the fine as well as the sentence of custodial imprisonment. My right honourable friend has made it clear that he feels it is of the greatest importance that there should be the minimum delay in hearing the appeal.

LORD GREENWOOD OF ROSSENDALE

My Lords, I think we should all wish to thank the noble Lord for the sympathetic Answer that he has given and the very helpful attitude that Her Majesty's Government are taking. Perhaps most of us—indeed, probably all of us—would agree that it would be most unwise on an occasion of this kind to do or to say anything at all which might make it more difficult for clemency to be exercised in a case of such delicacy.

LORD AVEBURY

My Lords, is the noble Lord aware that most people will agree with the concern which has been expressed by the Secretary of State to the Turkish Ambassador? Could the noble Lord say whether the Foreign Secretary was able to find out how long the appeal proceedings are likely to take, and whether he has satisfied himself that the Davey family are in a position to be adequately represented at the appeal and to pay the legal costs that they will incur in Turkey?

LORD WINDLESHAM

My Lords, I am not in a position to add to the original Answer as to what passed between the Turkish Ambassador and my right honourable friend the Secretary of State for Foreign and Commonwealth Affairs. The Answer refers specifically to the Foreign Secretary's hope that the remaining legal processes could be hastened to the greatest possible extent. I understand that the lawyer representing Timothy Davey was chosen by him and those advising him, and that certain funds have been made available by charitable organisations and others which should be adequate to meet the cost.