LEAP Interview on The Real News Network, October 2012

I par­ti­cip­ated in the Law Enforce­ment Against Pro­hib­i­tion (LEAP) board meet­ing last Octo­ber in Bal­timore. While there, I arranged for board mem­bers to do a series of inter­views about the failed glob­al “war on drugs” with the excel­lent and inde­pend­ent Real News Net­work.

The tide of his­tory is with us — more and more coun­tries are speak­ing out about the fail­ure of pro­hib­i­tion.  LEAP sup­ports and con­trib­utes to this discussion.

LEAP has rep­res­ent­at­ives across the world with a wide range of pro­fes­sion­al expert­ise: police officers, drug czars, judges, pris­on gov­ernors, law­yers, drug enforce­ment officers, and even the occa­sion­al former spook.…

Our var­ied exper­i­ences and back­grounds have brought us to one con­clu­sion: we all assess the “war on drugs” to have been an abject fail­ure that causes more glob­al soci­et­al harm than good, as well as fund­ing organ­ised crime, ter­ror­ism and white col­lar bank crime.

We urgently need to rethink the failed UN drug conventions.

Here is the RNN inter­view I par­ti­cip­ated in, along with Brazili­an Judge Maria Lucia Karam:

Asymmetric Extradition — the American Way

Pub­lished in the Huff­ing­ton Post UK, The Real News Net­work, and Inform­a­tion Clear­ing House

I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lif­ic invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

Then he has to go and say “well, if the US ignores oth­er coun­tries’ laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

I had made the tac­tic­al blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’D­wyer about her son’s ongo­ing leg­al fight in the UK.

The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

Richard O’D­wyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fash­ioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-post­ing ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­i­al hos­ted on his website.

Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

How­ever, the Amer­ic­an author­it­ies thought dif­fer­ently.  O’D­wyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-ori­gin­ated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ic­an gov­ern­ment to glob­al­ise their leg­al hege­mony. The most notori­ous recent case was the illeg­al US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earli­er this year.

This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the pres­id­en­tially-approved CIA kill list.

As a res­ult, not only was O’D­wyer­’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­im­um secur­ity pris­on.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

So how does this link to the Max Keiser inter­view? Read­ing it reminded me of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Itali­an law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Mil­an Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9‑year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ic­an law, which we are all now sup­posed to agree has a glob­al­ised reach; on the oth­er hand, US cit­izens who have already been con­victed by the due leg­al pro­cess of oth­er West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

I have writ­ten at length about Amer­ica’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

Just why, indeed, should European coun­tries reli­giously obey Amer­ica’s self-styled glob­al leg­al domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US leg­al sys­tem?  Espe­cially when the US brushes aside the due leg­al pro­cesses of oth­er demo­cra­cies and refuses to extra­dite con­victed felons?

It appears that the USA is in a hurry to reach and breach Bri­tain’s record for for­eign inva­sions. But in addi­tion to old-fash­ioned mil­it­ary incur­sions, Amer­ica is also going for full-spec­trum leg­al dominance.

The Real News Network Interview on Whistleblowing

Part One of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

Will MI6 “fix” intelligence on Iran?

By:    Ray McGov­ern, former CIA ana­lyst and Annie Machon, former MI5 intel­li­gence officer

Recent remarks by the head of MI6, Sir John Saw­ers, leave us won­der­ing if the Secret Intel­li­gence Ser­vice is pre­par­ing to “fix” intel­li­gence on Iran, as his imme­di­ate pre­de­cessor, Sir John Scar­lett, did on Iraq.

Scarlett’s pre-Iraq war role in cre­at­ing “dodgy dossiers” hyp­ing the threat of non-exist­ent “weapons of mass destruc­tion” is well known.  As for Saw­ers, the red warn­ing light for politi­ciz­a­tion blinked brightly on July 4, as he told Brit­ish seni­or civil ser­vants that Iran is “two years away” from becom­ing a “nuc­le­ar weapons state.”  How did Saw­ers come up with “two years?”

Since late 2007, the bench­mark for weigh­ing Iran’s nuc­le­ar pro­gram has been the unan­im­ous assess­ment by all 16 U.S. intel­li­gence agen­cies that Iran hal­ted its nuc­le­ar weapons pro­gram in late 2003 and that, as of mid-2007, had not restar­ted it.  Those judg­ments have been reval­id­ated every year since — des­pite strong pres­sure to bow to more omin­ous — but evid­ence-light — assess­ments by Israel and its neo-con­ser­vat­ive supporters.

Intel­li­gence Can Make a Difference

The 2007 the US Nation­al Intel­li­gence Estim­ate helped to thwart plans to attack Iran in 2008, the last year of the Bush/Cheney admin­is­tra­tion.  This shines through in George Bush’s own mem­oir, Decision Points, in which he rues the NIE’s “eye-pop­ping declar­a­tion: ‘We judge with high con­fid­ence that in fall 2003, Tehran hal­ted its nuc­le­ar weapons program.’”

Bush con­tin­ues, “But after the NIE, how could I pos­sibly explain using the mil­it­ary to des­troy the nuc­le­ar facil­it­ies of a coun­try the intel­li­gence com­munity said had no act­ive nuc­le­ar weapons pro­gram?” (Decision Points, p. 419)

Hands tied on the mil­it­ary side, US cov­ert oper­a­tions flowered, with $400 mil­lion appro­pri­ated at that same time for a major escal­a­tion of the dark-side struggle against Iran, accord­ing to mil­it­ary, intel­li­gence, and con­gres­sion­al sources cited by Sey­mour Her­sh in 2008.  This clandes­tine but all-too-real war on Iran has included attacks with com­puter vir­uses, the murders of Ira­ni­an sci­ent­ists, and what the Israel­is call the “unnat­ur­al” demise of seni­or offi­cials like Revolu­tion­ary Guards Major Gen­er­al Has­san Moghad­dam fath­er of Iran’s mis­sile program.

Moghad­dam was killed in a large explo­sion last Novem­ber, with Time magazine cit­ing a “west­ern intel­li­gence source” as say­ing the Israel’s Mossad was behind the blast.  More threat­en­ing still to Iran are the severe eco­nom­ic sanc­tions, which are tan­tamount to an act of war.

Israeli Prime Min­is­ter Ben­jamin Net­an­yahu and pro-Israel neo-con­ser­vat­ives in the U.S. and else­where have been push­ing hard for an attack on Iran, seiz­ing every pre­text they can find.  Net­an­yahu was sus­pi­ciously fast off the blocks, for example, in claim­ing that Iran was behind the tra­gic ter­ror­ist bomb­ing of Israeli tour­ists in Bul­garia on July 18, des­pite Bul­gari­an author­it­ies and even the White House warn­ing that it is too early to attrib­ute responsibility.

Netanyahu’s instant indict­ment of Iran strongly sug­gests he is look­ing for excuses to up the ante.  With the Per­sian Gulf look­ing like an acci­dent wait­ing to hap­pen, stocked as it is with war­ships from the U.S., the U.K. and else­where — and with no fail-safe way of com­mu­nic­at­ing with Ira­ni­an nav­al com­mand­ers — an escal­a­tion-gen­er­at­ing acci­dent or pro­voca­tion is now more likely than ever.

July 23: Mark­ing a Day of Infamy

Oddly, Sawers’s speech of July 4 came just as an import­ant date approached — the tenth anniversary of a sad day for Brit­ish intel­li­gence on Iraq.  On July 23, 2002 at a meet­ing at 10 Down­ing Street, then-MI6 head, John Dear­love, briefed Tony Blair and oth­er seni­or offi­cials on his talks with his Amer­ic­an coun­ter­part, CIA Dir­ect­or George Ten­et, in Wash­ing­ton three days before.

In the offi­cial minutes of that brief­ing (now known as the Down­ing Street Memo), which were leaked to the Lon­don Times and pub­lished on May 1, 2005, Dear­love explains that George Bush has decided to attack Iraq and the war was to be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruc­tion.”  While then-For­eign Sec­ret­ary Jack Straw points out that the case was “thin,” Dear­love explains mat­ter-of-factly, “The intel­li­gence and facts are being fixed around the policy.”

There is no sign in the minutes that any­one hic­cupped — much less demurred — at mak­ing a case for war and fur­ther­ing Blair’s determ­in­a­tion to join Bush in launch­ing the kind of “war of aggres­sion” out­lawed by the post-world war Nurem­berg Tribunal and the UN treaty.

Helped by the acqui­es­cence of their chief spies, the Blair gov­ern­ment main­lined into the body polit­ic un-assessed, raw intel­li­gence and forged doc­u­ments, with dis­astrous con­sequences for the world.

UK cit­izens were spoon-fed fake intel­li­gence in the Septem­ber Dossier (2002) and then, just six weeks before the attack on Iraq, the “Dodgy Dossier”, based largely on a 12-year old PhD thes­is culled from the Inter­net — all presen­ted by spy and politi­cian alike as omin­ous pre­mon­it­ory intelligence.

So was made the case for war. All lies, res­ult­ing in hun­dreds of thou­sands dead and maimed and mil­lions of Iraqis dis­placed — yet no one held to account.

Sir Richard Dear­love, who might have pre­ven­ted this had he had the integ­rity to speak out, was allowed to retire with full hon­ours and became the Mas­ter of a Cam­bridge col­lege.  John Scar­lett, who as chair of the Joint Intel­li­gence Com­mit­tee signed off the fraud­u­lent dossiers, was rewar­ded with the top spy job at MI6 and a knight­hood. George W. Bush gave George Ten­et the Pres­id­en­tial Medal of Free­dom — the highest civil­ian award.

What need have we for fur­ther proof? “So are they all, all hon­our­able men” — remin­is­cent of those stand­ing with Bru­tus in Shakespeare’s play, but with no Mark Anthony to expose them and stir the appro­pri­ate pop­u­lar reaction.

Therein lies the prob­lem: instead of being held account­able, these “hon­our­able men” were, well, hon­oured. Their soft land­ings offer a nox­ious object les­son for ambi­tious bur­eau­crats who are ready to play fast and loose with the truth and trim their sails to the pre­vail­ing winds.

Ill-got hon­ours offer neither deterrent nor dis­in­cent­ive to cur­rent and future intel­li­gence chiefs temp­ted to fol­low suit and cor­rupt intel­li­gence rather than chal­lenge their polit­ic­al lead­ers with hard, un-“fixed” facts. Integ­rity? In this milieu integ­rity brings know­ing smirks rather than hon­ours. And it can get you kicked out of the club.

Fix­ing Intel­li­gence on Iran

Are we in for anoth­er round of “fix­ing” — this time on Iran? We may know soon.  Israeli Prime Min­is­ter Net­an­yahu, cit­ing the ter­ror­ist attack in Bul­garia, has already provided what amounts to a vari­ation on Dearlove’s ten-year old theme regard­ing how war can be “jus­ti­fied by the con­junc­tion of ter­ror­ism and weapons of mass destruction.”

Accord­ing to the Jer­u­s­alem Post on July 17, Net­an­yahu said that all coun­tries that under­stand that Iran is an export­er of world ter­ror must join Israel in “stat­ing that fact clearly,” in order to emphas­ize the import­ance of pre­vent­ing Iran from obtain­ing a nuc­le­ar weapon.

Appear­ing yes­ter­day on Fox News Sunday and CBS’s Face the Nation, Net­an­yahu returned to that theme. Put­ting the blame for the ter­ror­ist attack in Bul­garia squarely on Iran (and Hezbol­lah), Net­an­yahu warned of the increased dangers that would accrue if Iran acquired nuc­le­ar weapons. “What would be the con­sequences if the most dan­ger­ous régime in the world got the world’s most dan­ger­ous weapons?”.

Will MI6 chief Saw­ers mod­el his con­duct on that of his pre­de­cessors who “jus­ti­fied” war on Iraq? Will he “fix” intel­li­gence around U.K./U.S./Israeli policy on Iran? Par­lia­ment­ary over­seers should demand a brief­ing from Saw­ers forth­with, before erstwhile bull­dog Bri­tain is again dragged like a poodle into anoth­er unne­ces­sary war.

Annie Machon is a former intel­li­gence officer in the UK’s MI5 Secur­ity Ser­vice and Ray McGov­ern is a fomer U.S Army Intel­li­gence Officer and CIA analyst.

A Tale of Two Cases

Abu_QatadaThe first case, the one hit­ting the head­lines this week, is that of Jord­ani­an-born alleged ter­ror­ist supremo Abu Qatada, who arrived in the UK using a forged pass­port almost 20 years ago and claimed asylum, and has already been found guilty twice in absen­tia of ter­ror­ist attacks in Jordan. He is reportedly also wanted in sev­en oth­er coun­tries for ter­ror­ist-related offences.  He has been labeled Bin Laden’s right-hand man in Europe, and over the last few years in the UK has been vari­ously interned, placed under con­trol order, and held in max­im­um secur­ity prisons. 

The UK courts ruled that he should be depor­ted to stand tri­al in his nat­ive coun­try, but these rul­ings were recently over­turned by the European Court of Human Rights (ECtHR), as it had con­cerns that Jord­ani­an dip­lo­mat­ic assur­ances that he would not be tor­tured could not be relied on, and that evid­ence against him in any retri­al there might have been obtained using torture. 

MATT_CartoonAs a res­ult, Mr Justice Mit­ting of the Spe­cial Immig­ra­tion Appeals Com­mis­sion (Siac) has ruled that he should be released under a strict T‑PIM (the new con­trol order).  This decision has pre­dict­ably roused the froth­ing wrath of the Home Office and the read­er­ship of the Daily Mail.  Politi­cians of all fla­vours have rushed out their sound bites con­demning the ECtHR decision. 

But can they not see that it is the com­pla­cency and the very dis­dain for law that the Brit­ish polit­ic­al and intel­li­gence infra­struc­ture has dis­played for the last dec­ade that has cre­ated this mess in the first place?  If, instead of kid­nap­ping, tor­ture, assas­sin­a­tion, and indeed intern­ment without tri­al with­in the UK, the rule of law had been fol­lowed, the coun­try would not cur­rently find itself in this leg­al quagmire. 

There used to be a notion that you used due pro­cess to invest­ig­ate a ter­ror­ist sus­pect as you would any oth­er sus­pec­ted crim­in­al: gath­er the evid­ence, present the case to the Crown Pro­sec­u­tion Ser­vice, hold a tri­al in front of a jury, and work towards a conviction. 

How quaintly old-fash­ioned that all seems today.  Instead, since 9/11 and the incep­tion of the hys­ter­ic­ally bru­tal “war on ter­ror” led by the USA, we have seen people in the UK thrown into pris­on for years on the secret word of anonym­ous intel­li­gence officers, where even the sus­pects’ law­yers are not allowed to see the inform­a­tion against their cli­ents.  The Brit­ish leg­al sys­tem has become truly Kafkaesque.

Which leads me to the second case.  This was a quote in yes­ter­day’s Guard­i­an about the Abu Qatada ruling:

The Con­ser­vat­ive back­bench­er Domin­ic Raab echoed Blun­kett’s anger: “This res­ult is a dir­ect res­ult of the per­verse rul­ing by the Stras­bourg court. It makes a mock­ery of human rights law that a ter­ror­ist sus­pect deemed ‘dan­ger­ous’ by our courts can­’t be returned home, not for fear that he might be tor­tured, but because European judges don’t trust the Jord­ani­an justice sys­tem.”

Julian_assangeIn the case of Juli­an Assange, can we really trust the Swedish justice sys­tem? While the Swedish judi­cial sys­tem may have an ostens­ibly more fra­grant repu­ta­tion than that of Jordan, 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, to bas­tard­ise the above quote, who now really trusts the Amer­ic­an justice system?

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.

For­get about the fact that Wikileaks is a ground-break­ing new form of high-tech journ­al­ism that has exposed cor­rupt prac­tices across the world over the years.  The US just wants to make an example of Assange in retali­ation for the embar­rass­ment he has caused by expos­ing US double deal­ing and war crimes over the last dec­ade, and no doubt as a dread­ful example to deter others. 

Bradley_Manning_2The alleged Wikileaks source, US sol­dier Private Brad­ley Man­ning, has been kept in inhu­mane and degrad­ing con­di­tions for well over a year and will now be court-mar­tialed.  The gen­er­al assump­tion is that this pro­cess was designed to break him, so that he would implic­ate Assange and pos­sibly oth­er Wikileaks asso­ci­ates.  

In my view, that means that any US tri­al of Assange could essen­tially be rely­ing on evid­ence obtained under tor­ture.  And if Assange is extra­dited and and judi­cially rendered to the US, he too will face tor­tur­ous con­di­tions.

So, to sum­mar­ise, on the one hand we have a man who is wanted in eight coun­tries for ter­ror­ist offences, has already been con­victed twice in his home coun­try, but who can­not be extradited.

And on the oth­er hand we have a man who has not been charged, tried or con­victed of any­thing, but is merely wanted for ques­tion­ing on minor and appar­ently trumped up charges in anoth­er coun­try, yet who has also been imprisoned in sol­it­ary con­fine­ment and held under house arrest.  And it looks like the Brit­ish author­it­ies are happy to col­lude in his extradition.

Both these men poten­tially face a mis­tri­al and both may poten­tially exper­i­ence what is now euphemist­ic­ally known as “degrad­ing and inhu­mane treatment”.

But because one faces being sent back to his home coun­try — now seen for the pur­poses of his case as a banana repub­lic with a cor­rupt judi­cial sys­tem that relies on evid­ence extrac­ted under tor­ture — he shall prob­ably not be extra­dited.  How­ever, the oth­er faces being sent to an ali­en coun­try well known as a beacon of civil rights and fair judi­cial sys­tem oops, sorry, as a banana repub­lic with a cor­rupt judi­cial sys­tem that relies on evid­ence extrac­ted under torture.

A_Tale_of_Two_CitiesThe UK has become a leg­al laugh­ing stock around the world and our judi­cial frame­work has been bent com­pletely out of shape by the require­ments of the “war on ter­ror” and the rap­idly devel­op­ing cor­por­ate fas­cism of our government. 

The UK is cur­rently cel­eb­rat­ing the bicen­ten­ary of the birth of Charles Dick­ens.  Per­haps the time has come to pause and think about some of the issues he dis­cussed in one of his best-known nov­els, “A Tale of Two Cit­ies”.  Do we want our coun­try to slide fur­ther down the path of state ter­ror­ism — a phrase adop­ted from the ori­gin­al Grande Ter­reur of the French Revolution? 

We need to seize back our basic rights, the due pro­cess of law, and justice.

One man’s terrorist is another man’s activist

Here we go again.  In this heart­warm­ing art­icle in today’s Guard­i­an news­pa­per, Brit­ish MPs on the Home Affairs Com­mit­tee have decided that the inter­net is the most sig­ni­fic­ant factor in the rad­ic­al­isa­tion of viol­ent extrem­ists and con­clude that Some­thing Must Be Done.

One para­graph leapt out at me:

The Com­mons home affairs com­mit­tee says inter­net ser­vice pro­viders need to be as effect­ive at remov­ing mater­i­al that pro­motes viol­ent extrem­ism as they are in remov­ing con­tent that is sexu­al or breaches copy­right.” (My emphasis.)

Anti_SOPA_cartoonMost of us are aware of the recent dog­fight in the US about the pro­posed SOPA and PIPA laws to crack down on copy­right infringe­ment and, as a res­ult, there is a some­what belated but stead­ily increas­ing out­cry in Europe about the immin­ent impos­i­tion of ACTA across the continent. 

I have writ­ten before about how such laws provide the mil­it­ary-intel­li­gence com­plex with the per­fect stalk­ing horse for a pan­op­tic sur­veil­lance state, and the cam­paign­ing writer, Cory Doc­torow, summed it up beau­ti­fully when he wrote that “you can­’t make a sys­tem that pre­vents spy­ing by secret police and allows spy­ing by media giants”.

And, lo, it is now appar­ently com­ing to pass.  The Par­lia­ment­ary half-wits are now pro­pos­ing to use com­mer­cial legis­la­tion such as the utterly undemo­crat­ic ACTA as a bench­mark for coun­ter­ing poten­tial ter­ror­ists and extrem­ists.  Might they have failed to notice the pleth­ora of exist­ing counter-ter­ror­ism and eaves­drop­ping legis­la­tion, put in place for this very pur­pose and already much used and abused by a wide range of pub­lic bod­ies in the UK?

This yet again high­lights the mis­sion-creepy Big Broth­er cor­por­at­ist group-think.  Rather than hav­ing to spell it out in bor­ing old lin­ear text, here is some use­ful link­age — what I like to think of as 3‑D writing: 

Pro­test­er = act­iv­ist = domest­ic extrem­ist = viol­ent extrem­ist = ter­ror­ist  

G20_kettling

I’m sure you can see where I am head­ing.  To name but a few notori­ous abuses, we already live in a world where west­ern gov­ern­ments and spy agen­cies col­lude in the kid­nap­ping, tor­ture and assas­sin­a­tion of alleged ter­ror­ist sus­pects; the NDAA now endorses these prac­tices with­in the US; Brit­ish police spy on inno­cent protest groups for years; legit­im­ate pro­test­ers can be “kettled”, beaten up and maced; act­iv­ists can be pre-empt­ively arres­ted as eas­ily in the UK as in Syr­ia; and where Amer­ic­an politi­cians want to des­ig­nate the high-tech pub­lish­ing organ­isa­tion Wikileaks as a ter­ror­ist group.

There is an old aph­or­ism that one man’s ter­ror­ist was anoth­er man’s free­dom fight­er.  I think the time has come for an update:

One man’s ter­ror­ist is anoth­er man’s activist. 

And we are all increas­ingly at risk. 

Mediafabric talk, Prague, October 2011

Last Octo­ber I had the pleas­ure of speak­ing at the excel­lent Medi­afab­ric con­fer­ence in Prague.  The focus of my talk was the future of intel­li­gence, whis­tleblow­ing and journalism.

The event was organ­ised by Source­fab­ric, an inter­na­tion­al organ­isa­tion that provides open source tools and solu­tions for journ­al­ists, so it was an eclect­ic and stim­u­lat­ing crowd of journ­al­ists, geeks, hack­tav­ists and design­ers.   So well done and thank you to the organisers.

Here’s the video:

Libya, MI6, and torture — interview on Press TV

Libya, MI6, tor­ture, and more happy sub­jects dis­cussed recently on “Africa Today” on Press TV

The pro­gramme was inter­est­ing, informed and bal­anced.  Do have a watch:

Libyans caught between a rock and a hard place

This art­icle in today’s New York Times, par­tic­u­larly these fol­low­ing two para­graphs, sent a shiver down my spine for the fate of the Liby­an people:

Abdelhakim-Belhaj“The most power­ful mil­it­ary lead­er is now Abdel Hakim Bel­haj, the former lead­er of a hard-line group once believed to be aligned with Al Qaeda.The grow­ing influ­ence of Islam­ists in Libya raises hard ques­tions about the ulti­mate char­ac­ter of the gov­ern­ment and soci­ety that will rise in place of Col. Muam­mar el-Qaddafi’s autocracy.….

.…Mr. Bel­haj has become so much an insider lately that he is seek­ing to unseat Mah­moud Jib­ril, the Amer­ic­an-trained eco­nom­ist who is the nom­in­al prime min­is­ter of the inter­im gov­ern­ment, after Mr. Jib­ril obliquely cri­ti­cized the Islamists.”

The Liby­ans, finally free of Gad­dafi’s 42-year dic­tat­or­ship, now seem faced with a choice between an Islam­ist fac­tion that has stated pub­licly that it wants to base the new con­sti­tu­tion on Sharia — a state­ment that must have caused a few ripples amongst Liby­a’s edu­cated and rel­at­ively  eman­cip­ated women — or a new gov­ern­ment headed up by an Amer­ic­an-trained economist. 

Shock_DoctrineAnd we all know what hap­pens to coun­tries when such eco­nom­ists move in: asset strip­ping, the syphon­ing off of the nation­al wealth to transna­tion­al mega-corps, and a plunge in the people’s liv­ing stand­ards.  If you think this sounds extreme, then do get your hands on a copy of Naomi Klein’s excel­lent “Shock Doc­trine” — required read­ing for any­one who wants to truly under­stand the grow­ing glob­al fin­an­cial crisis.

Of course, this would be an ideal out­come for the US, UK and oth­er west­ern forces who inter­vened in Libya. 

Mr Bel­haj is, of course, anoth­er mat­ter.  Not only would an Islam­ist Libya be a poten­tially dan­ger­ous res­ult for the West, but should Bel­haj come to power he is likely to be some­what hos­tile to US and par­tic­u­larly Brit­ish interests. 

Why?  Well, Abdul Hakim Bel­haj has form.  He was a lead­ing light in the Liby­an Islam­ic Fight­ing Group, a ter­ror­ist organ­isa­tion which bought into the ideo­logy of “Al Qaeda” and which had made many attempts to depose or assas­sin­ate Gad­dafi, some­times with the fin­an­cial back­ing of the Brit­ish spies, most not­ably in the failed assas­sin­a­tion plot of 1996.

Of course, after 9/11 and Gad­dafi’s rap­proche­ment with the West, this col­lab­or­a­tion was all air-brushed out of his­tory — to such an extent that in 2004 MI6 was instru­ment­al in  kid­nap­ping Bel­haj, with the say-so of the CIA, and “extraordin­ar­ily ren­der­ing” him to Tripoli in 2004, where he suffered 6 years’ tor­ture at the hands of Liby­a’s bru­tal intel­li­gences ser­vices.  After this, I doubt if he would be minded to work too closely with UK companies.

So I’m will­ing to bet that there is more behind-the-scenes med­dling from our spooks, to ensure the ascend­ency of Jib­ril in the new gov­ern­ment.  Which will be great for West­ern busi­ness, but not so great for the poor Libyans.….

Spy documents found in Libya reveal more British double dealing

Musa_KousaA cache of highly clas­si­fied intel­li­gence doc­u­ments was recently dis­covered in the aban­doned offices of former Liby­an spy mas­ter, For­eign Min­is­ter and high-pro­file defect­or, Musa Kusa.

These doc­u­ments have over the last couple of weeks provided a fas­cin­at­ing insight into the grow­ing links in the last dec­ade between the former UK Labour gov­ern­ment, par­tic­u­larly Tony Blair, and the Gad­dafi régime.  They have dis­played in oily detail the degree of toady­ing that the Blair gov­ern­ment was pre­pared to coun­ten­ance, not only to secure luc­rat­ive busi­ness con­tracts but also to gloss over embar­rass­ing epis­odes such as Lock­er­bie and the false flag MI6-backed 1996 assas­sin­a­tion plot against Gaddafi.

These doc­u­ments have also appar­ently revealed dir­ect involve­ment by MI6 in the “extraordin­ary rendi­tion” to Tripoli and tor­ture of two Liby­ans.  Iron­ic­ally it has been repor­ted that they were wanted for being mem­bers of the Liby­an Islam­ic Fight­ing Group, the very organ­isa­tion that MI6 had backed in its failed 1996 coup.

The sec­u­lar dic­tat­or­ship of Col Gad­dafi always had much to fear from Islam­ist extrem­ism, so it is per­haps unsur­pris­ing that, after Blair’s notori­ous “deal in the desert” in 2004, the Gad­dafi régime used its con­nec­tions with MI6 and the CIA to hunt down its enemies.  And, as we have all been end­lessly told, the rules changed after 9/11…

The tor­ture  vic­tims, one of whom is now a mil­it­ary com­mand­er of the rebel Liby­an forces, are now con­sid­er­ing suing the Brit­ish gov­ern­ment.  Jack Straw, the For­eign Sec­ret­ary at the time, has tried to shuffle off any blame, stat­ing that he could not be expec­ted to know everything that MI6 does.

Well, er, no — part of the job descrip­tion of For­eign Sec­ret­ary is indeed to over­see the work of MI6 and hold it to demo­crat­ic account­ab­il­ity, espe­cially about such ser­i­ous policy issues as “extraordin­ary rendi­tion” and tor­ture.  Such oper­a­tions would indeed need the min­is­teri­al sign-off to be leg­al under the 1994 Intel­li­gence Ser­vices Act.

There has been just so much hot air from the cur­rent gov­ern­ment about how the Gib­son Tor­ture Inquiry will get to the bot­tom of these cases, but we all know how tooth­less such inquir­ies will be, cir­cum­scribed as they are by the terms of the Inquir­ies Act 2005.  We also know that Sir Peter Gib­son him­self has for years been “embed­ded” with­in the Brit­ish intel­li­gence com­munity and is hardly likely to hold the spies mean­ing­fully to account.

MoS_Shayler_11_09_2011So I was par­tic­u­larly intrigued to hear that the the cache of doc­u­ments showed the case of Dav­id Shayler, the intel­li­gence whis­tleblower who revealed the 1996 Gad­dafi assas­sin­a­tion plot and went to pris­on twice for doing so, first in France in 1998 and then in the UK in 2002, was still a sub­ject of dis­cus­sion between the Liby­an and UK gov­ern­ments in 2007. And, as I have writ­ten before, as late as 2009 it was obvi­ous that this case was still used by the Liby­ans for lever­age, cer­tainly when it came to the tit-for-tat nego­ti­ations around case of the murder in Lon­don out­side the Liby­an Embassy of WPC Yvonne Fletch­er in 1984.

Of course, way back in 1998, the Brit­ish gov­ern­ment was all too ready to crush the whis­tleblower rather than invest­ig­ate the dis­clos­ures and hold the spies to account for their illeg­al and reck­less acts.  I have always felt that this was a fail­ure of demo­cracy, that it ser­i­ously under­mined the future work and repu­ta­tion of the spies them­selves, and par­tic­u­larly that it was such a shame for the fate of the PBW (poor bloody whis­tleblower).

But it now appears that the Brit­ish intel­li­gence com­munity’s sense of omni­po­tence and of being above the law has come back to bite them.  How else explain their slide into a group-think men­tal­ity that par­ti­cip­ates in “extraordin­ary rendi­tion” and tor­ture?

One has to won­der if wily old Musa Kusa left this cache of doc­u­ments behind in his aban­doned offices as an “insur­ance policy”, just in case his defec­tion to the UK were not to be as com­fort­able as he had hoped — and we now know that he soon fled to Qatar after he had been ques­tioned about the Lock­er­bie case.

But wheth­er an hon­est mis­take or cun­ning power play, his actions have helped to shine a light into more dark corners of Brit­ish gov­ern­ment lies and double deal­ing vis a vis Libya.…

How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

The Israeli Embassy Two — a gross miscarriage of justice

Samar_Alami Jawad_Botmeh Over the last few years there have been a num­ber of egre­gious cases of police and state cov­er-ups in the UK around the deaths and wrong­ful pro­sec­u­tions of inno­cent people.

This brings to my mind the appalling mis­car­riage of justice that occurred in the 1990s when two Palestini­an stu­dents, a young woman called Samar Alami and a young man called Jawad Bot­meh, were both wrong­fully con­victed of con­spir­acy to bomb the Israeli embassy in Lon­don in July 1994. 

In this case a highly soph­ist­ic­ated car bomb as det­on­ated out­side the embassy.  Thank­fully nobody was killed, but a num­ber of people suffered minor injur­ies.   Alami and Bot­meh had con­nec­tions to Palestini­an polit­ic­al sup­port groups based in Lon­don at the time, many of whom were roun­ded up dur­ing the invest­ig­a­tion.  Bot­meh had naively helped out a shad­owy and nev­er-iden­ti­fied fig­ure called Reda Moghr­abi, who asked for assist­ance in buy­ing a second-hand car at auc­tion.  This was the car that was used in the explosion.

Why is this case an example of estab­lish­ment cov­er-up?  Well,  this was one of the cases that former MI5 officer Dav­id Shayler blew the whistle on dur­ing the 1990s.  He revealed the exist­ence of two rel­ev­ant doc­u­ments that should have been dis­closed to the defence but, for some unac­count­able reas­on, were not.

The first, an agent report from a cred­ible and trus­ted source, poin­ted to a non-Palestini­an group plan­ning the attack before it had even occurred.  This report was not acted upon by the MI5 officer respons­ible, who then tried to cov­er up her mis­take.  She was caught out, and there was a much-dis­cussed intern­al inquiry into the mat­ter with­in MI5’s G Branch (inter­na­tion­al ter­ror­ism) in late 1994.

But there was anoth­er doc­u­ment — one writ­ten by G9/1, the seni­or MI5 officer who over­saw the post-incid­ent invest­ig­a­tion.  His view was that Mossad, the extern­al Israeli intel­li­gence agency, had car­ried out a con­trolled explo­sion out­side its own embassy (the shad­owy and uniden­ti­fied Reda Moghr­abi being the poten­tially cru­cial miss­ing link) in order to acquire the long-deman­ded addi­tion­al secur­ity pro­tec­tion around Israeli interests in the UK, and also to shat­ter the Palestini­an sup­port net­works in Lon­don — a long-term object­ive of Mossad.

The gov­ern­ment at the time tried to dis­miss these dis­clos­ures.  How­ever, the much-missed Private Eye invest­ig­at­ive   journ­al­ist, Paul Foot, and the indefatig­able law­yer, Gareth Peirce, fol­lowed them up and pur­sued them tire­lessly through the media and the courts

And guess what?  It turns out that these two key doc­u­ments had indeed not been dis­closed to the leg­al defence team dur­ing the tri­al of Alami and Bot­meh — and not just by the hap­less spooks.  It emerged dur­ing the appeal hear­ing that no few­er than sev­en people from a vari­ety of police and intel­li­gence organ­isa­tions had failed to dis­close the rel­ev­ant doc­u­ment­a­tion to the defence.  This can­not be explained away as an inno­cent over­sight, a cock-up — it bears all the hall­marks of a delib­er­ate, sys­tem­ic estab­lish­ment cover-up.

All this rep­res­en­ted, at the very least, a need for a retri­al but also a pos­sible gross mis­car­riage of justice.  And yet, while acknow­ledging that these doc­u­ments did indeed exist dur­ing the appeal hear­ing and bey­ond, the presid­ing m’luds decided to ignore all case law and European law and let those two inno­cents rot in pris­on.  After all, it would be ter­ribly embar­rass­ing to vin­dic­ate the actions of an intel­li­gence whis­tleblower, would­n’t it?

As a res­ult, the poor pawns in this sick estab­lish­ment game, Jawad Bot­meh and Samar Alami, ended up serving their full sen­tences, des­pite the over­whelm­ing body of evid­ence prov­ing their inno­cence, and were finally released in 2008 and 2009 respectively.

For any­one inter­ested in the detailed hor­ror story behind this flag­rant mis­car­riage of justice, here is the rel­ev­ant chapter from my long-defunct book: Down­load The_Israeli_Embassy_Case

If you’ve done nothing wrong, you have nothing to hide.…

Well, if you’ve done noth­ing wrong, you have noth­ing to hide.  Why object to increas­ing state sur­veil­lance powers?”

I speak reg­u­larly at inter­na­tion­al events about basic freedoms, civil liber­ties and encroach­ing police states, and this is one of the most fre­quently asked questions.

This ques­tion is usu­ally posed in the con­text of the ubi­quit­ous CCTV cam­er­as that infest the streets of Bri­tain, where it is estim­ated that you can be pho­to­graphed hun­dreds of times a day going about your daily busi­ness in London. 

DroneNot to men­tion the talk­ing CCTV cam­er­as in the North of Eng­land, nor the increas­ing use of spy drones (as yet, reportedly, unweapon­ised — at least leth­ally)  over the skies of Bri­tain.  Nor the fact that the police officers in charge of CCTV units admit that the tech­no­logy is only use­ful as evid­ence in 3% of cases, and that viol­ent crime has actu­ally gone up since the spread of CCTV, so we’re cer­tainly no safer on our streets.

Nor do the well-mean­ing people ask­ing this ques­tion (who, one pre­sumes, have nev­er-ever done any­thing wrong in their lives, even to the extent of not drop­ping lit­ter) seem to grasp the his­tor­ic­al evid­ence: they retain an optim­ist­ic faith in the long-term benign inten­tions of our governments.

Yet as we’ve seen time and time again in his­tory, more dubi­ous, total­it­ari­an and malig­nant gov­ern­ments can indeed gain power, and will abuse and extend the sur­veil­lance laws and avail­able tech­no­logy against their own peoples.  And I’m not just talk­ing about Hitler­’s rise to power in the 1930s or the East Ger­man Stasi, although I’m in agree­ment with UK Edu­ca­tion Sec­ret­ary Michael Gove at the moment in say­ing that his­tory les­sons are nev­er a waste.…

Big_Brother_posterBut we also need to learn more recent les­sons: the UK in the 1970s-1990s, where the Irish com­munity as a whole was tar­geted because of fringe Repub­lic­an ter­ror­ism; or the Muslim com­munity post‑9/11, which lives with the real fear of of being arres­ted, extraordin­ar­ily rendered, tor­tured, or even assas­sin­ated on the say-so of unac­count­able intel­li­gence agen­cies; or even peace­ful protest groups in the USA and UK who are infilt­rated and aggress­ively invest­ig­ated by Stasi-like police officers.

The Uni­ver­sal Declar­a­tion of Human Rights was put in place for a very good reas­on in 1948: to pre­vent the hor­rors of state ter­ror­ism, viol­ence and gen­o­cide from ever hap­pen­ing again.  Amongst the essen­tial, inter­na­tion­ally-agreed core prin­ciples are the right to life, the right not to be tor­tured, free­dom of expres­sion, and the right to indi­vidu­al privacy. 

Which brings me neatly back to the start of this art­icle.  This is pre­cisely why increas­ing state sur­veil­lance is a prob­lem.  Because of the post‑9/11, over-inflated, hyped-up threat from soi-dis­ant ter­ror­ist groups, we are all being pen­al­ised.  The bal­ance of power is shift­ing over­whelm­ingly in favour of the Big Broth­er state.

Well, almost.  The Wikileaks mod­el is help­ing to level the play­ing field, and whatever hap­pens to this trail-blaz­ing organ­isa­tion, the prin­ciples and tech­no­logy are out there and will be rep­lic­ated.  The genie can­not be put back in the bottle.

So, why not pose the very ques­tion in the title of this piece back on those who want to turn back the clock and erad­ic­ate Wikileaks — the gov­ern­ments, mega-cor­por­a­tions, and intel­li­gence agen­cies which have been outed, shamed and embar­rassed, and which are now try­ing to sup­press its work?

If you’ve done noth­ing wrong, you have noth­ing to hide.….