§ 3.55 p.m.
Lord GORON WY-ROBERTSMy Lords, with the leave of the House, I shall repeat a Statement being made in another place on Angola. The Statement is as follows:
Mr. Speaker, I will with permission make a statement on mercenaries in Angola. As the House will have read in today's Press, three of the 10 British subjects tried by the Angolan People's Revolutionary Tribunal in Luanda have been sentenced to death. They are Costas Georgiou, Andrew MacKenzie, John Barker. Two of the other British subjects on trial have been sentenced to 30 years' imprisonment, three others to 24 years' and two to 16 years'.The sentences were relayed immediately to my right honourable friend the Prime Minister in Puerto Rico. He promptly sent a personal message to Dr. Agostinho Neto, Presiof the People's Republic of Angola. seeking clemency on behalf of the British subjects who have been sentenced to death.Our immediate concern is for the three men facing sentence of death. 693 This does not, of course, preclude subsequent representations on behalf of those sentenced to imprisonment.I am sure that honourable Members on both sides of the House will agree that while the lives of British subjects are at stake it would not be helpful for me to say more.
§ My Lords, that is the end of the Statement.
Lord HAELSHAM of SAINT MARYLEBONEMy Lords, first of all may I express my gratitude to the Government for having given us the benefit of this important Statement. I think that even in a busy day's business the lives and liberties of our fellow subjects ought to take precedence over other matters and detain us for a moment or two of Parliamentary time.
I will bear very carefully in mind the last sentence of the Statement. Speaking personally, I am quite sure that I am not alone in saying that the Prime Minister has taken the only possible course open to him regarding the three named persons in the Statement. Since, however, the Statement says that what the Prime Minister has done does not preclude subsequent representations on behalf of those sentenced to imprisonment, and since, therefore, there will be time for reflection about the nature of those representations, will the noble Lord bear this in mind and convey it to his colleagues elsewhere.
There is a clear distinction—is there not?—in both law and international practice between the trial of persons who are guilty inside a national and sovereign territory of actions which would constitute crime by any civilised code—such as murder, rape, or theft—and the trial of persons who have been guilty of joining the armed forces of a particular faction which has happened to lose a civil war. Is it not a fact that whereas the first is undoubtedly an appropriate matter for criminal proceedings before a properly constituted tribunal, however much one may deplore the actions of those who recruited mercenaries in this country (and speaking for myself I do) or however much one may consider such persons who allowed themselves to be recruited as misguided and the whole episode as one of which one cannot be proud, the mere taking part under arms in international 694 battles is not recognised by international law as a crime? Therefore, is it not possible to bring to bear on those who are responsible for the affairs of this independent country the view that some of the sentences, and perhaps all of them, were much harsher in point of time than would generally be considered appropriate, even if the matter were to be considered a crime by international law ? Bearing in mind the difficulty under which I know he suffers, and under which we all suffer at this critical time in the lives and liberties of our fellow subjects, I hope the noble Lord will bear those thoughts in mind in a sympathetic fashion.
§ Lord BANKSMy Lords, I should like to thank the noble Lord for repeating the Statement. I do not wish to do anything more today than to associate my noble friends with the appeal which has been made by the Prime Minister.
§ Lord GORONWY-ROBERTSMy Lords, I think it will be more convenient if I refer to the two sets of remarks from the two Front Benches. I certainly respond to the tone and the content of what the noble and learned Lord has just said, and I shall of course see to it that my right honourable friend the Foreign Secretary, and indeed the Prime Minister, are advised at once of what he has just told the House. It is not for me to offer any kind of opinion as to the points of law, national and international, which he has advanced and on which he is so much more expert than any of us.
As to the point raised by the noble Lord, Lord Banks, I am sure what he has said will be echoed by his Party, and indeed by the whole House; that is, that at this juncture the best we can do is to stand behind the appeal which has already been sent to Angola on behalf of the three men who are under sentence of death, without prejudice, of course, at a later stage when there is more time to do what we can for the others who have been very severely punished, whatever the legal sanction for such punishment.
§ Lord BRADWELLMy Lords, in view of what has happened and may happen in Angola, may I ask my noble friend whether Her Majesty's Government are taking any steps to dissuade those who 695 are now being recruited by emissaries of the illegal régime in Rhodesia from going there to fight as mercenaries ? As he will know, they include men who have served with the British Army in Northern Ireland and are now out of the Army.
§ Lord GORONWY-ROBERTSMy Lords, as my noble friend will know, we are looking at the whole question of mercenaries and we have asked the noble and learned Lord, Lord Diplock, to look into this. He will shortly be reporting. I think we can usefully wait for his pronouncement on what is the exact position and what we ought to do in all cases where mercenary activity is involved.