Today’s RT interview about the Bradley Manning hearing:
And here’s the transcript of the full interview I did.
Tag Archives: Wikileaks
Silfur Egils Interview, Iceland
My recent interview on Iceland’s premier news discussion show, Silfur Egils, hosted by the excellent Egill Helgason.
The name refers to an old Norse saga about a hero, an earlier Egill, throwing handfuls of silver to the ground so he could make the Viking politicos of the day scrabble around in the dirt trying to pick up the coins.
Plus ça change, plus c’est la même chose.
Talk at the Icelandic Centre for Investigative Journalism
Wikileaks spokesman, Kristinn Hrafnsson, invited me to speak at the Icelandic Centre for Investigative Journalism while I was in Iceland in February.
While focusing on the intersection and control between intelligence and the media, my talk also explores many of my other current areas of interest.
Iceland Journalists talk 2013 from Annie Machon on Vimeo.
UK Anonymous Radio Interview
Here’s the link to my interview tonight on UK Anonymous Radio — I had a great time and found it a fun, wide-ranging, and stimulating hour. I hope you do too. So, thank you Anonymous.
And also thank you to Kim Dotcom setting up the new file-sharing site, Mega, which replaces his illegally-taken-down global site, MegaUpload. I have somewhere safe, I think, to store my interviews!
What a shambolic disgrace that MegaUpload raid was, and what a classic example of the global corporatist agenda that I discuss in the interview.
I do love geeks.
Lies, damned lies, and newspaper reporting…
Also on the Huffington Post UK, RT, The Real News Network, nsnbc, and Information Clearing House:
Where to start with this tangled skein of media spin, misrepresentation and outright hypocrisy?
Last week the Sam Adams Associates for Integrity in Intelligence presented this year’s award to Dr Tom Fingar at a ceremony jointly hosted by the prestigious Oxford Union Society.
Dr Fingar, currently a visiting lecturer at Oxford, had in 2007 co-ordinated the production of the US National Intelligence Estimate — the combined analysis of all 16 of America’s intelligence agencies — which assessed that the Iranian nuclear weaponisation programme had ceased in 2003. This considered and authoritative Estimate directly thwarted the 2008 US drive towards war against Iran, and has been reaffirmed every year since then.
By the very fact of doing his job of providing dispassionate and objective assessments and resisting any pressure to politicise the intelligence (à la Downing Street Memo), Dr Fingar’s work is outstanding and he is the winner of Sam Adams Award, 2012. This may say something about the parlous state of our intelligence agencies generally, but don’t get me started on that…
Anyway, as I said, the award ceremony was co-hosted by the Oxford Union Society last week, and many Sam Adams Associates attended, often travelling long distances to do so. Former winners were asked to speak at the ceremony, such as FBI Coleen Rowley, GCHQ Katherine Gun, NSA Thomas Drake, and former UK Ambassador Craig Murray. Other associates, including CIA Ray McGovern, diplomats Ann Wright and Brady Kiesling and myself also said a few words. As former insiders and whistleblowers, we recognised the vitally important work that Dr Fingar had done and all spoke about the importance of integrity in intelligence.
One other previous winner of the Sam Adams Award was also invited to speak — Julian Assange of Wikileaks. He spoke eloquently about the need for integrity and was gracious in praising the work of Dr Fingar.
All the national and international media were invited to attend what was an historic gathering of international whislteblowers and cover an award given to someone who, by doing their job with integrity, prevented yet further ruinous war and bloodshed in the Middle East.
Few attended, still fewer reported on the event, and the promised live streaming on Youtube was blocked by shadowy powers at the very last minute — an irony considering the Oxford Union is renowned as a free speech society.
But worse was to come. The next day The Guardian newspaper, which historically fell out with Wikileaks, published a myopic hit-piece about the event. No mention of all the whistleblowers who attended and what they said, no mention of the award to Dr Fingar, no mention of the fact that his work saved the Iranian people from needless war.
Oh no, the entire piece focused on the tawdry allegations emanating from Sweden about Julian Assange’s extradition case. Discounting the 450 students who applauded all the speeches, discounting all the serious points raised by Julian Assange during his presentation, and discounting the speeches of all the other internationally renowned whistleblowers present that evening, The Guardian’s reporter, Amelia Hill, focused on the small demo outside the event and the only three attendees she could apparently find to criticise the fact that a platform, any platform, had been given to Assange from his political asylum at the Ecuadorian Embassy.
So this is where we arrive at the deep, really deep, hypocrisy of the evening. Amelia Hill is, I’m assuming, the same Guardian journalist who was threatened in 2011 with prosecution under the Official Secrets Act. She had allegedly been receiving leaks from the Metropolitan Police about the on-going investigation into the News of the World phone-hacking scandal.
At the time Fleet Street was up in arms — how dare the police threaten one of their own with prosecution under the OSA for exposing institutional corruption? Shades of the Shayler case were used in her defence. As I wrote at the time, it’s a shame the UK media could not have been more consistently robust in condemning the chilling effects of the OSA on the free-flow of information and protect all the Poor Bloody Whistleblowers, and not just come out fighting when it is one of their own being threatened. Such is the way of the world.…
But really, Ms Hill — if you are indeed the same reporter who was threatened with prosecution in 2011 under the OSA — examine your conscience.
How can you write a hit-piece focusing purely on Assange — a man who has designed a publishing system to protect potential whistleblowers from precisely such draconian secrecy laws as you were hyperbolically threatened with? And how could you, at the same time, airbrush out of history the testimony of so many whistleblowers gathered together, many of whom have indeed been arrested and have faced prosecution under the terms of the OSA or US secrecy legislation?
Have you no shame? You know how frightening it is to be faced with such a prosecution.
Your hypocrisy is breath-taking.
The offence was compounded when the Sam Adams Associates all wrote a letter to The Guardian to set the record straight. The original letter is reproduced below, and this is what was published. Of course, The Guardian has a perfect right under its Terms and Conditions to edit the letter, but I would like everyone to see how this can be used and abused.
And the old media wonders why they are in decline?
Letter to The Guardian, 29 January 2013:
Dear Sir
With regard to the 24 January article in The Guardian entitled “Julian Assange Finds No Allies and Tough Queries in Oxford University Talk,” we question whether the newspaper’s reporter was actually present at the event, since the account contains so many false and misleading statements.
If The Guardian could “find no allies” of Mr. Assange, it did not look very hard! They could be found among the appreciative audience of the packed Oxford Union Debate Hall, and — in case you missed us — in the group seated right at the front of the Hall: the Sam Adams Associates for Integrity in Intelligence.
Many in our group — which, you might be interested to know co-sponsored the event with Oxford Union — had traveled considerable distances at our own expense to confer the 10th annual Sam Adams award to Dr. Thomas Fingar for his work on overseeing the 2007 National Intelligence Estimate that revealed the lack of an Iranian nuclear weaponization program.
Many of us spoke in turn about the need for integrity in intelligence, describing the terrible ethical dilemma that confronts government employees who witness illegal activity including serious threats to public safety and fraud, waste and abuse.
But none of this made it into what was supposed to pass for a news article; neither did any aspect of the acceptance speech delivered by Dr. Fingar. Also, why did The Guardian fail to provide even one salient quote from Mr Assange’s substantial twenty-minute address?
By censoring the contributions of the Sam Adams Associates and the speeches by Dr. Fingar and Mr. Assange, and by focusing exclusively on tawdry and unproven allegations against Mr. Assange, rather than on the importance of exposing war crimes and maintaining integrity in intelligence processes, The Guardian has succeeded in diminishing none but itself.
Sincerely,
The Sam Adams Associates for Integrity in Intelligence:
Ann Wright (retired Army Colonel and Foreign Service Officer of US State Department), Ray McGovern (retired CIA analyst), Elizabeth Murray (retired CIA analyst), Coleen Rowley (retired FBI agent), Annie Machon (former MI5 intelligence officer), Thomas Drake (former NSA official), Craig Murray (former British Ambassador), David MacMichael (retired CIA analyst), Brady Kiesling (former Foreign Service Officer of US State Department), and Todd Pierce (retired U.S. Army Major, Judge Advocate, Guantanamo Defense Counsel).
The Real News Network Whistleblower Special
The Real News Network coverage of the recent Sam Adams Award for Integrity in Intelligence, with contributions from many of the whistleblowers involved:
SAAII Award at the Oxford Union Society
On 23 January the Oxford Union Society will be hosting the Sam Adams Award for Integrity in Intelligence.
The SAAII is one of the few international recognitions for those within the intelligence community who follow their conscience, often at great professional and personal cost.
This year’s winner is Dr Tom Fingar, who headed up the 2007 US National Intelligence Estimate on Iran. He collated the official assessments of all 16 of America’s intelligence agencies, which unanimously assessed that Iran had ceased trying to build a nuclear weapon in 2003. This evidence-based analysis made it impossible for the Bush administration to push through its plans to launch a war against Iran in 2008. This excellent article by ex-CIA analyst Ray McGovern explains Dr Fingar’s achievements far better than I could.
Former SAAII winners include FBI Coleen Rowley, GCHQ Katherine Gun, NSA Thomas Drake, and Wikileaks supremo Julian Assange.
Over the last few weeks I have had the pleasure of working with the Union officers and fellow SAAIIers, especially renowned peace activists Ray McGovern and Elizabeth Murray (formerly of the US National Intelligence Council), to organise this event. Many of us will be speaking that evening, and Julian Assange will be doing a live video link.
All this in recognition of Dr Fingar’s contribution to professional, ethical intelligence work. Even in this “gloves-off”, post-9/11 world, it is heartening to hear that is possible.
I hope that many people can support and report on this event.
The Free Speech Debate
My recent interview for the excellent Oxford University Free Speech Debate project, run by Professor Timothy Garton Ash. I discuss whistleblowing, the Official Secrets Act, Wikileaks and much more:
The Scorpion Stare
I have written over the years about the encroaching surveillance state, the spread of CCTV and the increasing use of drones in our skies. When the North East of England introduced talking CCTV cameras that could bark orders at passing pedestrians in 2008, I thought that we were fast approaching the reductio ad absurdum point — and indeed this subject has raised a wry laugh from audiences around the world ever since.
Recently I have been reading with dismay a slew of articles about the increasing corporatisation of the surveillance state. First I stumbled across a piece describing Facebook’s latest innovation, Facedeal: cameras planted in shops and bars that will use the facial recognition and tagging abilities of FB to recognise you as a valued customer and offer you a discount, simply because you have signed up to this Big Brother app on Facebook.
Add this to the fact that Facebook is probably, well, an open book for to the entire US security apparatus, and you can see the potential abuse of this system. We shall effectively be bribed to allow ourselves to be spied on.
Facedeal is being trialed in the US. Some European countries, most notably Germany, have already stated that data recognition technology used even just for photo “tagging” is or could be deemed illegal. Germany specifically has regulations that allow Internet users control over their data. They are not going to like Facedeal.
Secondly, it was reported today that Google had patented intelligent image recognition technology. Combine this capability with Googles Earth and Street, and we are potentially looking at a truly panopticon society. The Germans are really not going to like that. (Nor indeed will certain of the French, including the man who earlier this year tried to sue Google after being photographed having a pee in his own front garden).
Thirdly, Boeing has triumphantly launched the concept of the drone swarm, operating with a hive mentality and upping the capabilities of military surveillance exponentially, while taking much of the risk out of any operation.
And finally, the Wikileaks story about TrapWire. This first emerged as yet another bonkers American scheme, where the footage from CCTV street cameras was being mainlined into the security apparatus. Subsequently, it has emerged via Wikileaks that Trapwire is also being used in other western countries, including the UK.
Not only can the securocrats watch you, they too are installing face recognition software that can identify you. While this may not yet be as accurate as the spies might wish, TrapWire has also installed predictive software that apparently can assess whether you are acting, loitering or walking in a suspicious manner. So you could pre-emptively be assessed to be about to commit a crime or an act of terrorism and, no doubt, appropriately and pre-emptively “dealt with”.
All of which must be so reassuring to protest groups such as Occupy, which have been subject to massive CCTV surveillance in NYC and which have been labelled a “terrorist/extremist threat” in the City of London.
At the risk of sounding alarmist, we now all know what “being dealt with” in this era of anti-activist SWAT teams, drone strikes and kill lists can potentially entail.
So where does this leave us as concerned citizens? It strikes me that we are being catapulted into some sci-fi dystopia beyond even Orwell’s wildest imaginings. Any fan of modern thrillers and sci-fi will be familiar with the concept of integrated super-computers that can watch our every move via CCTV.
The latter is what TrapWire et al are working towards. These new technologies remind me of a story line from a wonderful series of books called the The Laundry Files by Charles Stross. These novels are a perfect of merging of Len Deighton’s laconic spy fiction, à la Harry Palmer, with the geek universe and beyond. And, at the risk of a spoiler, one of the story lines envisages a centralised and weaponised CCTV system, mainlining into the secret services, that can be turned on UK citizens if the balloon goes up. This system is codenamed the “Scorpion Stare”.
Sounds far-fetched? Well The Laundry Files are a rollicking good read, but do bear in mind not only that our CCTV systems may be centralised courtesy of TrapWire, but also that various law enforcement agencies in the UK are using micro-drones to spy on protesters, and that they have reportedly enquired if these drones could be weaponised.….
So it all depends on how you define the balloon, I suppose.
Published in The Huffington Post UK, 3 September 2012
The Assange Witch Hunt
Published in The Huffington Post UK, 17 August 2012
A storm of diplomatic sound and fury has broken over Ecuador’s decision to grant political asylum to Wikileaks founder, Julian Assange. The UK government has threatened to breach all diplomatic protocol and international law and go into the embassy to arrest Assange.
The UK justifies this by citing the 1987 Diplomatic and Consular Premises Act, a law apparently put in place following the 1984 shooting of WPC Yvonne Fletcher from the Libyan Embassy in London. The murder resulted in an 11-day siege, and the embassy staff eventually being expelled from the country. Nobody has yet been brought to justice for this murder.
It is hard to equate the gravity of the crime that brought about the 1987 legislation — the murder of a policewoman — with Assange’s situation. Despite the screaming headlines, let us not forget that he is merely wanted for questioning in Sweden. Nevertheless, the UK is prepared to overturn all diplomatic protocol and create a dangerous international precedent to “get their man”, despite there being a clear lack of justification under the terms of the ’87 Act.
Many people in the western media remain puzzled about Assange’s fear of being held captive in the Swedish legal system. But can we really trust Swedish justice when it has been flagrantly politicised and manipulated in the Assange case, as has been repeatedly well documented. Indeed, the Swedish justice system has the highest rate per capita of cases taken to the ECtHR for flouting Article 6 — the right to a fair trial.
If Assange were extradited merely for questioning by police — he has yet to be even charged with any crime in Sweden — there is a strong risk that the Swedes will just shove him straight on the next plane to the US under the legal terms of a “temporary surrender”. And in the US, a secret Grand Jury has been convened in Virginia to find a law — any law — with which to prosecute Assange. Hell, if the Yanks can’t find an existing law, they will probably write a new one just for him.
So why all the sound and fury? What is this really all about?
Wikileaks is a ground-breaking new form of high-tech, award-winning journalism that has exposed corrupt practices across the world over the years. And crucially, in this war-torn, weary and financially broken world, it offers a secure conduit to whistleblowers who want to expose institutional crime and corruption for the public good.
Whistleblowers want to get their information out there, they want to make a difference, they want a fair hearing, and they don’t want to pay too high a personal price for doing so. Is that too much to ask?
By going public about serious concerns they have about their workplace, they are jeopardising their whole way of life: not just their professional reputation and career, but all that goes with it, such as the ability to pay the mortgage, their social circle, their family life, their relationship… Plus, the whistleblower can potentially risk prison or worse.
So, with these risks in mind, they are certainly looking for an avenue to blow the whistle that will offer a degree of protection and allow them to retain a degree of control over their own lives. In the old days, this meant trying to identify an honourable, campaigning journalist and a media organisation that had the clout to protect its source. While not impossible, that could certainly be difficult, and becomes increasingly so in this era of endemic electronic surveillance.
Today the other option is a secure, high-tech publishing conduit such as Wikileaks. This provides anonymity and a certain degree of control to the modern whistleblower, plus it allows their information to reach a wide audience without either being filtered by the media or blocked by government or corporate injunctions.
As someone who has a nodding acquaintance with the repercussions of blowing the whistle on a secret government agency, I have long seen the value of the Wikileaks model — and I also understand quite why governments feel so threatened by it. After all, no government or mega-corporation wants freedom of information and transparency forced upon it, nor an informed citizenry questioning its actions.
Our governments like to spout the phrase “if you have done nothing wrong, you have nothing to hide” as they roll out yet another intrusive surveillance measure.
Wikileaks has turned that right back at them — hence this modern-day witch-hunt.
What whistleblowers want
Whistleblowers want the sun and the moon — or at least they want to get their information out there, they want to make a difference, they want a fair hearing, and they don’t want to pay too high a personal price for doing so.
Is that too much to ask? The decision to expose criminality and bad practice for the public good has serious, life-changing implications.
By going public about serious concerns they have about their workplace, they are jeopardising their whole way of life: not just their professional reputation and career, but all that goes with it, such as the ability to pay the mortgage, their social circle, their family life, their relationship… Plus, the whistleblower can potentially risk prison or worse.
So, with these risks in mind, they are certainly looking for an avenue to blow the whistle that will offer a degree of protection and allow them to retain a degree of control over their own lives. In the old days, this meant trying to identify an honourable, campaigning journalist and a media organisation that had the clout to protect its source. While not impossible, that could certainly be difficult, and becomes increasingly so in this era of endemic electronic surveillance.
Today the other option is the secure, high-tech publishing conduit, as trail-blazed by Wikileaks. While this does not provide the potential benefits of working with a campaigning journalist, it does provide anonymity and a certain degree of control to the modern whistleblower, plus it allows their information to reach a wide audience without either being filtered by the media or blocked by government or corporate injunctions.
As someone who has a nodding acquaintance with the repercussions of blowing the whistle on a secret government agency, I have liked the Wikileaks model since I first stumbled across it in 2009.
As with most truly revolutionary ideas, once posited it is blindingly obvious.
Never before has this been technically possible — the idea that a whistleblower’s information could be made freely available to the citizens of the world, in order to inform their democratic choices, with no blockage, not censorship, no filtering or “interpretation” by the corporate media.
This is particularly relevant in an age when the global media has been consolidated in the hands of a few multinationals, and when these multinationals have a certain, shall we say “cosy”, relationship with many of top our politicians and power elites.
The control of the mainstream media by the spooks and governments has been the focus of many of my recent talks. These corrupt inter-relationships have also been recently laid bare with the News International phone-hacking scandals.
The days of garnering news from one favoured paper or TV bulletin are long gone. Few people now trust just one media outlet — they skip across a variety of news sources, trying to evaluate the truth for themselves. But even that can be problematic when something big occurs, such as the “justification” for the invasion of Iraq or Libya, and the current beat of war drums against Iran, when the corporate media mysteriously achieves a consensus.
Hence the democratic disconnect, hence the distrust, and hence (in part) the plummeting profits of the old media.
Wikileaks is based on a simple concept - it allows the people to read the source material for themselves and make up their own minds based on real information. This led to exposure of all kinds of global nasties way before the massive 2010 US data-dump.
Despite this approach, the impact was initially subdued until Wikileaks collaborated with the old media. This, as we all know, did indeed produce the coverage and awareness of those issues deemed important as it was filtered through the MSM. This has also inevitably lead to tensions between the new model hacktivists and the old-school journalists.
No government, least of all the USA, likes to have demands for justice and transparency forced upon it, and the push back since 2010 has been massive across the world in terms of an apparently illegal financial blockade, opaque legal cases and a media backlash. Certain of Wikileaks’s erstwhile media partners have collaborated in this, turning on one of their richest sources of information in history.
However, Wikileaks is more than a media source. It is a whole new model — a high-tech publisher that offers a safe conduit for whistleblowers to cache and publicise their information without immediately having to overturn (and in some cases risk) their lives.
For this work, Wikileaks has over the years won a number of internationally prestigious journalism awards.
Inevitably, critics in the mainstream media seem to want to have their cake and eat it too: one early partner, the New York Times, has written that it doesn’t recognise Wikileaks as a journalist organisation or a publisher — it is a source, pure and simple.
Either way, by saying this the media are surely shooting themselves in the corporate feet with both barrels. If Wikileaks is indeed “just” a source (the NYT seems to be blithely forgetting that good journalism is entirely dependent on its sources), then the media are breaking their prime directive: protect a source at all costs.
However, if Wikileaks is a journalism or publishing organisation and as such is being targeted by the US government, then all other media are surely equally at risk in the future?
By not standing up for Wikileaks in either capacity, it appears that the old media have a death wish.
Over the years whistleblowers around the world have demonstrated their trust in Wikileaks, as it was set up by someone emerging from the original bona fide hacker community. And rightly so — let’s not forget that no source has been exposed through the failure of the organisation’s technology.
Many media organisations rushed to emulate its success by trying to set up their own “secure” whistleblowing repositories. What the media execs failed to understand was the hacker ethos, the open source mentality: they went to their techie department or commercial IT service providers and said “we want one”, but failed to understand both the ethos and the security concerns around closed, proprietary software systems, often channelled through the post–Patriot Act, post–CISPA USA.
Other, apparently well-meaning organisations, also tried to emulate the Wikileaks model, but most have died a quiet death over the last year. Perhaps, again, for want of real trust in their origin or tech security?
Why on earth would any security-conscious whistleblower, emerging out of a government, military or intelligence organisation, trust such a set-up? If someone comes out of such an environment they will know all-too-well the scale of the push-back, the possible entrapments, and the state-level resources that will be used to track them down. They either need an über-secure whistleblowing platform, or they need journalists and lawyers with fire in their belly to fight the fight, no matter what.
So now to OpenLeaks — apparently the brainchild of Wikileaks defector Daniel Domsheit-Berg. He and the shadowy “Architect” famously fell out with Julian Assange in late 2010, just when the political heat was ramping up on the organisation. They left, reportedly taking some of the crucial coding and a tranche of files with them, and Domsheit-Berg decided to set up a rival organisation called OpenLeaks. As a result of his actions, Domsheit-Berg was uniquely cast out of the international hacker group, the CCC in Berlin.
He now seems to have been welcomed back into the fold and OpenLeaks appears, finally, to be ready to receive whistleblower information.
However, there is a crucial difference between the two organisations. Where Wikileaks wants to lay the information out there for public evaluation, OpenLeaks will merely act as a repository for certain approved mainstream media organisations to access. We are back to the original blockage of the corporate media deciding what information we, the people, should be allowed to ingest.
I would not wish to comment on Domsheit-Berg’s motivation, but to me this seems to be an even worse option for a whistleblower than directly contacting a campaigning journalist with a proven track record of covering hard-core stories and fighting for the cause.
With OpenLeaks, the whistleblower loses not only the automatic widespread dissemination of their information, but also any semblance of control over which journalists will be working on their story. Their information will be parked on the website and anyone from pre-selected media organisations will be able to access, use and potentially abuse it.
One could say that OpenLeaks operates as a secure staging platform where a whistleblower can safely store sensitive documents and information.… but the founder allegedly removed and destroyed sensitive files from Wikileaks when he jumped ship in 2010. Could any whistleblower really trust that OpenLeaks would not similarly “disappear” shit-hot information in the future?
Plus, there is the added worry for any rightly-paranoid whistleblower that the founder of OpenLeaks so easily abandoned Wikileaks when under pressure. Who’s to say that this would not happen again, if the full might of the Pentagon were brought to bear on OpenLeaks?
OpenLeaks offers neither the personal support of working with a trusted journalist and a media organisation with the clout to fight back, nor does it provide full disclosure to the wider public to side-step potential media self-censorship and government law suits, as the original Wikileaks model does.
As such OpenLeaks seems, at least to this particular whistleblower, to be an evolutionary blip — a retrograde step — in the quest for justice and accountability.
Whistleblowing and Wikileaks Debate at SKUP, Norway, March 2012
Here is the film of the debate at the SKUP investigative journalism conference in Norway on 25 March 2012:
Talks in Sweden and Norway
Off on my travels again at the end of the week, with two keynotes at Scandinavian journalism conferences.
I shall first be speaking at the Grav conference in Sweden on Friday 23 March.
Topics under discussion will include everything from security and intelligence to the war on terror, civil liberties to ethics and media freedoms, government accountability to whistleblowing and Wikileaks.
On Saturday I travel on to Norway to speak at the SKUP conference to give a talk and also on Sunday morning to participate in a panel discussion about all things whistleblowing and Wikileaks. I gather that such discussions can get quite, um, lively.
I’m looking forward to an interesting and stimulating weekend.
The Extradition Farce — why the delay in reform?
Outrage continues to swell about the peremptory extradition of British citizens to face trial on tenuous charges abroad.
Thanks to the tireless campaigning of distraught family members, a growing anger in the UK press, and indignant questions and debates in Parliament — even our somnambulant MPs have roused themselves to state that Something Must be Done - the Extradition Act 2003 is now centre stage, and reform of the law will no doubt occur at some point.
As there is a growing consensus, why the delay? I have a theory, but first let’s review some of the most troubling recent cases.
The case that really brought the issue to widespread public attention is the decade-long extradition battle of Gary McKinnon. With this sword of Damocles hanging over his head for so long, poor Gary has already effectively served a 10-year sentence, uncertain of his future and unable to work in his chosen profession. Thanks to the indefatigable campaigning of his mother, Janis Sharp, his case has received widespread support from the media and politicians alike.
Despite this the Home Secretary, Theresa May (who has recently been working so hard in Jordan to protect the rights of Abu Qatada), has dragged her feet abominably over making a decision about whether Gary should be extradited to the US to face a possible 70-year prison sentence — even though the UK investigation into his alleged crime was abandoned way back in 2002.
Then there is the more recent case of student Richard O’Dwyer, wanted in the US even though he lives in the UK and has broken no British laws. He is facing a 10 year maximum security sentence if extradited. Once again, his mother, Julia, is tirelessly fighting and campaigning for her son.
Most recently, Chris Tappin, a retired businessman and golf club president, has been shipped off to a Texas high security penitentiary following what sounds like a US entrapment operation (a technique not legally admissable in UK courts), and faces a 35 year sentence if convicted.
Despite having turned himself in, this elderly gent, who walks with the aid of a cane, is considered such a flight risk that he was last week denied bail. Once again, his wife Elaine has come out fighting.
My heart goes out to all these women, and I salute their tenacity and bravery. I remember living through a similar, if mercifully briefer, four months back in 1998 when the UK government tried and failed to extradite David Shayler from France to the UK to stand trial for a breach of the OSA. I remember with crystal clarity the shock of the arrest, the fear when he disappeared into a foreign legal system without trace, the anguish about his life in an alien prison.
And I remember the frightening moment when I realised I had to step up and fight for him — the legal case, dealing with MPs and the endless media work, including the terror of live TV interviews. And all this when you are worried sick about the fate of a loved one. Shall I just say it was a steep learning curve?
In the wake of the recent extradition cases, there have been questions in Parliament, motions, debates, reviews (Download Review), and there is an ongoing push for an urgent need for reform. And no doubt this will come, in time.
So why the delay? Why not change the law now, and prevent McKinnon, O’Dywer and many others being sacrificed on the American legal altar — the concept of “judicial rendition”, as I have mentioned before.
Well, I have a theory, one derived from personal experience. The British media — most notably the Daily Mail - inveigh against the unilateral extradition of UK citizens to the USA’s brutal prison régime. There is also some concern about extradition to other European jurisdictions — usually on the fringes to the south and east of the continent, regions where the British seem to have a visceral fear of corrupt officials and kangaroo courts.
But what many commentators seem to miss is the crucial legal connection — the extradition arrangements that ensure Brits can be shipped off to the US and many other legal banana republics comparable legal systems to face outrageous sentences are, in fact, embedded within the Extradition Act 2003. This is the act that enshrined the power of the European Arrest Warrant, the the act that was rushed through Parliament in the midst of the post-9/11 terrorism flap.
And, of course, this is the very act that is currently being used and abused to extradite Julian Assange to Sweden merely for police questioning (he has not even been charged with any crime), whence he can be “temporarily surrendered” to the delights of the US judicial process. Hmm, could this possibly be the reason for the delay in reforming the Act?
Let me guess, you think this is beginning to sound a bit tin-foil hat? Surely it is inconceivable that the British politicians and judges would delay righting a flagrant legal wrong that manifestly results in innocent people being unjustly extradited and prosecuted? Surely our government would move swiftly to protect its citizens?
As I mentioned, my theory stems from personal experience. Once again delving into the mists of time, in 1997 David Shayler blew the whistle on the wrongful conviction on terrorist charges of two innocent Palestinian students, Samar Alami and Jawad Botmeh. Their lawyer, the excellent Gareth Peirce, was immediately on the case, but the UK government dragged its heels for a year. Why?
During that time, the UK government tried to have Shayler extradited from France to the UK to stand trial. Government lawyers were confident of victory and delayed a decision on the students’ appeal against their convictions until the whistleblower was safely incarcerated in HMP Belmarsh, awaiting trial.
Except it all went wrong, and the French freed Shayler for being manifestly a political whistleblower, which in their legal opinion was not an extradictable offence. Only at that point did the UK government lawyers begin to work with Peirce on the Palestinian case, details of which can be found here.
So my theory is that the UK is dragging its feet about reforming the preposterous Extradition Act until it has Assange safely over in Sweden. However, they may be counting their chickens prematurely — and they should never, ever overlook the determination of the campaigning mother, in this case Christine Assange.
But in the meantime, while the UK continues to prostitute itself to the USA, how many more innocent people will have to suffer unjust and unjustifiable extradition?