Law Enforcement Against Prohibition (LEAP)

LEAP_logo

Law Enforce­ment Against Pro­hib­i­tion (LEAP).

Pro­hib­i­tion has nev­er worked, as proven through­out history. 

Around the world many judges, law­yers, officers from the police, cus­toms, and intel­li­gence organ­isa­tions, as well as many oth­er experts, are chal­len­ging the failed concept of the “war on drugs”.   This policy, in place for dec­ades now in many coun­tries des­pite its mani­fest, abject and repeated fail­ure, crim­in­al­ises great swathes of our pop­u­la­tions, causes health prob­lems, social prob­lems and untold suf­fer­ing, and funds organ­ised crime and ter­ror­ist groups, rather than provid­ing poten­tially enorm­ous tax rev­en­ue to the state. 

It is time for a mature, calm debate about the issue, rather than hys­ter­ic­al, tabloid headlines.

I am hon­oured to be one of this group speak­ing out.


 

LEAP State­ment of Principles

1. LEAP does not pro­mote the use of drugs and is deeply con­cerned about the extent of drug abuse world­wide. LEAP is also deeply con­cerned with the destruct­ive impact of viol­ent drug gangs and car­tels every­where in the world. Neither prob­lem is remedied by the cur­rent policy of drug pro­hib­i­tion. Indeed, drug abuse and gang viol­ence flour­ish in a drug pro­hib­i­tion envir­on­ment, just as they did dur­ing alco­hol prohibition.

2. LEAP advoc­ates the elim­in­a­tion of the policy of drug pro­hib­i­tion and the inaug­ur­a­tion of a replace­ment policy of drug con­trol and reg­u­la­tion, includ­ing reg­u­la­tions impos­ing appro­pri­ate age restric­tions on drug sales and use, just as there are age restric­tions on mar­riage, sign­ing con­tracts, alco­hol, tobacco, oper­at­ing vehicles and heavy equip­ment, vot­ing and so on.

3. LEAP believes that adult drug abuse is a health prob­lem and not a law-enforce­ment mat­ter, provided that the abuse does not harm oth­er people or the prop­erty of others.

4. LEAP believes that adult drug use, how­ever dan­ger­ous, is a mat­ter of per­son­al free­dom as long as it does not impinge on the free­dom or safety of others.

5. LEAP speak­ers come from a wide diver­gence of polit­ic­al thought and social con­science and recog­nize that in a post-pro­hib­i­tion world it will take time to strike a prop­er reg­u­lat­ory bal­ance, blend­ing private, pub­lic and med­ic­al mod­els to best con­trol and reg­u­late “illi­cit drugs.” LEAP speak­ers are free to advoc­ate their view of bet­ter post-pro­hib­i­tion stratagems without toe­ing a LEAP “party line.”

6. LEAP recog­nizes that even in a post-pro­hib­i­tion world, still, drugs can be dan­ger­ous and poten­tially addict­ive, requir­ing appro­pri­ate reg­u­la­tion and con­trol. Even in a free-mar­ket eco­nomy, reas­on­able reg­u­la­tion for the pur­poses of pub­lic health is a long-stand­ing, accep­ted prin­ciple. Such reg­u­la­tion must not allow cas­u­al, unfettered or indis­crim­in­ate drug sales.

7. LEAP believes that gov­ern­ment has a pub­lic health oblig­a­tion to accur­ately ascer­tain the risks asso­ci­ated with the use of each “illi­cit drug” and a duty to clearly com­mu­nic­ate that inform­a­tion to the pub­lic by means of labeling and warn­ings sim­il­ar to what is done regard­ing food, tobacco, alco­hol and medicine.

8. LEAP believes that an inor­din­ate num­ber of people have been mis­guidedly incar­cer­ated for viol­a­tion of zero-tol­er­ant, non­vi­ol­ent, con­sen­su­al “drug crimes.” The end of drug pro­hib­i­tion will allow those per­sons to be promptly released, to have their record of con­vic­tion expunged, and their civil rights com­pletely restored. How­ever, the repeal of drug pro­hib­i­tion does not imply the exon­er­a­tion from charges for con­nec­ted offenses, such as viol­ent crimes, gun crimes, theft, or driv­ing under the influ­ence of drugs. Fur­ther­more, LEAP believes that people using alco­hol or oth­er drugs must be held account­able for any mis­be­ha­vi­or, which harms oth­er people or prop­erty of oth­ers, while under the influ­ence of mind-alter­ing substances.

9. LEAP believes that per­sons suf­fer­ing from drug abuse afflic­tions and addic­tion, who want help, should be provided with a vari­ety of help, includ­ing drug treat­ment and drug main­ten­ance, even for unin­sured addicts. LEAP believes that with an end to drug pro­hib­i­tion and regained con­trol of crim­in­al justice expendit­ures, a frac­tion of those sav­ings would be more than suf­fi­cient to pay for expan­ded addic­tion services.

10. LEAP recog­nizes that dif­fer­ent “illi­cit drugs” pose dif­fer­ing risks of harm. As such, in a post-pro­hib­i­tion world, LEAP recog­nizes that an appro­pri­ate set of reg­u­la­tions and con­trol for one sub­stance may not be a suit­able or suf­fi­cient reg­u­la­tion and con­trol for anoth­er sub­stance. LEAP believes that the nation states of the world and vari­ous states with­in the United States must be giv­en the reg­u­lat­ory lat­it­ude to try new mod­els that wisely bal­ance the notions of free­dom over one’s own body with the need for com­mon sense reg­u­la­tion of drugs to reduce death, dis­ease, addic­tion and harm.

Drug_tax_revenue

 

 

The murder of Pat Finucane

Mov­ing swiftly past the pruri­ent, thigh-rub­bing glee that most of the old media seems to be exhib­it­ing over the alleged details of Juli­an Assange’s love life, let’s re-focus on the heart of the Wikileaks dis­clos­ures, and most import­antly the aims under­pin­ning them: trans­par­ency, justice, and an informed cit­izenry liv­ing with­in fully-func­tion­ing demo­cra­cies.  Such quaint notions.

In the media mael­strom of the Cableg­ate dis­clos­ures, and the res­ult­ing infant­ile and thug­gish threats of the Amer­ic­an polit­ic­al class, is easy to lose sight of the fact that many of the leaked doc­u­ments refer to scan­dals, cor­rup­tion and cov­er-ups in a range of coun­tries, not just the good old US of A.

Pat_FinucaneOne doc­u­ment that recently caught my atten­tion related to the notori­ous murder twenty-one years ago of civil rights act­iv­ist, Pat Finu­cane, in North­ern Ire­land.  Finu­cane was a well-known law­yer who was shot and killed in front of his wife and three small chil­dren.  There has long been spec­u­la­tion that he was tar­geted by Prot­est­ant ter­ror­ist groups, in col­lu­sion with the NI secret police, the army’s notori­ous and now-dis­ban­ded Forces Research Unit (FRU), and/or MI5.

Well, over a dec­ade ago former top plod, Lord (John) Stevens, began an inquiry that did indeed estab­lish such state col­lu­sion, des­pite hav­ing his inquiry offices burnt out in the pro­cess by person/s allegedly unknown half-way through the invest­ig­a­tion.  Stevens fought on, pro­du­cing a damning report in 2003 con­firm­ing the notion of state col­lu­sion with Irish Loy­al­ist ter­ror­ist activ­it­ies, but nev­er did cla­ri­fy exactly what had happened to poor Pat Finucane.

How­ever, Finu­cane’s trau­mat­ised fam­ily has nev­er stopped demand­ing justice.  The recent dis­clos­ure shines a light on some of the back-room deals around this scan­dal, and for that I’m sure many people thank Wikileaks.

The “Troubles” in North­ern Ire­land — such a quint­es­sen­tially Brit­ish under­state­ment, in any oth­er coun­try it would have been called a civil war — were decept­ive, murky and vicious on both sides.  “Col­lu­sion” is an elast­ic word that stretches bey­ond the strict notion of the state.  It is well-known that the US organ­is­tion, NORAID, sup­por­ted by many Amer­ic­ans claim­ing Irish ances­try, was a major fun­drais­ing chan­nel for, um, Sinn Féin, the polit­ic­al wing of the Pro­vi­sion­al IRA, from the 1970s onwards. 

Peter_kingSuch net­works provided even more sup­port than Col­on­el Gad­dafi of Libya with his arms ship­ments, and the cash well only dried up post‑9/11.  As you can see in this recent art­icle in the The Tele­graph, even the incom­ing Chair­man of the House Home­land Secur­ity Com­mit­tee, New York Con­gress­man Peter King (who iron­ic­ally called for the des­ig­na­tion of Wkileaks as a “for­eign ter­ror­ist organ­isa­tion”) appears to have been a life long sup­port­er of Sinn Féin.

With this in the back of our minds, it appears that Dub­lin and Wash­ing­ton kept push­ing for a full inquiry into Finu­cane’s murder — and in 2005 it looked like MI5 would finally co-oper­ate

How­ever, the dev­il was in the detail. Coin­cid­ent­ally, 2005 was the year that the UK gov­ern­ment rushed through a new law, the Inquir­ies Act, which scan­dal­ously allowed any depart­ment under invest­ig­a­tion (in this case MI5) to dic­tate the terms and scope of the inquiry. 

Col­lu­sion by any state in the unlaw­ful arrest, tor­ture, and extraju­di­cial murder of people — wheth­er its own cit­izens or oth­ers — is state ter­ror­ism.  Let’s not mince our words here.  Amnesty Inter­na­tion­al provides a clear defin­i­tion of this concept.

As the The Guard­i­an  art­icle about Finu­cane so succintly puts it:

When a state sanc­tions the killing of cit­izens, in par­tic­u­lar cit­izens who are law­yers, it puts the rule of law and demo­cracy in jeop­ardy. And when a state enlists aux­il­i­ary assas­sins, it cedes its mono­poly over state secrets: it may feel omni­po­tent, but it is also vul­ner­able to disclosure.”

Mercenaries1Indeed.  North­ern Ire­land was like a Petri dish of human rights abuses: tor­ture, Dip­lock courts (aka mil­it­ary tribunals), kid­nap­pings, curfews, shoot-to-kill, inform­ers, and state col­lu­sion in assassinations.

The infec­tion has now spread.  These are pre­cisely the tac­tics cur­rently used by the US, the UK and their “aux­il­i­ary assas­sins” across great swathes of the Middle East.  Per­haps this explains why our nation states have been out­flanked and have ceded their mono­poly over secrets.

Will justice ever be done?  In the past I would have said, sadly, that would be highly unlikely.  How­ever,  cour­ageous organ­isa­tions like Wikileaks and its ilk are improv­ing the odds.

The Ghost of Daniel Ellsberg

Pentagon_papers This is an excel­lent art­icle from a European tech­no­logy strategist and futur­ist.  It suc­cinctly sums up all that is wrong with the old medi­a’s cov­er­age of the Wikileaks story over the last year, where people obsess about the tech­no­logy, the web­site and the per­son­al life of Juli­an Assange.

As the art­icle says, we should be focus­ing on the core issues: illeg­al wars, war crimes, murder, tor­ture, cor­por­ate and polit­ic­al cor­rup­tion, and dip­lo­mat­ic duplicity.

Let’s address the mes­sage, not attack the mes­sen­ger, and cer­tainly not the medium.

 

 

RTTV interview — in defence of Wikileaks

On 6 Decem­ber I appeared on RTTV’s CrossTalk dis­cus­sion pro­gramme along­side whis­tleblow­ing UK ex-dip­lo­mat Carne Ross, to talk about the implic­a­tions of Wikileaks:

 

 

Secrecy laws come out of the closet

Finally the true inten­tions behind the dra­coni­an Brit­ish law, the Offi­cial Secrets Act, and sim­il­ar espi­on­age-related laws in oth­er coun­tries such as the USA, have been laid bare.  All is revealed — these laws appar­ently have noth­ing what­so­ever to do with pro­tect­ing nation­al secur­ity and coun­ter­ing espi­on­age — their primary pur­pose is to stifle dis­sent and legit­im­ate cri­ti­cism of the state.

How can I tell?  Well, look at the reac­tion to the ongo­ing Wikileaks rev­el­a­tions, as opposed to today’s UK spy scan­dal involving the par­lia­ment­ary assist­ant of a hitherto unre­mark­able MP

WikileaksThe now-notori­ous Wikileaks site has been going since 2007 and, in this brief time, has shone a bright light on such nas­ties as Trafigura, the BNP, Sci­ento­logy, Cli­mateg­ate, Guantanamo, the Aus­trali­an inter­net black­list, Sarah Pal­in, and much more.

The site achieved world-wide notori­ety this year with four big stor­ies — start­ing with the har­row­ing film “Col­lat­er­al Murder”, which demon­strated clearly that the Pentagon had been lying to the dis­traught fam­il­ies of the vic­tims of this video-game nasty for years. 

Since then Wikileaks has clev­erly worked with selec­ted media oulets such as The Guard­i­an, The New York Times and Der Spiegel in Ger­many to give us the Afghan War logs and Iraq war files, which exposed endem­ic bru­tal­ity, tor­ture and war crimes (all in the name of spread­ing demo­cracy, of course), and cul­min­at­ing over the last week with the ongo­ing Cableg­ate expose.

The response?  Well the major­ity of the old media, par­tic­u­larly those that did­n’t share in the juicy scoops, has been in attack mode: con­demning whis­tleblow­ing; vil­i­fy­ing the char­ac­ter of Wikileaks spokes­per­son, Juli­an Assange; and glee­fully report­ing the wide­spread cyber­space crack­down (Amazon pulling the site, Payp­al stop­ping con­tri­bu­tions, the ongo­ing hack attacks). 

But this is just so much hot air — what about the real sub­stance of the dis­clos­ures?  The viol­ent hor­ror, war crimes, and gov­ern­ment lies?  Why is our so-called Fourth Estate not demand­ing a response to all this ter­rible evidence?

Julian_AssangeHow­ever, it is the reac­tion of the US polit­ic­al class that is most gob-smack­ingly shock­ing.  The half-wits call for Assange’s pro­sec­u­tion under the US Espi­on­age Act (even though he’s an Aus­trali­an); to have him executed, assas­sin­ated by drone attack, or unlaw­fully dis­ap­peared as an “unlaw­ful com­batant”; and make hys­ter­ic­al calls for Wikileaks to be placed on the US list of pro­scribed for­eign ter­ror­ist organ­isa­tions.  Daniel Ells­berg, the fam­ous Pentagon Papers whis­tleblower, fears for Assange’s life.

Well, you can always tell how effect­ive a whis­tleblower is by the response you engender when telling truth to power, and this is a pretty strik­ing vindication.

Of course, Juli­an Assange is not strictly speak­ing a whis­tleblower per se.  He is the next gen­er­a­tion — a highly-cap­able, high-tech con­duit, using his “hack­iv­ist” skills to out-pace and out-smart those who seek to con­ceal vital information.

As he said dur­ing a TED​.com inter­view last sum­mer, he strives to live by the ideal that to be a man is to be “cap­able and gen­er­ous, not to cre­ate vic­tims, but to nur­ture them…”.  And this is indeed the pro­tec­tion Wikileaks offers, an aven­ue of secure dis­clos­ure for people of con­science on the inside, without their hav­ing to go pub­lic to estab­lish the bona fides of what they are say­ing, with the res­ult­ing vic­tim­isa­tion, loss of career, liberty, and pos­sibly life.

Still, politi­cians seem unable to make the dis­tinc­tion — they are solely focused on loss of face, embar­rass­ment, and shor­ing up the wall of secrecy that allows them to get away with lies, tor­ture and war crimes.  I hope that com­mon sense will pre­vail and Assange will not become anoth­er sac­ri­fi­cial vic­tim on the altar of “nation­al security”.

Katia_ZSo why did I say at the start that the secrecy laws have come out of the closet?  Well, in the wake of all this recent media and polit­ic­al hys­teria about Wikileaks, this little espi­on­age gem appeared in the UK media today.   Essen­tially, the UK Home Sec­ret­ary is boot­ing out an alleged Rus­si­an spy, Ms Katia Zat­uliv­eter who, des­pite get­ting through secur­ity vet­ting (MI5, any­one?), was really an SVR agent  work­ing as the Par­lia­ment­ary assist­ant to Mike Han­cock MP — a man who hap­pens to have a spe­cial interest in Rus­sia and who serves on the UK’s Par­lia­ment­ary Defence Select Committee.

Now, in the old days such alleged activ­ity would mean an auto­mat­ic arrest and prob­able pro­sec­u­tion for espi­on­age under the Offi­cial Secrets Acts (1911 and 1989). If we go with what the old media has repor­ted, this would seem to be a clear-cut case.  Dur­ing the Cold War for­eign spies work­ing under dip­lo­mat­ic cov­er could be dis­creetly PNGed (the jar­gon for declar­ing a dip­lo­mat per­sona non grata).  How­ever, this young woman was work­ing in Par­lia­ment, there­fore can have no such dip­lo­mat­ic cov­er.  But deport­a­tion and the avoid­ance of embar­rass­ment seems to be the order of the day — as we saw also with the explu­sion of the Rus­si­an spy ring from the US last summer).

Which demon­strates with a start­ling clar­ity the real inten­tions behind the Brit­ish OSA and the Amer­ic­an Espi­on­age Act.  The full force of these laws will auto­mat­ic­ally be brought to bear against those expos­ing crime in high and secret places, pour enour­ager les autres,  but will rarely be used against real spies. 

Proof pos­it­ive, I would sug­gest, that these laws were draf­ted to pre­vent cri­ti­cism, dis­sent and whis­tleblow­ing, as I’ve writ­ten before, but not mean­ing­fully to pro­tect our nation­al secur­ity.  One can but hope that the Wikileaks débâcle acts as the long-over­due final nail in the OSA coffin.

Would it not be won­der­ful if our “esteemed” legis­lat­ors could learn from recent events, draw a col­lect­ive deep breath, and finally get to grips with those who pose a real threat to our nations — the people who lie to take us into illeg­al wars, and intel­li­gence officers involved in tor­ture, assas­sin­a­tion and espionage?

Spy drones coming soon to a place near you.

For a long time now I have been giv­ing speak­ing out at con­fer­ences and in inter­views around the world about the encroach­ing nature of our sur­veil­lance states. 

One aspect of this, the endem­ic CCTV cov­er­age in the UK, is notori­ous inter­na­tion­ally. Not only the estim­ated 4 mil­lion+ pub­lic CCTV cam­er­as on Brit­ish streets, but also all the traffic cam­er­as and private secur­ity cam­er­as that sneak a peak onto our pub­lic spaces too.  As if that were not enough, earli­er this year it was also repor­ted that loc­al coun­cils are invest­ing in mobile CCTV smart spy cars too.

Addi­tion­ally, of course, we had the issue of Google Street View invad­ing our pri­vacy, and the cam­era cars also just happened to coin­cid­ent­ally hoover up the private inter­net traffic of those too trust­ing to lock their wire­less inter­net access.  Unlike the UK, the Ger­mans have thank­fully said a robust “nein” to Google’s plan.

All this, as I’ve pre­vi­ously noted, des­pite the fact that the head of the Met­ro­pol­it­an Police depart­ment respons­ible for pro­cessing all this sur­veil­lance inform­a­tion went on the record to say that CCTV evid­ence is use­less in help­ing to solve all but 3% of crimes, and those merely minor.  In fact, since CCTV has been rolled out nation­ally, viol­ent crime on the streets of Bri­tain has not notice­ably reduced.

But, hey, who cares about facts when secur­ity is Big Busi­ness?  Someone, some­where, is get­ting very rich by rolling out ever more Orwellian sur­veil­lance technology. 

Talking_CCTV_CameraOn the streets of Bri­tain, it is get­ting pro­gress­ively worse.  Audi­ences across Europe and North Amer­ica have respon­ded with shocked laughter when I have men­tioned that police tri­als had been con­duc­ted in the UK using talk­ing CCTV cam­er­as that barked orders at appar­ent transgressors.

In 2007 Middles­brough, a town in the north east of the UK with a zero-tol­er­ance policy, began a tri­al using these talk­ing cam­er­as.  In line with a gov­ern­ment review of civil liber­ties this year, it was repor­ted over the sum­mer that the use of these cam­er­as might be phased out.  Need­less to say, the coun­cil is fight­ing a fierce rear­guard action against the remov­al of talk­ing CCTV — an obvi­ous example of the inher­ent dif­fi­culty of try­ing to wrest estab­lished power from the authorities.

Then earli­er this year it emerged that vari­ous Brit­ish police forces and the Ser­i­ous Organ­ised Crime Agency (SOCA),  have ordered mil­it­ary-style drones to spy on the cit­izenry from the skies.  One drone man­u­fac­turer said that there had been enquir­ies about the poten­tial for mil­it­ar­isa­tion of these drones: thank­fully, his response was repor­ted as fol­lows in The Guardian:

Military_drone“Mark Lawrence, dir­ect­or of Air Robot UK, said: “UAVs will, to an extent, replace heli­copters. Our air robots cost £30,000 com­pared with £10m for a fully equipped mod­ern heli­copter. We have even been asked to put weapons on them but I’m not inter­ested in get­ting involved in that.”

How­ever, Wired has repor­ted that “non-leth­al” weapons could be installed, to facil­it­ate crowd control.

There is also the oth­er side of the secur­ity coin to con­sider, of course.  If these drones are imple­men­ted in the skies of Bri­tain, how soon before some enter­pris­ing young “Al Qaeda” cadre cot­tons on to the idea that this could be an effect­ive way to launch an attack?  So much for all our won­der­fully effect­ive air­port secur­ity measures.

UK_Police_DronePlus, these little air­borne pests will prove to be a real haz­ard for oth­er air­craft, as has already been noted.

Des­pite all this, no wide­spread indig­na­tion has been voiced by the UK pop­u­la­tion.  When will the tip­ping point be reached about this incip­i­ent Orwellian nightmare?

But hope may be at hand.  A some­what frivol­ous art­icle appeared today, stat­ing that small spy drones will become the new paparazzi: Ver­sion 2.0, no doubt.

Per­haps, finally, we shall now see some mean­ing­ful oppos­i­tion to this encroach­ing Big Broth­er state. 

Once Bono, Sting, Saint Bob and the assembled celeb corps get on their high horses about their enshrined, fun­da­ment­al right to pri­vacy, it might finally become fash­ion­able to dis­cuss the very basic prin­ciples under­pin­ning our civilisation.….

.…you remem­ber, those fuddy-duddy ideas like the right to life, not to be tor­tured, not to be unlaw­fully imprisoned or kid­napped, free speech, fair tri­als, free con­science etc .…. oh, and pri­vacy of course!

Remember, remember the 5th of November.…

Annie_on_Conviction_DayNovem­ber 5th has long had many levels of res­on­ance for me: Bon­fire Night of course, when I was a child — fire­works in the garden and burnt baked pota­toes from the fire; since the age of sev­en, cel­eb­rat­ing the birth­day of my old­est friend; and, since 2002, the memory of hav­ing to stand up in the wit­ness stand in an Old Bailey court room in Lon­don to give a mit­ig­a­tion plea at the tri­al of my former part­ner, see­ing his sen­tence reduced from the expec­ted thir­teen months to a “mere” six, and then hav­ing to deal for weeks with the media fall-out.  A strange mix of memories.

Dav­id Shayler endured a “Kafkaesque tri­al” in 2002 in the sense that he was not allowed to make a defence due to gov­ern­ment-imposed gag­ging orders, des­pite all the rel­ev­ant mater­i­al already hav­ing been widely pubished in the media.  The issues were summed up well in this New States­man art­icle from that time. 

But the cur­rent debate about con­trol orders used against so-called ter­ror­ist sus­pects — my emphas­is — adds a whole new dimen­sion to the notori­ous phrase.

This recent, excel­lent art­icle in The Guard­i­an by law­yer Mat­thew Ryder about con­trol orders sums it up.  How can you defend a cli­ent if you are not even allowed access to the inform­a­tion that has led to the ori­gin­al accusation?

The Lib­er­al Demo­crats, in the run-up to the Gen­er­al Elec­tion earli­er this year, pledged to do away with con­trol orders, as they are an affront to the Brit­ish mod­el of justice.  How­ever, MI5 is put­ting up a strong defence for their reten­tion, but then they would, would­n’t they? 

Much of the “secret” evid­ence that leads to a con­trol order appears to come from tele­phone inter­cept, but why on earth can this evid­ence not be revealed in a court of law?  It’s not like the notion of tele­phone bug­ging is a state secret these days, as I argued in The Guard­i­an way back in 2005.

BirmsixBear­ing all of the above in mind, do have a read of this inter­view with Paddy Hill, one of the vic­tims of the notori­ous wrong­ful con­vic­tions for the IRA Birm­ing­ham pub bomb­ings in 1974.  After being arres­ted, threatened, tor­tured and trau­mat­ised, he was forced to con­fess to a ter­rible crime he had not committed. 

As a res­ult, he had to endure six­teen years in pris­on before his inno­cence was con­firmed.  He is still suf­fer­ing the con­sequences, des­pite hav­ing found the strength to set up the “Mis­car­riages of Justice Organ­isa­tion” to help oth­er victims.

And then have a think about wheth­er we should blindly trust the word of the secur­ity forces and the police when they state that we have to give away yet more of our hard-won freedoms and rights in the name of the ever-shift­ing, ever-neb­u­lous “war on terror”. 

Do we really need to hold ter­ror­ist sus­pects in police cells for 28 days without charge?  Will we really con­tin­ue to allow the head of MI6 to get away with blithely assert­ing, unchal­lenged, that Brit­ish intel­li­gence does its very best not to “bene­fit” from inform­a­tion extrac­ted via unthink­able tor­ture, as former UK ambas­sad­or Craig Mur­ray so graph­ic­ally described in his blog on 29th October?

I’ve said it before, and I shall say it again: the Uni­ver­sal Declar­a­tion of Human Rights was put in place for a reas­on in 1948.  Let’s all draw a breath, and remem­ber, remember.….

 

New York INN conference: How the world changed after 9/11

INNIn Septem­ber 2010 I was invited over to New York to speak at a tele­vised 2‑day sym­posi­um organ­ised by the inde­pend­ent TV and radio sta­tion Inter­na­tion­al News Net (INN).  The top­ic under dis­cus­sion was “How the world changed after 9/11”.

Speak­ers were invited from around the world to par­ti­cip­ate in pan­el dis­cus­sions focus­ing on dif­fer­ent areas that have been notice­ably degraded and cor­rup­ted since 9/11 in response to the end­less “war on ter­ror”: civil liber­ties, the rule of law, intel­li­gence, polit­ics, eco­nom­ics, and the media.  Some of the dis­cus­sions fea­tured aca­dem­ics, pro­fes­sion­als and sci­ent­ists ques­tion­ing the asser­tions of the offi­cial US gov­ern­ment account of 9/11 itself — the jus­ti­fic­a­tion for so many ensu­ing horrors.

NYC_Sept_2010_on stageI was on the same pan­el as Ray McGov­ern (army vet­er­an and long-time CIA ana­lyst), Coleen Row­ley (FBI whis­tleblower), and Dr Kath­er­ine Albrecht (digit­al pri­vacy cam­paign­er).  The title of the ses­sion was “Good­bye Fourth Amend­ment”.  As I poin­ted out at the begin­ning of my talk, at least the US has a writ­ten con­sti­tu­tion to shred — some­thing the UK nev­er quite man­aged to produce.…

Here’s the film of my ses­sion. DVDs of this and all oth­er pan­el dis­cus­sions are avail­able from INN.

Gestapo Past and Present

So last week I was on hol­i­day with my lovely Dutch­man in Cologne on the Rhine in Ger­many, a city steeped in his­tory and now chiefly fam­ous for its Goth­ic cathed­ral, widely reputed to be pretty much the last build­ing left stand­ing in the city at the end of WW2.  Eas­ily res­ist­ing both this reli­gious hot­spot and, with slightly more dif­fi­culty, the  siren calls of the brauerei, we decided on a bit of cul­ture, some museums and a stroll along the river. 

How­ever, it turns out that not one but two build­ings had sur­vived WW2 in their entirety.  Tucked away on a back­street, we found the second sur­viv­or: the Gestapo HQ, which had been pre­served as it was found at the end of the war to serve as a ghastly warn­ing to history. 

Gestapo_HQ2Well, as someone who reg­u­larly speaks at con­fer­ences across the world about human rights, total­it­ari­an­ism and encroach­ing police states, I felt I had to have a look.  The build­ing is a non­des­cript office block that looks per­fectly inno­cent from the out­side.  Three floors are open to the pub­lic.  On the first is the museum, with the his­tory of the rise to power of the Nazis.  It was hideously fas­cin­at­ing to read how freedoms and rights were incre­ment­ally eroded as the state slipped ever more from demo­cracy.  The major­ity of the Ger­man people went sleep-walk­ing into nation­al social­ism.  As soon as Hitler had any sort of polit­ic­al power his attack-dogs, the SS, used dis­pro­por­tion­ate, sud­den, and shock­ing viol­ence against Ger­many’s own cit­izens to crush any nas­cent res­ist­ance.  So from 1933 onwards the pop­u­la­tion was ter­ror­ised, as “undesir­ables” were routinely snatched from their homes for ques­tion­ing, tor­ture and imprisonment. 

Gestapo_HQ_Annie_2And the pro­pa­ganda in the media that was on dis­play.….  Shall I just say, even more unsubtle than that which is used against us today.  I sup­pose these dark arts have developed over the inter­ven­ing years.

MischaBut it was the lower floors that packed the strongest punch.  The base­ment, just below street level, held the cells — tiny, dank spaces where as many as 30 people had been her­ded togeth­er.  And the walls are covered in graf­fiti in all the lan­guages of Europe — sad, des­per­ate mes­sages to the future from people who were “dis­ap­peared”. They seemed to want to leave a record of the fact simply that they had exis­ted: they had loved, they missed their fam­il­ies, they were try­ing to hold their heads high des­pite the agon­ies inflic­ted daily, they were inno­cent, they were about to die.…..

Hold_your_head_highThere was one more level — the rein­forced rat hole deep under­ground, which served both as the air-raid shel­ter for the Gestapo officers (the pris­on­ers were left upstairs in their cells dur­ing the raids), and as the tor­ture rooms.  Con­sid­er­ately, the Gestapo car­ried out their most bru­tal inter­rog­a­tions under­ground, so that the screams could not be heard at street level.

As we emerged, some­what silent, from this museum, I noticed that we, and many oth­er vis­it­ors, all turned to stare at this build­ing: it looked so bland and innoc­u­ous from the out­side.  But then people would inspect the base­ment win­dows that hid the cells.  The smokers in the group all sparked up as soon as they were out­side, drag­ging hard on their cigar­ettes.  Oth­ers just stood silently. 

So the museum does its job.  It is a power­ful warn­ing from the grave.  Homo hom­ini lupus: man is wolf to man, ever has been and ever will be, absent adequate leg­al restraint.  This is why the Uni­ver­sal Declar­a­tion of Human Rights was put in place in 1948, to pre­vent such atro­cit­ies from hap­pen­ing again.

Yet, at the risk of sound­ing sen­ten­tious, such abuse is going on around the world right now, par­tic­u­larly in the cause of the end­less, neb­u­lous “war on ter­ror”.  We have been lazy, blind and fool­ish, let­ting our basic rights slide away.  People are dis­ap­peared, extraordin­ar­ily rendered, to for­eign pris­ons and tor­tured for years.  Assas­sin­a­tion lists have been drawn up by US intel­li­gence agen­cies; sus­pects face kangaroo, mil­it­ary-style courtrooms, where they face the death pen­alty but are not allowed to know the full case against them; our gov­ern­ments aggress­ively, illeg­ally, invade oth­er coun­tries, and yet the politi­cians who lie to take us into these wars, thereby caus­ing the need­less death, pois­on­ing, maim­ing and dis­place­ment of mil­lions of people, are not called to account for their crimes, as they should be under the Nurem­berg Prin­ciples, the Rome Stat­ute, and the Inter­na­tion­al Crim­in­al Court.

We, the cit­izens of still just-about-func­tion­ing demo­cra­cies, should be ashamed.  We need to re-remem­ber our his­tory and take a stand — before it’s too late.

Protest_and Resist

New Film by Ryan JW Smith

I had the pleas­ure recently of work­ing with a tal­en­ted film maker called Ryan JW Smith, and his partner/producer, Brianna. 

Bri­anna is an artist by train­ing, and also a mean hand at pro­du­cing. Ryan seems a bit of a renais­sance man — film maker, poet, writer, act­or.  In fact, he wrote a play called “New World Order” in, I believe, iambic pen­ta­met­er, and per­formed it to packed audi­ences at the Edin­burgh Fringe a couple of years ago, and recently had a short film called  “Army Strong” screened at a Pol­ish film festival.

Any­way, they are in the middle of mak­ing a fea­ture-length film about the post-apo­ca­lyptic, post‑9/11 world we all share — the lies of intel­li­gence and gov­ern­ment, the illeg­al wars, the erosion of our demo­crat­ic rights.  Just the sort of light mater­i­al that I like to work with — and cer­tainly what I think is of vital importance. 

I’m work­ing on help­ing to pro­mote the film later this year, and organ­ise some screen­ing tours for them across Europe and North America.

I think it’s going to be a very power­ful wake-up call to us all.  Watch this space for more news.

Here’s a trail­er Ryan and Bri­anna cut from my inter­views with them called “Using Her Intel­li­gence”.  I like:

From Russia with Love (to the USA)

I’ve been fol­low­ing with interest the retro, Cold War spy saga cur­rently unfold­ing in the USA.  The head­lines being that 10 alleged Rus­si­an sleep­ers (“illeg­als” in spy lingo) have been arres­ted by the FBI and are now charged with “work­ing as agents of a for­eign power”, which car­ries a sen­tence of five years in prison.

These Rus­si­an “illeg­als”, some of whom reportedly have been liv­ing openly as Rus­si­an immig­rants, some as oth­er for­eign nation­als, have allegedly been infilt­rat­ing the US since the mid-1990s, and were tasked to get friendly with Amer­ic­an power-brokers, to glean what inform­a­tion they could about the thoughts of the US great and the good about Rus­sia, Iran, defence plans etc.

Whatever the truth of this case, and the charges are detailed, I find the tim­ing and media atten­tion giv­en to this story inter­est­ing for three key reasons:

From what has been repor­ted of the court papers, the FBI invest­ig­a­tion has been going on for years.  Appar­ently they have known about the spy ring since 2000, and have included com­mu­nic­a­tions inter­cept mater­i­al in the indict­ment dat­ing from 2004 and 2008, as well as sting oper­a­tions from the begin­ning of this year.  So it’s curi­ous that the FBI decided to swoop now, in the imme­di­ate after­math of a suc­cess­ful and, by all accounts friendly, meet­ing between the Rus­si­an and Amer­ic­an pres­id­ents in Wash­ing­ton DC

Many people are com­ment­ing on this aspect of the tim­ing.  And, indeed, one might spec­u­late about wheels with­in wheels — it appears that there are still hard­line fac­tions with­in the US admin­is­tra­tion that want to ensure that a warm­er work­ing rela­tion­ship can­not devel­op between Rus­sia and the USA. A strategy of ten­sion is good for busi­ness – espe­cially com­pan­ies like Hal­libur­ton and Xe (formerly Black­wa­ter) which profit from build­ing vast US mil­it­ary bases in Cent­ral Asia.

But what also intrigues me is the pos­sible behind-the-scenes action. 

OurManInHavanaThis story is get­ting blanket media cov­er­age.  It’s a good, old-fash­ioned, Cold War-style coup, hit­ting all the jin­go­ist­ic spy but­tons, just at a time when the US spooks are under pres­sure about their per­form­ance in the neb­u­lous and ever-shift­ing “war on ter­ror”, the shred­ding of con­sti­tu­tion­al rights, the illeg­al sur­veil­lance of domest­ic polit­ic­al act­iv­ists, and com­pli­city in extraordin­ary rendi­tion and tor­ture. It’s a use­ful “remind­er” that the bloated US secur­ity infra­struc­ture is worth all the money it costs, des­pite the dire state of US nation­al fin­ances. Pure propaganda.

I’m also will­ing to bet that there is a more cov­ert aspect to this story too — some behind-the-scenes power play.  There are, at the last count, 17 acknow­ledged intel­li­gence agen­cies in the US, all com­pet­ing for prestige, power and resources.  By mak­ing these arrests, the FBI will see this as a step up in the spy peck­ing order.  It reminds me inev­it­ably (and per­haps flip­pantly) of the clas­sic spy nov­el by former intel­li­gence officer Gra­ham Greene, “Our Man in Havana”.  In this no doubt entirely fic­tion­al work, a Brit­ish MI6 asset invents a spy ring to increase his stand­ing and fund­ing from Lon­don HQ.

Also curi­ous is the role played by one Chris­toph­er Met­sos, allegedly the 11th man, not ini­tially arres­ted, who is repor­ted to have passed money to the spy ring.  He was caught yes­ter­day in Cyprus try­ing to board a plane to Hun­gary, and inex­plic­ably gran­ted bail — inex­plic­able at least to the Greek police, who always worry that their sus­pect will flee over the bor­der into the Turk­ish seg­ment of the island, nev­er to be seen again.  And this has indeed happened, accord­ing to The Guard­i­an news­pa­per this even­ing. Per­haps he has some urgent appoint­ments to sell vacu­um clean­ers north of the border.….

 

US Intelligence targets Wikileaks

WikileaksThe US gov­ern­ment has appar­ently been get­ting its knick­ers in a twist about the excel­lent Wikileaks web­site.  A report writ­ten in 2008 by US army counter-intel­li­gence ana­lys­ing the threat posed by this haven for whis­tleblowers has been leaked to, you’ve guessed it, the very sub­ject of the report.

Wikileaks was set up three years ago to provide a secure space for prin­cipled whis­tleblowers around the world to expose cor­rup­tion and crimes com­mit­ted by our gov­ern­ments, intel­li­gence agen­cies and mega-cor­por­a­tions.  The site takes great care to veri­fy the inform­a­tion it pub­lishes, adheres to the prin­ciple of expos­ing inform­a­tion very much in the pub­lic interest, and vig­or­ously pro­tects the identi­fy of its sources.

By doing so, Wikileaks plays a vital part in inform­ing cit­izens of what is being done (often illeg­ally) in their name.  This free flow of inform­a­tion is vital in a democracy.

Well, no gov­ern­ment likes a clued-up and crit­ic­al cit­izenry, nor does it like to have trans­par­ency and account­ab­il­ity imposed on it.  Which led to the report in question.

As I have writ­ten before ad nauseam, whis­tleblowers provide an essen­tial func­tion to the healthy work­ing of a demo­cracy.  The simplist­ic approach would be to say that if gov­ern­ments, spies and big cor­por­a­tions obeyed the law, there would be no need for whis­tleblowers.  How­ever, back in the real, post‑9/11 world, with its end­less, neb­u­lous “war on ter­ror”, illeg­al wars, tor­ture, extraordin­ary rendi­tion and Big Broth­er sur­veil­lance, we have nev­er had great­er need of them.

Rather than ensur­ing the highest stand­ards of leg­al­ity and prob­ity in pub­lic life, it is far sim­pler for the powers that be to demon­ise the whis­tleblower — a fig­ure who is now (accord­ing to the Exec­ut­ive Sum­mary of the report) appar­ently seen as the “insider threat”.  We are look­ing at a nas­cent McCarthy­ism here.  It echoes the increas­ing use by our gov­ern­ments of the term “domest­ic extrem­ists” when they are talk­ing about act­iv­ists and protesters.

There are laws to pro­tect whis­tleblowers in most areas of work now.  In the UK we have the Pub­lic Interest Dis­clos­ure Act (1998).  How­ever, gov­ern­ment, mil­it­ary, and espe­cially intel­li­gence pro­fes­sion­als are denied this pro­tec­tion, des­pite the fact that they are most often the very people to wit­ness the most hein­ous state abuses, crimes and cor­rup­tion.  If they try to do some­thing about this, they are also the people most likely to be pro­sec­uted and per­se­cuted for fol­low­ing their con­sciences, as I described in a talk at the CCC in Ber­lin a couple of years ago.

Ideally, such whis­tleblowers need a pro­tec­ted leg­al chan­nel through which to report crimes, with the con­fid­ence that these will be prop­erly invest­ig­ated and the per­pet­rat­ors held to account.  Fail­ing that, sites like Wikileaks offer an invalu­able resource.  As I said last sum­mer at the Hack­ing at Ran­dom fest­iv­al in NL, when I had the pleas­ure of shar­ing a stage with Wikileaks founder Juli­an Assange, I just wish that the organ­isa­tion had exis­ted a dec­ade earli­er to help with my own whis­tleblow­ing exploits.

The Offi­cial Secrets Act (1989) in the UK, is draf­ted to stifle whis­tleblowers rather than pro­tect real secrets.  Such laws are routinely used to cov­er up the mis­takes, embar­rass­ment and crimes of spies and gov­ern­ments, rather than to pro­tect nation­al secur­ity.  After all, even the spooks acknow­ledge that there are only three cat­egor­ies of intel­li­gence that abso­lutely require pro­tec­tion: sens­it­ive oper­a­tion­al tech­niques, agent iden­tit­ies and ongo­ing operations.

This US counter-intel­li­gence report is already 2 years old, and its strategy for dis­cred­it­ing Wikileaks (by expos­ing one of their sources pour encour­ager les autres) has, to date, mani­festly failed. Cred­it is due to the Wikileaks team in out-think­ing and tech­no­lo­gic­ally out­pa­cing the intel­li­gence com­munity, and is a ringing endorse­ment for the whole open source philosophy.

I’ve said this before, and I shall say it again: as our coun­tries evolve ever more into sur­veil­lance soci­et­ies, with big broth­er data­bases, CCTV, bio­met­ric data, police drones, vot­ing com­puters et al, geeks may be our best (and last?) defence against emer­ging Big Broth­er states.

Vers la Verite, Paris, October 2009

VV_Graphic_Paris_2009So the Vers la Ver­ite events in Par­is earli­er this month were a great suc­cess.  I’ve organ­ised a few inter­na­tion­al tours and events in my time, but this was one of the most con­cen­trated series of dif­fer­ent hap­pen­ings I’ve been involved in.  Thanks go to Debora Blake for all her work in situ in Par­is, and also to the ReOpen posse, who offered a lot of prac­tic­al sup­port and were major spon­sors of the weekend.

Vers la Ver­ite was a gath­er­ing of cam­paign­ers and act­iv­ists from across Europe and North Amer­ica, who met to dis­cuss “geo­pol­it­ic­ally incor­rect issues” (as Debora likes to call them!), such as the illeg­al wars in the Middle East, media spin, intel­li­gence manip­u­la­tion, the erosion of our civil liber­ties in the name of the unend­ing “war on ter­ror” — and the need for a new, inde­pend­ent enquiry into the tra­gic events of 9/11, the nex­us of so many of these issues.  It was fant­ast­ic to see so many old and new friends in Par­is — what a show of com­mit­ment to mak­ing the world a safer and more equit­able place.  It gave me hope.

Speakers_Paris_2009We were also priv­ileged to have cam­paign­ers of the cal­ibre of the 2008 US Green Party pres­id­en­tial can­did­ate Con­gress­wo­man Cyn­thia McKin­ney, journ­al­ist and  recent MEP Giuli­etto Chiesa, Pro­fess­or Niels Har­rit of Copen­ha­gen Uni­ver­sity, and French act­or and dir­ect­or Math­ieu Kas­so­vitz at the events. 

Press_Conference_Paris_2009The week­end star­ted with a press con­fer­ence on Fri­day 9th Octo­ber at the Mair­ie of the 2nd arron­disse­ment in Par­is, kindly hos­ted by the May­or, him­self a Green Party politician.

Procope_Paris_2009In the even­ing, while the act­iv­ists met up at the all-night water­ing hole, Café L’Et­in­celle on the Rue de Rivoli, Cyn­thia was the guest of hon­our at a spon­sors’ din­ner at the fam­ous Le Pro­cope bras­ser­ie.  This is the old­est res­taur­ant in Par­is, and has hos­ted Ben­jamin Frank­lin (who reputedly worked on the draft of the Amer­ic­an Con­sti­tu­tion there), as well as Voltaire.

Brunch_Paris_2009The Sat­urday was the main day of events, start­ing with a light lunch for  inter­na­tion­al act­iv­ists at Les Halles des Olivi­ers at La Bel­levil­loise, with impromptu music from Dr Jazzz.  In the after­noon we con­vened for a plan­ning ses­sion, fol­lowed in the even­ing by a pub­lic meet­ing.  Debora ably hos­ted the event with Cyn­thia McKin­ney, Giuli­etto Chiesa and Niels Har­rit and myself as the speak­ers, dis­cuss­ing dif­fer­ent aspects of gov­ern­ment cov­er-ups and lack of account­ab­il­ity, all drawn from our own exper­i­ences.  The film “Zero”, dir­ec­ted by Giuli­etto Chiesa, was screened, as well as excerpts from “Amer­ic­an Black­out” fea­tur­ing Cyn­thia, and the work of won­der­ful French comedi­an and cam­paign­er, Jean Mar­ie Bigard.

Kassovitz_Paris_2009A sur­prise and very wel­come attendee was Math­ieu Kas­so­vitz, who suc­cess­fully bid in the auc­tion for the col­lect­or’s edi­tion of the excel­lent “Glob­al Out­look” research pub­lic­a­tion, signed by Cynthia.

The week­end wrapped up with a demo on Sunday morn­ing, march­ing from Place de la Repub­lique to Place Bastille — two res­on­ant loc­a­tions — before an inform­al farewell Parisi­an lunch.

It was fant­ast­ic to meet so many inspir­ing people, who are com­mit­ted to chan­ging the world for the bet­ter. Thank you all for tak­ing the time and trouble to get to Par­is for the
week­end  — it was great to see so many old and new friends! 

And thanks once again to Debora, AtMoh, Marc, Jean Marc, Chris­tophe (x2!), Arno and the rest of the Par­is posse. Also to Cyn­thia, Giuli­etto and Niels for their pro­fes­sion­al­ism, ded­ic­a­tion and sheer joy, all in the face of adversity.