Oral Answers to Questions — Germany – in the House of Commons am 12:00 am ar 19 Ebrill 1948.
asked the Secretary of State for Foreign Affairs (1) whether he will give the names of the 16 Yugoslavs from Munster Lager who are to be forcibly repatriated to Yugoslavia as alleged war criminals;
(2) under which Clause of the Moscow Conference of October, 1943, he is returning alleged Yugoslav war criminals to Yugoslavia.
Mr. McNeil:
Any Yugoslav who is repatriated from Munster Lager will be so treated, not as a war criminal, but because in the opinion of His Majesty's Government a prima facie case of wilful and active collaboration has been established against him; which makes him liable for repatriation in accordance with the undertaking given by His Majesty's Government to the members of the United Nations War Crimes Commission on 29th March, 1945, as reinforced by the, Resolution of the General Assembly of The United Nations on 27th October, 1947. The question of the Moscow Conference does not, therefore, arise. I have the names of 18 men against whom a prima facie case has been established, which I will, with permission circulate in the OFFICIAL REPORT.
Am Ito understand that the provision laid down in Moscow in 1943, to the effect that such people should be sent back to the countries where the crimes had been committed to be tried under the law of those liberated countries and of the free governments which had been created therein, no longer applies? Is it not necessary that there should be a freely elected government?
Mr. McNeil:
In the case of the men to whom my hon. Friend has drawn my attention—that is, the men from Munster Lager—the Moscow Resolution, as I have already explained, does not obtain. These are men against whom a prima facie case has been established as quislings.
As it must be quite certain that repatriation of these Yugoslays would most likely mean the imposition of the death sentence without a fair trial, can the right hon. Gentleman say whether the establishment of a prima facie case partakes the nature of a fair trial? Are they allowed to summon witnesses in their defence?
Mr. McNeil:
I am very sensible of the point to which the hon. Gentleman has drawn my attention. The most strict and severe tests were laid down in our examination before we agreed to repatriate anyone, because we knew that in all probability trial would be difficult and perhaps even summary.
Does not the right hon. Gentleman admit that the tests which these men have undergone are tests to discover whether there is any prima facie case? The fact that there is a prima facie case is surely no argument against their right to a fair trial?
Mr. McNeil:
His Majesty's Government have repeatedly joined in this issue of providing fair trials, but this is somewhat hypothetical. What we have been most concerned to do is to ensure that a case was established beyond doubt before we agreed to repatriation.
Can my right hon. Friend say whether no time limit is to be set for these forcible repatriations? —because they have been going on year after year.
Could the Minister make it clear for what purpose these men are being forcibly repatriated, and is he aware that if continual forcible repatriation goes on, it will be wholly indefensible on moral grounds quite apart from other grounds?
Mr. McNeil:
I would not seek to deny the very real feeling which moves the hon. and gallant Gentleman, but these men have been delivered because we have given certain undertakings which we feel we must fulfil. Of course, there is no question of these undertakings having no term or date attached to them.
For the satisfaction of public opinion in this country, can the right hon. Gentleman say whether he is 100 per cent, satisfied in his own mind that no injustice will take place?
Has my right hon. Friend attached as a condition to the repatriation of these men that they shall have a free and fair trial on their return?
Mr. McNeil:
The other people gave undertakings, and it is their job to fulfil them. I can only say that we have fulfilled our obligations.
In view of the extraordinarily unsatisfactory nature of the reply, I wish to give notice that I hope to raise this matter on the Adjournment as soon as possible.
Vladimir Djukic (Captain), Ratko Obradovic, Ilija. Micasevic, Borisav Grujin, Aleksander Lazarevic, Miodrag Kapetanovic, Dusan Dzakovic, Dusan Sakic, Branko Pavasovic, Marko Lokas, Dusan Buljevic, Vladimir Lazic, Ivan Mojic, Vasilje Eric, Ugljesa Spasic, Milan Sretenovic, Milisav Grujic, Djordje Radonjic.