Seeking Refuge in Hostility: The Caribbean ‘British Isle of Freedom’ and the Right to Remove Fugitive Convicts

Abstract

ABSTRACTThe early twentieth century was a formative legislative era for the rendition of fugitives across the globe. Yet, imperial regimes were often unable to extradite fugitives. This paper draws upon a key extradition case in Trinidad involving fugitives from French Guiana penal colony who won their appeal case to avoid extradition – Kossekechatko and others v. Attorney General for Trinidad. The paper highlights how the case and its aftermath gave rise to imperial tensions. These pressures were between the rights of the imperial state to remove fugitive convicts who were cast as ‘undesirable’ individuals, the legality of deporting ‘criminal aliens’ accused of extraditable offences, and the right of refuge for French Guiana fugitive convicts as advocated by humanitarian groups. The paper shows how imperial policymakers attempted to manage this tension. It argues that the state’s right to remove fugitive convicts triumphed when reforming imperial policy on extradition and that the Trinidad government strategically deployed both policy and philanthropic groups to remove fugitives rather than grant them refuge. As an increased international condemnation of the French Guiana regime remained in the background of the case, the example of French Guiana fugitives arriving in Trinidad therefore provides an apt window onto these imperial tensions and their resolution.