Premier vows fight over UK stand on hanging
Britain yesterday insisted that Bermuda abolish the death penalty to bring the Island into line with the UK's international treaty obligations.
But the British Government's hardline position on hanging sparked a furious response from Premier Pamela Gordon and former colonies in the Commonwealth who still have hanging for some offences.
And Ms Gordon warned if Britain pushed the issue, it could have a Bermudian Constitutional crisis on its hands and possibly another Referendum on the subject to underline the Island's commitment to retaining hanging for some offences.
Ms Gordon said: "They are saying we must eliminate the death penalty -- but we had a Referendum and people voted for it to remain as they voted against Independence and we have to respect the opinions of the people of Bermuda.'' The issue of the death penalty came up during a stormy discussion on human rights at the UK-Caribbean Forum in the Bahamas.
It is understood the former UK colonies of Trinidad and Belize were furious at the death penalty being included in the human rights session.
And Belize representatives hinted they may axe London's Privy Council as the country's final court of appeal over the issue.
Ms Gordon said: "It's one of these things we have made very clear. We are not going to take an individual position on it.
"I felt encouraged by the position taken by other countries. It made the UK step back a bit and say they won't be creating an edict here.'' But she added: "They made it clear if we are to be under the umbrella of the UK, the UK are having difficulties because they have to satisfy international and European convention on this issue.
Bermuda, UK in death penalty row "According to the UK Government, we now have an obligation to meet the criteria which the UK Government must meet in regard to their international obligations.'' And Ms Gordon said: "We will have to address this with the people of Bermuda.'' The UK has already abolished the death penalty in the Caribbean Dependent Territories which have fewer constitutional rights than Bermuda.
But it is understood that the UK could still pass legislation in the UK and impose it on Bermuda which would probably cause a major rift with the Island or the UK could pass special indemnity laws giving it immunity in world courts even if Bermuda retains hanging. Ms Gordon said newly-created Minister for the Dependent Territories Baroness Symons had made it clear that "if they had to they would go the route it would take to make us conform.'' But she added: "They recognise it would create a constitutional crisis and bring the world's press to their door.
"They can also pass indemnity legislation to render the UK innocent for Bermuda's actions.'' Ms Gordon also noted that former colonies like Trinidad pointed out during the closed session that the Caribbean have been leaders of human rights issues, especially over apartheid South Africa.
She said: "They took great offence that the death penalty was on the agenda in relation to human rights being tied to capital punishment.'' Ms Gordon pointed out: "It was passed down in the UK law books. It's not a vigilante thing.
"It's legal. It's done for murder and that is very definitely not considered an issue of human rights.'' And she added that another Referendum to test the Island's commitment to the death penalty could be held to underscore the Island's point with the Foreign Office.
Ms Gordon said: "We will have to address this again with the people of Bermuda.'' "It's possible -- everything depends on the pressure the UK brings to bear and degree of autonomy Bermuda keeps and what it has to relinquish,'' she continued.
But she warned: "The people of Bermuda would have to know what the consequences of that decision would be.'' Capital punishment was last used in Bermuda in 1977 when Larry Tacklyn and Erskine (Buck) Burrows were hanged for the murder of Governor Sir Richard Sharples and his Aide-de-Camp Capt. Hugh Sayers, Police Commissioner George Duckett and two supermarket owners Victor Rego and Mark Doe.
Their executions sparked a wave of race riots across the Island.
Ms Gordon was speaking on the second day of the UK Caribbean Forum called by UK Foreign Secretary Robin Cook.