Mr. OttowayTo ask the Secretary of State for Foreign and Commonwealth Affairs what is the policy of Her Majesty's Government on appeals for clemency on behalf of British nationals who are sentenced to death overseas. [26110]
§ Mr. BaldryAn appeal for clemency is a request to foreign authorities to exercise such leniency as they can under their own legal and constitutional system.
We do not automatically appeal for clemency on behalf of British nationals sentenced to death overseas. Appeals for clemency are considered case by case, normally once the domestic legal process has been exhausted.
We take a number of factors into account in deciding whether to appeal for clemency, including considering whether the sentence complies with established international standards on the application of the death penalty. For example:
- —Is the sentence disproportionate to the crime?
- —Are there grounds to believe there has been a denial or miscarriage of justice?
- —Is an appeal for clemency by the prisoner allowed locally?
We also take into consideration whether the accused is a dual national, any humanitarian grounds for concern, and the likely effect of an appeal for clemency.
588WAn appeal for clemency on behalf of a British national is in principle a bilateral matter between ourselves and the state concerned. Where a bilateral appeal has been rejected, we may consider asking our EU partners to join us in supporting an appeal.