§ Sir H. NIELDasked the Home Secretary whether his attention has been drawn to the practice of stipendiary and other magistrates in refusing to admit to bail persons of alleged Russian and Polish nationalities charged as absentees, but disputing liability to serve on legal and constitutional grounds and while their cases are in course of being dealt with; and whether, seeing that, apart from their nationality, these men have in many cases held positions of some commercial importance and can give bail, he will direct that they shall not be treated as criminals in the absence of sworn evidence that they are likely to abscond?
§ Mr. BRACEMy attention has not been drawn to any reluctance on the part of magistrates to allow bail to Russians or Poles charged as absentees from the Army. The Home Secretary has no authority to issue directions to magistrates on the subject, and he has no reason to suppose that any general circular is desirable on behalf of this particular class of defendant.
§ Sir H. NIELDasked the Home Secretary whether he is aware that Russians who are in custody as absentees under the Military Service Acts, even when 358W under remand, their cases not being disposed of, are treated as ordinary criminals under remand, and that they are not permitted to have cigarettes even for medicinal purposes, while the rules permit these to be given to Germans; why this preferential treatment has been accorded to enemy subjects who have out-raged every canon of human law, and refused to the subjects of a former. Allied country; and who is responsible for these administrative blunders?
§ Mr. BRACEI can assure my hon. Friend that there is no such preferential treatment as is suggested. The same rules apply to all prisoners who are under remand, whether they are British subjects or aliens, and whether in custody as absentees from the Army or under any other charge. It is not possible to compare the treatment of such prisoners with prisoners of war, because the latter are not amenable to the rules relating to the treatment of ordinary prisoners under the criminal law. The treatment of prisoners of war is regulated by the provisions of The Hague Convention.