Supporting Brits Abroad: The Death Penalty

Jonathan Marshall, Head of the FCO Prisoners

Team 

The last person executed in Britain was in 1964. It doesn’t

seem that long ago does it? Whilst we no longer have capital punishment in the

UK, what many people don’t realise is that there are a significant number of

British nationals overseas who are facing the death penalty.

I work in Consular Directorate in the Foreign &

Commonwealth Office, leading our efforts to prevent the execution of British

nationals. My section works closely with consular staff both in London, and

across our network of Embassies and High Commissions in deciding how best to

approach each case. Our guiding principles are clear: we will “raise each

case at whatever stage and level we judge to be appropriate”.  But the

process for working out a strategy on how best to do this is definitely an art,

not a science. Every case is unique, every country’s judicial system is

different; but for each case, there is a person facing a possible execution.

So just what does it take to bring our concerns to the attention of foreign governments? We work closely with local lawyers, and the NGO Reprieve, so we can ensure that

our combined efforts are targeted, effective, and not counter-productive.  It’s all about finding the right mix of diplomatic and public pressure. I’m always looking for opportunities for Government ministers to raise cases with their foreign counterparts.  We are clear that if necessary we will raise cases at the highest diplomatic levels.

People often ask me what are my feelings towards these individuals who, in many cases, have been convicted of, or accused of, horrendous crimes – “Do you not get too emotionally involved in the cases?”-  is a common one. It’s a tough one to answer, but at the same time my answer is clear, I’m not here to take a moral position; my work, and the efforts of the Foreign Office as a whole, focus solely on trying to avoid the death penalty being carried out, or handed down, in each case.

Earlier this year I visited three British nationals on death row in San Francisco. Regardless of the crimes they had been convicted of, what struck me most was how totally vulnerable they were. For some, a visit from the British Consulate was one of the only visits they got each year. Visiting Death Row really opened my eyes to the realities of these cases, and how the British Government taking an interest can give them real hope.

How successful are we? In some cases we have intervened pre-trial to lobby against the death penalty being sought, and our efforts can continue all the way right through to last-minute clemency appeals. We’re not always successful, but we will always try to be.