HL Deb 29 March 2004 vol 659 cc128-9WA
Lord Dholakia

asked Her Majesty's Government:

What representations have been made by the Foreign and Commonwealth Office to the United States Government about the arrest of Krishna Maharaj. [HL1960]

Baroness Symons of Vernham Dean

Staff at our Consulate General in Atlanta first became aware of Mr Maharaj's detention in October 1988 when they were told of his presence on death row in the Florida State Prison by Professor Radelet, a death penalty researcher from the University of Florida. At the same time, Mr Maharaj wrote to our embassy in Washington to alert them to his predicament.

Our embassy in Washington wrote to the State Department in January 1989 to complain formally that the Florida authorities did not notify the Consulate General of Mr Maharaj's arrest as they are required to under Article 16 of the UK/US Bilateral Consular Agreement. The State Department sent an apology in May 1989.

My noble friend Lady Scotland of Asthal wrote to the State Attorney in Florida in January 2001 informing her of HMG's opposition to the death penalty and complained about the breach of the UK/US Bilateral Agreement. Our Consul General in Atlanta also raised Mr Maharaj's case with Governor Jeb Bush.

The Foreign and Commonwealth Office continues to take a close interest in Mr Maharaj's case and to offer him appropriate consular assistance. This has, exceptionally, included instructing US lawyers to file an Amicus Curiae Brief on behalf of the British Government in Habeas corpus proceedings brought by Mr Maharaj. This brief raised the legal issue of non-notification of Mr Maharaj's arrest in 1986 in contravention of the UK/US Bilateral Agreement.