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<p>A review of available records (dating back to 2001) has been undertaken and I can
confirm that we have identified one occasion where we have provided mutual legal assistance
without a death penalty assurance where the death penalty was an available sentence
which involved a British or former British national. Due to the potential to harm
on-going criminal investigations or future prosecutions and the confidentiality attached
to mutual legal assistance, it would not be appropriate to share further information.</p><p>I
reiterate the statement by the Minister of State for Security on 23 July (Official
Record 23 July column 725) who sought to reassure the House that our long-standing
position on the use of the death penalty has not changed. The UK has a long-standing
policy of opposing the death penalty as a matter of principle regardless of nationality.
Requests for Mutual Legal Assistance must be considered in accordance with the Government’s
Overseas, Security and Justice Assistance (OSJA) Guidance, which requires an assessment
of both human rights and death penalty risks.</p><p>The OSJA guidance, which has been
in existence since 2011, permits the provision of assistance, without obtaining assurances,
where there are strong reasons for doing so:</p><p>“Ministers should be consulted
to determine whether, given the specific circumstances of the case, we should nevertheless
provide assistance.”</p>
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