HC Deb 02 July 1947 vol 439 cc160-1W
80. Mr. T. Reid

asked the Secretary of State for the Colonies what resolution he received from the U.N.O. Commission now sitting in Palestine, regarding the trial in the Palestinian courts of certain terrorists on a capital charge while the subject of the resolution was sub judice; and what action was taken by the Palestinian Government in this matter.

Mr. Creech Jones

The resolution to which my hon. Friend refers was passed by the United Nations Special Committee on Palestine on 22nd June in Jerusalem in the following termsIn view of the fact that the majority of the members of the Committee have expressed concern as to the possible unfavourable repercussions that execution of three death sentences pronounced by the Military Court of Jerusalem on 16th June, the day on which the Committee held its first meeting in Jerusalem, might have upon the fulfilment of the task which the General Assembly has entrusted the Committee; and considering the opinion of such members as to the scope of the resolution on the Palestine question adopted on 15th May, 1947, by the General Assembly: the Committee resolves that the Chairman communicate to the Secretary-General of the United Nations a copy of this resolution and of the letter received from the relatives of the condemned persons for transmission to the Mandatory Power. The Committee's resolution was communicated to His Majesty's Government by the Secretary-General of the United Nations. The reply of His Majesty's Government, which was communicated to the Secretary-General by Sir Alexander Cadogan on 30th June, is as follows: His Majesty's Government have received and taken note of the resolution passed by the United Nations Special Committtee on Palestine on 22nd June in regard to the three death sentences pronounced by the Military Court in Jerusalem on 16th June. (2) As the Committee have already been informed by the Palestine Authorities, the death sentences in question have not yet been confirmed by the General Officer Commanding under Regulations 47 and 48 of Palestine Defence (Emergency) Regulations, 1945, and are, therefore, still sub judice. If the sentences are confirmed by the General Officer Commanding, it will then be open to the High Commissioner for Palestine to exercise, if he thinks fit, the Royal Prerogative of Pardon delegated to him by His Majesty. It is the invariable practice of His Majesty's Government not to interfere with the High Commissioner's discretion whether or not to exercise this prerogative. (3) As regards the resolution on the Palestine question adopted by the General Assembly of the United Nations on 15th May, to which the Committee refers, His Majesty's Government interpret this resolution as applying to action calculated to disturb the peace in Palestine; they cannot admit its relevance to the normal processes of the administration of justice there. (4) Ins Majesty's Government have informed the High Commissioner for Palestine of the contents of the Secretary-Generals communication of the 23rd June to His Majesty's Government and of the terms of their reply.

As the resolution was not addressed to the Government of Palestine the action of that Government was confined to a letter from the Chief Secretary to the Principal Secretary of the Committee which pointed out that the death sentences in question have not yet been confirmed and that the matter was therefore still sub judice. This action was taken it appeared from the terms of the Committee's resolution that they were not aware of the legal position. The Chief Secretary's letter also referred to the mention, in the resolution, of 16th June as the day on which the Committee held its first meeting in Jerusalem and concluded as follows: It is, presumably, not suggested that the Court pronounced sentence on this day otherwise than in the ordinary course of judicial process. There would, of course, be no truth in any such suggestion.