Can the product of bugs be used as court evidence in the UK?

Black_sheep?_textAn inter­est­ing story on Chan­nel 4 TV news today: four Lon­don police officers are being pro­sec­uted for beat­ing up Babar Ahmad in 2003 while arrest­ing him on sus­pi­cion of ter­ror­ism charges.  And it turns out that the key evid­ence for the pro­sec­u­tion comes not from Ahmad’s com­plaint, nor from pho­to­graphs of his injur­ies, but from the product of an eaves­drop­ping device, more com­monly known as a bug, planted in his home by the UK Secur­ity Ser­vice, MI5.

It’s inter­est­ing in itself that MI5 has released this inform­a­tion for court pro­ceed­ings against Met counter-ter­ror­ism officers.  I shall res­ist spec­u­lat­ing now, but shall be watch­ing devel­op­ments with interest.

But the point I want to make quickly today is about the use of inter­cept mater­i­al as leg­al evid­ence in UK courts.  This can poten­tially be cru­cial for law­yers when speak­ing to their cli­ents, journ­al­ists who wish to pro­tect their sources, polticial act­iv­ists, and those who simply wish to pro­tect their inher­ent right to pri­vacy as the encroach­ing elec­tron­ic sur­veil­lance state con­tin­ues to swell.

It can also be poten­tially use­ful inform­a­tion for MPs talk­ing to their con­stitu­ents.  Indeed, return­ing to the years-long case of Babar Ahmad, there was a media furore in 2008 when it was revealed that the Met had author­ised the bug­ging of his con­ver­sa­tions with his MP Sad­iq Khan dur­ing pris­on visits. 

And who was the com­mand­ing officer who author­ised this?  Step for­ward former Met Counter Ter­ror­ism supremo, Andy Hay­man, that much esteemed defend­er of Brit­ish civil liber­ties who recently sug­ges­ted “dawn raids” and “snatch squads ” be used against polit­ic­al activists.

Unlike most oth­er west­ern coun­tries, the UK does not allow the use of tele­phone inter­cept as evid­ence in a court of law.  As I’ve writ­ten before, it’s a hangover from the cold war spy­ing game.  MI5 has tra­di­tion­ally seen phone taps as a source of intel­li­gence, not evid­ence, des­pite the fact that much of their work is notion­ally more evid­en­tially based in the 21st cen­tury.  It also still remains a sub­ject of debate and a fiercely fought rear­gard action by the spies them­selves, who claim telecheck is a “sens­it­ive technique”. 

As if we don’t all know that our phones can be bugged.….

How­ever, eaves­drop­ping devices that are planted in your prop­erty — your home, your office, even your car — can indeed pro­duce evid­ence that can be used against you in a court of law.   All this requires a Home Office War­rant (HOW) to make it leg­al, but Home Sec­ret­ar­ies are tra­di­tion­ally reluct­ant to refuse a request in the interests of “nation­al secur­ity”.  Moreover, if the own­er of the prop­erty agrees to a bug, even without a HOW, they can be leg­ally used.  So if you live in ren­ted accom­mod­a­tion, befriend your landlord!

Not a lot of people know all that — but we should. 

My article about the role of the spies, The Guardian, 24 January 2011

Annie_1_Heleen_Banner Here’s a link to my art­icle in The Guard­i­an today, explor­ing the con­fused roles of mod­ern Brit­ish spies, and look­ing at some ways to sort out the mess.  Both the police and the spooks seem to be hav­ing a bit of an iden­tity crisis at the moment…

 

Are envir­on­ment­al act­iv­ists really a spy­ing priority?

Rev­el­a­tions about police­men spy­ing on envir­on­ment­al act­iv­ists sug­gest we need a sense of per­spect­ive on threats to the nation.

The cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cov­er police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cov­er cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

It should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing seni­or police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. Acpo set up the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­ist­ic demo­crat­ic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

The core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

The spies and Libya — time to dust off their conscience

As I’ve men­tioned before, the former heads of UK intel­li­gence agen­cies have a charm­ing habit of speak­ing out in sup­port of the rule of law, civil liber­ties, pro­por­tion­al­ity and plain com­mon sense — but usu­ally only after they have retired. 

Per­haps at their leav­ing parties their con­sciences are extrac­ted from the secur­ity safe, dus­ted off and giv­en back  — along with the gold watch?

DearloveEven then, post-retire­ment, they might try to thrice-deny poten­tially world-chan­ging inform­a­tion, as Sir Richard Dear­love did when ques­tioned by the fear­less and fear­somely bright Silkie Carlo about the leaked Down­ing Street Memo at his recent speech at the Cam­bridge Uni­on.  (The links are in two parts, as the film had to be mirrored on You­tube — Dear­love claimed copy­right on the orgin­al Love Police film and had it taken down.)

And “out of con­text”, my left foot — he could poten­tially have saved mil­lions of lives in the Middle East if he’d gone pub­lic with his con­sidered pro­fes­sion­al opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy in the run-up to the inva­sion of Iraq.

Would­n’t it be lovely if these esteemed ser­vants of the state, replete with respect, status and hon­ours, could actu­ally take a stand while they are still in a pos­i­tion to influ­ence world events?

Eliza_Manningham_BullerMy former boss, Bar­on­ess Eliza Man­ning­ham-Buller, has been unusu­ally voci­fer­ous since her retire­ment in 2007 and elev­a­tion to the peer­age.  She used her maid­en speech to the House of Lords to object to the pro­posed plans to increase police deten­tion of ter­ror­ist sus­pects without charge from 28 to 42 days; she recently sug­ges­ted that the “war on ter­ror” is unwinnable and that we should, if pos­sible, nego­ti­ate with “Al Qaeda” (well, it worked with the Pro­vi­sion­al IRA); and that the “war on drugs” had been lost and the UK should treat recre­ation­al drug use as a health rather than a crim­in­al issue. She steals all my best lines.…

But cred­it where cred­it is due.  Des­pite the fact that she used the full power of the Brit­ish state to pur­sue ter­ror­ist sus­pects up until 2007 and invest­ig­ate drug bar­ons in the 1990s, she did appar­ently try to make a stand while en poste in the run-up to the Iraq War.  Last year she gave evid­ence to the Chil­cot Enquiry, stat­ing that she had offi­cially briefed the gov­ern­ment that an inva­sion of Iraq would increase the ter­ror­ist threat to the UK.

So it’s obvi­ous that once a UK Prime Min­is­ter has come over all Churchil­lian he tends to ignore the coun­sel of his chief spooks, as we’ve seen with both the Down­ing Street Memo the Chil­cot Enquiry. 

With that in mind, I’ve read with interest the recent press reports that the UK author­it­ies appar­ently knew about Col­on­el Gad­dafi retain­ing stock­piles of mus­tard gas and sar­in (des­pite the fact that the world was assured in 2004 that it was his renun­ci­ation of WMDs that allowed him back into the inter­na­tion­al dip­lo­mat­ic fold) . 

So the key ques­tion is surely: is this anoth­er erro­neous45 minutes from attack” moment, with Gad­dafi’s alleged stock­piles of WMD a per­fect scare­mon­ger­ing pre­text to push for a full-on régime change in Libya; or is this genu­ine, and we were all lied to about Gad­dafi’s destruc­tion of his WMD stock­piles for eco­nom­ic advant­age and fat, juicy oil contracts?

The Wall Street Journ­al recently ran an art­icle quot­ing the con­cern of “gov­ern­ment insiders” about Gad­dafi’s poten­tial future ter­ror­ism threat against the West, up to and includ­ing WMDs, should he cling on to power.  Well, yes, it would hardly be sur­pris­ing if he were now to be as mad as a wasp with his ex-new best bud­dies.  Des­pite the sor­did rap­proche­ment in the last dec­ade, he has been for much of his life an invet­er­ate enemy of the West and spon­sor of world­wide terrorism.

Rather than wait­ing for his “K” and his retire­ment, would it not be won­der­ful if the cur­rent head of MI5, Jonath­an Evans, could extract his con­science from that dusty secur­ity safe and make a use­ful and informed state­ment to shed some light on the mess that the Liby­an war is rap­idly becom­ing?  He could poten­tially change the course of world his­tory and save untold lives.

UK spies continue to lie about torture

Jonathan_EvansWhat a dif­fer­ence a year makes in the may­fly minds of the old media. 

In Feb­ru­ary 2010 The Guard­i­an’s res­id­ent spook watch­er, Richard Norton-Taylor, repor­ted that the serving head of MI5, Jonath­an Evans, had been forced in 2008 to con­fess to the cred­u­lous and com­pli­ant Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment that the spies had lied, yet again, about their com­pli­city in torture.

This con­fes­sion came shortly after the ISC had released its “author­it­at­ive” report about rendi­tion and tor­ture, assert­ing that there had been no such com­pli­city.  How did the ISC get this so utterly wrong?

It turns out that in 2006 Bar­on­ess Eliza Man­ning­ham-Buller, Evans’s pre­de­cessor in the MI5 hot-seat, had misled the ISC about MI5’s aware­ness of the use of tor­ture against ter­ror­ist sus­pects, par­tic­u­larly the hap­less Binyam Mohamed, whose case was wend­ing its way through the Brit­ish courts.  Bul­ly­ing-Man­ner (as she is known in the cor­ridors of power) appears to have been cov­er­ing up for her pre­de­cessor, Sir Steph­en Lander, who was quoted in The Tele­graph in March 2001 as say­ing “I blanche at some of the things I declined to tell the com­mit­tee [ISC] early on”.….

MusharrafBut Evans had to come clean to the ISC because of the Mohamed court case, and Norton-Taylor wrote, by the Grauny’s stand­ards, his fairly hard-hit­ting art­icle last year. 

Yes­ter­day, how­ever, he seems to be back-track­ing frantic­ally.  Fol­low­ing an inter­view by the BBC with former Pakistani Pres­id­ent Per­vez Mush­ar­raf appear­ing to con­firm that MI5 did indeed turn a blind eye to the use of tor­ture, Richard Norton-Taylor and oth­er mem­bers of our esteemed Fourth Estate are once again quot­ing Bar­on­ess Man­ning­ham-Buller­’s dicred­ited li(n)es to the ISC as gos­pel truth, and for­get­ing both the serving head of MI5’s unavoid­able con­fes­sion and the evid­ence from the Mohamed court case itself.

The ISC was put in place fol­low­ing the 1994 Intel­li­gence Ser­vices Act as a demo­crat­ic fig-leaf: it is not a fully-func­tion­ing, inde­pend­ent over­sight com­mit­tee, as it is only able to report on mat­ters of spy policy, fin­ance and admin­is­tra­tion.  It has no powers to invest­ig­ate prop­erly alleg­a­tions of crime, tor­ture or oper­a­tion­al incom­pet­ence, is unable to demand doc­u­ments or inter­view wit­nesses under oath, and is appoin­ted by and answer­able only to the Prime Min­is­ter.  It has been lied to by the spies and seni­or police time and time again — the very people it notion­ally over­sees.  As I have writ­ten before, the ISC has since its incep­tion failed to address many key intel­li­gence mat­ters of the day, instead spend­ing its time nit­pick­ing over details.

In the face of this utter lack of intel­li­gence account­ab­il­ity and trans­par­ency, is it any won­der that sites like Wikileaks have caught the pub­lic’s ima­gin­a­tion?  Wikileaks is an obvi­ous and neces­sary reac­tion to the endem­ic secrecy, gov­ern­ment­al back-scratch­ing and cov­er-ups that are not only wrong in prin­ciple in a notion­al demo­cracy, but have also res­ul­ted dir­ectly in illeg­al wars, tor­ture and the erosion of our tra­di­tion­al freedoms.

BBC article: could 7/7 have been prevented?

Peter Taylor, a respec­ted journ­al­ist at the BBC, argues that if there had been more coöper­a­tion between MI5 and region­al police Spe­cial Branches, then the 7/7 bomb­ings in Lon­don in 2005 could have been pre­ven­ted.  His thes­is appears to be that MI5 did not work closely enough with the police (the exec­ut­ive branch) of the UK’s intel­li­gence com­munity: the aptly-named Oper­a­tion Crevice has exposed the cracks in the uni­fied pub­lic façade of the UK intel­li­gence community.

How­ever, Taylor assures us that this prob­lem is in the past, with MI5 officers and Spe­cial Branch police now hap­pily work­ing side by side in region­al offices across the UK.  So that’s OK then.

It con­tin­ues to sur­prise me that seasoned Brit­ish journ­al­ists repeatedly fall into the post‑9/11 group-think of the USA — that ter­ror­ism is a new phe­nomen­on.  Rather start­lingly, Taylor’s art­icle even asserts that the FBI had the Crevice inform­a­tion in real-time, while the West Yorks SB was left in the dark.

Those in the UK with a memory longer than a may­fly’s will be aware that this coun­try endured 30 years of Irish Repub­lic­an ter­ror­ism, and dur­ing the 1990s MI5 had lead respons­ib­il­ity for invest­ig­at­ing this threat.  So from 1993 the spooks did indeed work side-by-side with their region­al SB counter-parts across the coun­try.  Dur­ing this peri­od the emphas­is was on gath­er­ing both intel­li­gence to pre-empt­ively thwart ter­ror­ist plots and also evid­ence to use in the ensu­ing court cases.  And there were some not­able successes.

So what changed in the fol­low­ing dec­ade?  Did the spooks retreat back behind the bar­ri­cades of their Lon­don HQ, Thames House, as the ink dried on the Good Fri­day Agree­ment?  Were the hard-won les­sons of the 1990s so quickly forgotten?

Well, cer­tainly oth­er les­sons from the civil war in Nort­ern Ire­land appear to have been expunged from the col­lect­ive intel­li­gence memory.  For example, the use of tor­ture, mil­it­ary tribunals, intern­ment and curfews were all used extens­ively in the early years of the NI con­flict and all were spec­tac­u­larly counter-pro­duct­ive, act­ing as a recruit­ing ground for new gen­er­a­tions of ter­ror­ists.  Yet these prac­tices now once again appear to be impli­citly con­doned by MI5 and MI6 in the USA’s bru­tal “war on terror”.

So one would hope that this new BBC pro­gramme calls for a reapprais­al of our intel­li­gence infra­struc­ture.  Why should we mind­lessly con­tin­ue to accept the status quo, when this res­ults in les­sons being for­got­ten and mis­takes being repeated?  How about the BBC call­ing for a root and branch review of the threats the UK real­ist­ic­ally faces, and the most efeect­ive way to guard against them, while work­ing with­in the demo­crat­ic process?

 

 

Cambridge Union Society Talk on PSTV, January 2011

Paradigm Shift TV (Sky 201 and 203)  pro­duced this film of my talk at the Cam­bridge Uni­on Soci­ety in Janu­ary 2011:


With thanks to Keith and Steve!

Durham Union Society Talk, 16 February 2011

DUS_logo It’s a busy couple of months for talks, and I have the pleas­ure of speak­ing at the Durham Uni­on Soci­ety tomor­row night (16th February).

My talk will be focus­ing on the mod­ern role of intel­li­gence agen­cies, the war on ter­ror, what it’s like to be recruited to work as a spook, whis­tleblow­ing, Wikileaks, police states and civil liber­ties.  An eclect­ic mix.

The talk is open to all stu­dents, not just mem­bers of the Uni­on, so if you’re in the area and have the time, do come along!

Varsity newspaper interview, February 2011

The Secret Ser­vice: “A very Brit­ish mess”

Olivia Crel­lin inter­rog­ates Annie Machon on her life after MI5

by Olivia Crellin

Thursday 3rd Feb­ru­ary 2011

Annie Machon, former MI5 agent, is the image of glam­our and guts. Her blonde hair, of the bomb­shell vari­ety, frames a face that, far from being that of the reserved and stealthy spook, exudes energy, enthu­si­asm, and openness.

Andrew_Griffin_Varsity_Newspaper_2011Unlike her former part­ner, the whis­tleblower Dav­id Shayler, Machon seems to have emerged rel­at­ively unscathed from the years imme­di­ately fol­low­ing the couple’s attempts to reveal ser­i­ous MI5 blun­ders in 1996.

Now work­ing as a self-pro­fessed “author, media pun­dit, journ­al­ist, cam­paign­er and prom­in­ent pub­lic speak­er”, she has made a “new way of life” out of selling her­self, her past, and her story. And she’s doing a good job.

Machon, who stud­ied Clas­sics at Cam­bridge, is the most recent in a long line of fam­ous spies to have emerged from the Uni­ver­sity – most not­ably the Cam­bridge Spies who defec­ted to the Rus­si­ans dur­ing the Cold War.

Best known for her whistle-blow­ing on issues such as MI5’s alleged involve­ment in the attemp­ted assas­sin­a­tion on Gad­dafi, Machon is an oft-con­sul­ted expert on cur­rent affairs top­ics such as Wikileaks, the infilt­ra­tion of act­iv­ist groups, and the 9/11 Truth Move­ment, cri­tiquing what she sees as con­tem­por­ary society’s des­cent into a “police state”.

Com­ment­ing on the “very Brit­ish mess” that is the cur­rent UK Intel­li­gence Ser­vices, Machon’s answers to my ques­tions blend per­son­al anec­dote with hard-hit­ting asser­tions. She sounds con­vin­cing. Des­pite no longer hav­ing any insider inform­a­tion, she still has plenty to say.

Recruited dur­ing the “mar­gin­ally golden eth­ic­al era” of the 1990s, Machon’s exper­i­ence of MI5 was nev­er­the­less riddled with anti­qua­tion, con­fu­sion, insu­lar­ity and suffocation.

Draw­ing atten­tion to MI5 and MI6’s “cul­ture of just-fol­low-orders”, an eth­os that former head of MI5 Dame Stella Rim­ing­ton also acknow­ledged, Machon believes that the UK Intel­li­gence Ser­vices have, for a long time, been their own worst enemy.

Entrenched in unne­ces­sary laws, a “hangover” from the organisation’s counter-espi­on­age ori­gins, Machon states that until the spooks “open up a little bit to con­struct­ive cri­ti­cism from the oth­er side, so that [MI5] can get a bit of fresh air, they’re going to spir­al down into… tor­ture and things.”

While Machon asserts that there was no use of tor­ture in her time with the agency – it was con­sidered “counter-pro­duct­ive” and “uneth­ic­al” – she did hear some hor­ror stor­ies from the older boys’ exper­i­ence in North­ern Ire­land includ­ing one case con­cern­ing an agent, code­named Steak Knife, who was per­mit­ted to tor­ture and even kill his fel­low intel­li­gence officers in order to keep his cov­er in the “Nut­ting Squad” of the IRA – “A sick James Bond got­ten out of hand.”

Machon refers to these stor­ies as “a sort of petri dish of the abuses that we are see­ing now with the Muslim com­munity”. Just as the trend to tar­get one group of soci­ety returns, the use of tor­ture, as exper­i­enced in Ire­land, comes full circle. “It makes me shiver,” Machon tells me, “that people who were per­haps my friends, ideal­ist­ic twenty-somethings when I was an officer, who I might’ve had drinks with, had din­ner with, whatever, might be those people now.”

While there seems to be a “demo­crat­ic will” to get rid of “some of the more Dra­coni­an laws from under the last gov­ern­ment”, Machon believes that instances such as Mark Kennedy’s under­cov­er infilt­ra­tion of an act­iv­ist group demands soci­ety to take a closer look at the ways in which we pro­tect nation­al secur­ity. “Once you start erod­ing someone’s civil liber­ties on one front, it’ll cas­cade. That’s how Ger­many found itself in a Fas­cist state in the 1930s,” the former-spy asserts. “They didn’t wake up one morn­ing and Hitler was in power. It’s a very slip­pery slope.” This is why Machon, above all oth­er issues, is call­ing for an “adult debate” about the work­ings of Secret Intel­li­gence in a “mature democracy”.

One organ­iz­a­tion that Machon sees as con­trib­ut­ing to this debate is Wikileaks. Machon praised this form of new media, call­ing it “fant­ast­ic” as a “high-tech con­duit to enable whis­tleblowers” in con­trast to the “self-cen­sor­ship and fear” of the main­stream press, which blocks the flow of such inform­a­tion to the public.

Machon advised stu­dents at the Cam­bridge Uni­on to find altern­at­ive sources of inform­a­tion for their news, cit­ing coun­tries’ decept­ive use of false-flag ter­ror­ism. “I’m not say­ing that every major ter­ror­ist atro­city might be a dirty trick, but you have to keep that pos­sib­il­ity in the back of your mind,” she warned.

It’s all about a sort of breach of trust,” Machon con­cludes, which is “cor­ros­ive for a demo­cracy.” Wheth­er it’s an issue like 9/11, or the bail­ing out of the banks or the war in Iraq, Machon asserts that the erosion of civil liber­ties is finally for­cing soci­ety to “become demo­crat­ic­ally engaged again, which can­not be bad.”

In many ways Annie Machon is serving her coun­try as stealth­ily and determ­inedly as if she had nev­er left MI5. Tak­ing the “same sort of fun­da­ment­al drive to try and make a dif­fer­ence, to try and change things for the bet­ter,” into this new arena of her work, she hands me a red-and-black busi­ness card with her shades-tot­ing self on it and the phrase “Using Our Intel­li­gence” emblazoned on the front.

There’s always the debate,” she tells me cryptic­ally, “is it bet­ter to be inside the tent piss­ing out or out­side the tent piss­ing in?”

Cambridge Union Society, 28th January 2011

CUS_3Well I had a fab time revis­it­ing the old place last week to do a talk at the Uni­on Soci­ety — some­where I spent many happy hours, oh, aeons ago!

Many thanks to Rebecca and the rest of the team for organ­ising and host­ing the event, and to Silkie for set­ting the whole ball rolling.

It was a busy week­end.  The Fri­day even­ing began with an all-too-brief appear­ance at the first meet­ing of a new group, MI7 — can I say that, or is it a state secret? — organ­ised by Silkie and Charlie Veitch of the Love Police

CUS_1It was strange to go back to the Uni­on as a speak­er after so long and so many unusu­al exper­i­ences.  The audi­ence seemed to stay wide awake for my hour-long talk, and the ques­tions after­wards were inter­est­ing, lively and var­ied.  I was also encour­aged to see that ideas deemed to be “rad­ic­al” only a few years ago are now going mainstream.

The next day was taken up with inter­views for The Cam­bridge Stu­dent and Varsity stu­dent news­pa­pers, Sky 203 Chan­nel,  and a photo shoot with QH Pho­to­graphy for a gal­lery exhib­i­tion in Lon­don later this year.

The Cam­bridge Stu­dent journ­al­ists gamely allowed the inter­view to be film by Sky 203 — not the easi­est of scenarios.

Varsity” news­pa­per did a col­our­ful and intel­li­gent inter­view — thanks Olivia! — which was rap­idly fol­lowed on the news­pa­per web­site today with this puff piece about MI6

I can only assume that this is merely bal­anced news report­ing, espe­cially as the Mas­ter of Pem­broke Col­lege, Chair of the Trust­ee Board of the Uni­on Soci­ety, and former head of MI6, Sir Richard Dear­love, will be speak­ing at the Uni­on in a couple of weeks.…. 

Cambridge_1Cer­tainly an inter­est­ing juxtaposition!

The photo shoot was fun, and the res­ults will be appear­ing in Lon­don at the end of this year.  As you can see from the photo on the left, Huy takes a mean picture.

I also ran into Ryan J‑W Smith, who is in the pro­cess of com­plet­ing his intriguing film, 2Plus2Makes4.  Lim­ited private and fest­iv­al screen­ings are expec­ted this summer.

The film syn­op­sis asks some fun­da­ment­al questions:

How close are we to slid­ing into Orwell’s total­it­ari­an night­mare, ‘1984’? Con­tro­ver­sial, shock­ing, power­ful and hon­est — star­ring Tony Benn, Gore Vid­al, former MI5, CIA, FBI agents, Sen­at­ors, Pres­id­en­tial Nom­in­ees, etc.  A ‘Must-See’ fea­ture doc­u­ment­ary from award-win­ning film­maker, Ryan J‑W Smith. Smith’s pre­vi­ous films have received 16 Inter­na­tion­al Film Fest­iv­al Selec­tions, 5 ‘Best Film’ Nom­in­a­tions, and 4 ‘Best Film’ wins.”

Bits of Freedom Talk, Amsterdam, September 2010

Bof2 Bof3 I was invited to talk at a gath­er­ing of the (digit­al) civil liber­ties organ­isa­tion, Bits of Free­dom, in Ams­ter­dam in Septem­ber 2010.  This inter­na­tion­al, Dutch-based organ­isa­tion is doing a fant­ast­ic job high­light­ing con­cerns about inter­net pri­vacy, secur­ity and free speech issues. 

Many thanks to Ot and the team for invit­ing me, and thanks also to Jildou for film­ing the talk.  I had such a fun time, I even feel moved to for­give BoF for their thought­ful gift at the end of the even­ing — Tony Blair’s riv­et­ing auto­bi­o­graphy.  Well, it makes a good door-stop.….

 

 

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.

Sunday Telegraph Article, August 2010

Below is text of an art­icle I wrote, pub­lished in The Sunday Tele­graph a while ago about what it’s actu­ally like to enter the won­der­ful world of spy­ing (just in case it’s ever air­brushed out of history!):

My so-called life as a spy”

Spies have always loved liv­ing in Pimlico: a civ­il­ised area in cent­ral Lon­don, handy for strolling to the office, and won­der­fully con­veni­ent for that mid­night dash to work if your oper­a­tion sud­denly goes live. Plus, the loc­al pubs are pretty good for the cus­tom­ary after-work moan.

Pimlico_flatI lived there myself when I worked as an intel­li­gence officer for MI5 in the 1990s, so the murder of Gareth Wil­li­ams in a nearby street gave me a bit of a jolt. While his death remains shrouded in mys­tery, what has been repor­ted of his life sounds like clas­sic GCHQ.

There are dis­tinct cul­tures with­in each of the three major UK spy agen­cies: MI5, the UK domest­ic secur­ity ser­vice; MI6, the over­seas intel­li­gence organ­isa­tion; and GCHQ, the Gov­ern­ment Com­mu­nic­a­tions HQ.

MI6 officers, as people who may have to work inde­pend­ently and under­cov­er abroad, tend to be con­fid­ent, indi­vidu­al­ist­ic and “eth­ic­ally flex­ible”, while MI5 officers need to co-ordin­ate a broad range of resources and people to run an oper­a­tion, which requires great­er team-build­ing. Of the three agen­cies, GCHQ remains the most secret­ive and inward-look­ing, and is staffed pre­dom­in­antly with “boffin” types. Wil­li­ams, with his math­em­at­ic­al skills and loner tend­en­cies, would be a typ­ic­al employee.

Des­pite the intel­li­gence com­munity present­ing a united front to the out­side world, cul­ture clashes between the three agen­cies are com­mon­place. Staff on second­ment between agen­cies – as Wil­li­ams was, from GCHQ to MI6 – can have a rough time fit­ting into a new envir­on­ment, work­ing with col­leagues who eye them with sus­pi­cion, as the divi­sions jockey for power, prestige and resources with­in Whitehall.

So what is life like work­ing as a spy? The world of intel­li­gence is not so much isol­at­ing as insu­lat­ing. Even as you pro­ceed through the con­vo­luted recruit­ment pro­cess, you find your­self enter­ing a par­al­lel uni­verse, one that exists along­side your every­day life.

Thames_House_Millbank_EntranceFrom that first, explor­at­ory meet­ing with an intel­li­gence officer in an unmarked build­ing in cent­ral Lon­don, you have to with­draw a little from your old exist­ence. You are asked not to tell your fam­ily and friends, and imme­di­ately have to sign a noti­fic­a­tion of the rig­or­ous terms of the Offi­cial Secrets Act, whereby if you talk about your work, you risk imprisonment.

The pro­cess of induc­tion into this world is intriguing, flat­ter­ing and seduct­ive. The agen­cies tend to avoid the James Bond wan­nabes, and those inspired by the fake glam­our of Spooks. The key motiv­a­tion is gen­er­ally want­ing to do a job that can make a dif­fer­ence, pro­tect the coun­try and poten­tially save lives. The secret ele­ment adds spice and per­haps com­pensates for the anor­ex­ic pay. When I star­ted work­ing for MI5 in 1991, at the fast-track gradu­ate level, the start­ing salary was £14,500 pa – a good £5,000 less than my peer group from Cam­bridge earned in their blue-chip jobs. The pay has improved some­what since then, but you don’t become a spy for the money.

The vet­ting pro­cess is pro­trac­ted. For MI5, MI6 and GCHQ, officers are required to have the highest clear­ance – Developed Vet­ting. This begins with a home vis­it. Dis­con­cert­ingly, I soon found myself in the fam­ily sit­ting room being grilled about my sex life by a little, grey-haired lady who looked just like a favour­ite grand­moth­er, until you looked into her eyes.

Then the pro­cess widens. I had to nom­in­ate four friends who were will­ing to be inter­viewed about me, and they were asked to sug­gest yet more people… so secrecy becomes impossible. One friend, of a Left-wing hue, dis­ap­proved of my recruit­ment; even those who were sup­port­ive were reluct­ant to ask me too much. As I couldn’t talk to them freely about my life, they felt increas­ingly shut out, so I lost old friends along the way.

The_spy_who_loved_meUnsur­pris­ingly, new officers begin to social­ise increas­ingly with their col­leagues, and close friend­ships grow rap­idly. With­in this clique, we could talk shop at din­ner parties, use the same slang and ter­min­o­logy, dis­cuss our work, and whinge about our bosses. With out­siders, we could nev­er be fully ourselves. This, inev­it­ably, often led to more than friend­ships. What might oth­er­wise be called office romances flour­ished. I met my former part­ner, Dav­id Shayler, when we were both in our first post­ing in MI5.

Such rela­tion­ships were not exactly encour­aged, but were gen­er­ally seen as a good thing by man­age­ment – unless, of course, it was a clandes­tine mat­ter that could leave the officer vul­ner­able to black­mail. Such affairs were seen as vet­ting offences.

Among spies, an old double stand­ard held firm. There was one couple who were caught in flag­rante in the office, not once but twice. The male officer was put on “garden­ing leave” for six months; the woman was sacked.

For the first few weeks in the job, the feel­ing of unreal­ity and dis­lo­ca­tion is strong. The only sol­id inform­a­tion you have about your new pos­i­tion, as you walk into the office for the first time, is the grade at which you will be work­ing – noth­ing else.

My first post­ing was to the small counter-sub­ver­sion sec­tion, F2. Even though it was a desk job, the inform­a­tion I was deal­ing with came from sens­it­ive sources: inter­cep­ted com­mu­nic­a­tions, reports from agents who had pen­et­rated tar­get groups, police reports. And yet, with­in a few weeks, the hand­ling of such secret and intrus­ive inform­a­tion became entirely normal.

Invest­ig­a­tions can be very fast-paced, par­tic­u­larly in the counter-ter­ror­ism sec­tions. Gen­er­ally, officers work reg­u­lar hours but occa­sion­ally, if an oper­a­tion goes live, you work around the clock. If it proves a suc­cess, there might be a news item on the tele­vi­sion about it – but obvi­ously without the full back story. That can be a sur­real exper­i­ence. You feel pride that you’ve achieved what you signed up to do, but you can­not dis­cuss it with any­body out­side the office. At such moments, the dis­con­nect from main­stream life is intensely sharp.

Regnum_DefendeHow­ever, when some­thing goes wrong – a bomb goes off in which civil­ians die – the feel­ings are even more intense. Guilt, anger, frus­tra­tion, and a scramble to ensure that the blame doesn’t attach to your sec­tion. The offi­cial motto of MI5 is Regnum Defe
nde – defence of the realm. Staff mord­antly used to joke that it should more accur­ately be Rectum Defende.

Per­son­al secur­ity also ensures that there is a con­stant bar­ri­er between you and the nor­mal world. If you meet someone inter­est­ing at a party, you can­not say too much about what you do, and such reti­cence can appear unfriendly. The cov­er story that MI5 officers use is that they work as civil ser­vants at the Min­istry of Defence; for MI6, it is the For­eign Office. This usu­ally stops people from ask­ing too much more, either through dis­cre­tion or, frankly, bore­dom. Once or twice, people pushed me for more inform­a­tion, and my para­noia anten­nae imme­di­ately began to twitch: why are they so inter­ested? Are they spies or, God for­bid, journalists?

I had the mis­for­tune once of using this cov­er story at a party, only to find my inter­locutor actu­ally worked for the real Min­istry of Defence, and wanted to know which sec­tion I worked in, who my col­leagues were, how long I had been there… Thank­fully, the magic word “Box” – slang used to describe MI5 with­in White­hall, derived from the organisation’s old PO Box 500 num­ber – brought that line of con­ver­sa­tion to an abrupt halt.

As an intel­li­gence officer, you quickly learn to be dis­creet on the tele­phone and in emails. Oblique con­ver­sa­tions become the norm, and this bleeds into your per­son­al life, too, much to the frus­tra­tion of friends and family.

The inter­net is anoth­er chal­lenge. As a “spook”, the last thing you want to see is your pho­to­graph on a friend’s Face­book page. Or, even worse, hol­i­day snaps show­ing you in your Speedos, as the cur­rent head of MI6, Sir John Saw­yer, found to his cost last year.

And what about when you come to leave the intel­li­gence ser­vice, as I did after five years. Can you ever really have a nor­mal life after­wards, and shake off the mindset?

Many of my former col­leagues have left and built careers in a wide vari­ety of areas. But I won­der how many still look auto­mat­ic­ally over their shoulders as they put their key in the front door; how many tear up paper before throw­ing it in the bin; and how many are reflex­ively reti­cent about their per­son­al life?

Would I want to be a spy these days? No, thank you. I’m hap­pi­er in the real world.

* Annie Machon is the author of Spies, Lies and Whis­tleblowers (Book Guild)

Blitz Spirit?

Sir_Paul_StephensonThe most seni­or police officer in the UK, the Com­mis­sion­er of the Met­ro­pol­it­an Police Sir Paul Steph­en­son no less, is say­ing that the Brit­ish cit­izens are not tak­ing the threat of ter­ror­ism ser­i­ously enough.  “Al Qaeda” could strike at any minute, the enemy is with­in etc, etc.…

Now, for a man of his seni­or­ity, one pre­sumes that he has served as a police­man for a fair few years — pos­sibly in the 1970s, cer­tainly the 80s and 90s.  Which means that he should have a memory of what it means to be under the real, daily threat of bombs explod­ing that aimed to maim, kill and ter­ror­ize the civil­ian pop­u­la­tion of Lon­don and the rest of the UK.  After all, through­out those dec­ades the Pro­vi­sion­al IRA, backed by the fund-rais­ing activ­it­ies of cer­tain Amer­ic­an cit­izens and Col­on­el Gad­dafi of Libya — that erstwhile pat­ron of free­dom fight­ers every­where, now a staunch ally of the West in the “war on ter­ror” — was pretty much put­ting bombs down at will on UK streets.

Bishopsgate_Bombing_1993Dur­ing these years the UK has endured Lock­er­bie, Omagh, Bish­opsgate, Canary Wharf, and Manchester, to name but a few major atro­cit­ies.  A good sum­mary of the ter­ror­ist attacks against Lon­don alone over the last 150 years can be found here, with the first Tube bomb­ing occur­ring in 1885.  A pilot, Patrick Smith, also recently wrote a great art­icle about air­craft secur­ity and the sheer scale of the ter­ror­ist threat to the West in the 1980s — and asks a very per­tin­ent ques­tion: just how would we col­lect­ively react to such a stream of atro­cit­ies now? 

Put­ting aside my pro­fes­sion­al life at the time, I have per­son­al memor­ies of what it was like to live and work in Lon­don in the 1990s under the shad­ow of ter­ror­ism.  I remem­ber mak­ing my way to work when I was a fledging MI5 intel­li­gence officer in 1991 and com­mut­ing through Vic­tor­ia train sta­tion in Lon­don 10 minutes before a bomb, planted in a rub­bish bin, exploded on the sta­tion con­course.  One per­son was killed, and many sus­tained severe injur­ies.  One per­son had their foot blown off — the image haunted me for a long time.

I also vividly remem­ber, two years later, sit­ting at my desk in MI5’s May­fair office, and hear­ing a dull thud in the back­ground — this turned out to be a bomb explod­ing out­side Har­rods depart­ment store in Knights­bridge.  And let’s not for­get the almost daily dis­rup­tion to the tube and rail net­works dur­ing the 90s because of secur­ity alerts.  Every Lon­don­er was exhor­ted to watch out for, and report, any sus­pi­cious pack­ages left at sta­tions or on streets.  Yet because of the pre­ced­ing couple of dec­ades, this was already a nor­mal way of life in the city. 

Keep_Calm_and_Carry_On_PosterLon­don­ers have grown used to incon­veni­ence; they grumble a bit about the dis­rup­tion and then get on with their lives — echoes of the “keep calm and carry on” men­tal­ity that evolved dur­ing the Blitz years.  In the 1990s the only notice­able change to Lon­don’s diurn­al rhythm was that there were few­er US tour­ists clog­ging up the streets — an early indic­a­tion of the dis­pro­por­tion­ate, para­noid US reac­tion to a per­ceived ter­ror­ist threat.

Sep­ar­ate from the IRA, in 1994 a car bomb exploded out­side the Israeli embassy in Kens­ing­ton, Lon­don.  Des­pite ini­tial reports that Ira­ni­an-backed groups were respons­ible (and, it turns out, MI5 may have dropped the ball), Palestini­an act­iv­ists were blamed and con­victed, wrongly it turns out, as MI5 assessed that the Israeli intel­li­gence agency, Mossad, had pulled a dirty trick.

Ter­ror­ism on the streets of Lon­don was noth­ing new.  In the early 1980s my fath­er was in Lon­don attend­ing an invest­ig­at­ive journ­al­ism course and nar­rowly missed two bomb­ings — one in a res­taur­ant at Marble Arch a couple of hours after he and the rest of the course mem­bers had been eat­ing there, and anoth­er later that night close to the hotel he was stay­ing in at Lan­caster Gate. 

Dawson's_Field_VC10My Pa had anoth­er near miss in 1970 when he was a young air­line pilot fly­ing VC-10s around the world for BOAC. He was sup­posed to be the pilot of the VC-10 that ended up at Dawson’s Field in Jordan — hijacked by mem­bers of the PFLP and even­tu­ally blown up.  He had been pre­ven­ted from fly­ing from Bahrain that day as he was suf­fer­ing a bad dose of the ‘flu.

To this day, his view about both these incid­ents is to shrug and carry on.  Yes, it was a close shave, but if you allow incid­ents like that to col­our the rest of your life, then the concept of ter­ror­ism has already won.

The UK and its cit­izens have had plenty of hands-on exper­i­ence of liv­ing with the real­ity of war, polit­ic­al viol­ence and ter­ror­ism.   As a res­ult, I’m con­stantly flab­ber­gas­ted by the glob­al secur­ity crack­down since 9/11 and par­tic­u­larly in the UK after 7th July 2005.  It was ghastly, and my heart bleeds for the vic­tims, fam­il­ies, and sur­viv­ors, but major ter­ror­ist atro­cit­ies are hardly new to the UK

Gerard_Conlan_Guildford_4_releaseThe UK gov­ern­ment seems now to have for­got­ten hard-learned les­sons from the 1970s and 80s in the war in North­ern Ire­land: that dra­coni­an meas­ures — tor­ture, shoot to kill, intern­ment, mil­it­ary-style tribunals —  not only don’t work, but also are counter-pro­duct­ive and act as recruit­ing grounds for ter­ror­ist groups.  The flag­rant mis­car­riages of justice around cases like the Guild­ford Four and Birm­ing­ham Six rein­forced this perspective. 

And the UK has not been alone in Europe when it comes to liv­ing with the daily real­ity of ter­ror­ism: the Span­ish have endured Basque sep­ar­at­ist attacks for four dec­ades, as have the French — in addi­tion to those per­pet­rated in Par­is with dev­ast­at­ing res­ults by Algeri­an Islam­ic groups in the 1990s.  Ger­many suc­cess­fully dealt with the Baader-Mein­hof Gang (Red Army Fac­tion), and oth­er European coun­tries, such as Bel­gi­um and Italy, have endured Oper­a­tion Gla­dio style ter­ror­ist attacks over recent decades.

But in all those years, none of our coun­tries gave up on the concept of basic val­ues and freedoms — indeed they seemed to learn use­ful les­sons from the repress­ive, failed exper­i­ment in North­ern Ire­land.  So why are we now fall­ing in line, unthink­ingly, with the hys­ter­ic­al and bru­tal US response post 9/11? 

Das_leben_der_anderenIn the UK we are effect­ively liv­ing under a Big Broth­er sur­veil­lance state, as I have pre­vi­ously and extens­ively writ­ten.  Oth­er North­ern European coun­tries are con­stantly pres­sured to fall in line with the US “war on ter­ror” fear men­tal­ity.  To its cred­it Ger­many is react­ing cau­tiously, even in the face of the cur­rent, hyped-up ter­ror threat.  But then we Europeans know the les­sons of his­tory — we’ve lived them, and Ger­many more than most.  The ghosts of the Gestapo and the Stasi still cre­ate a fris­son of fear in the col­lect­ive Ger­man­ic memory.

But return­ing to that doughty crime fight­er, Sir Paul Steph­en­son.  The day after he ticked off the UK pub­lic for not tak­ing ter­ror­ism ser­i­ously enough, he is once again in the media, pre­dict­ing an era of grow­ing civil unrest in the wake of the stu­dent riots in Lon­don, and chillingly stat­ing that the rules of the game had changed.  For­get about try­ing to nego­ti­ate with cam­paign­ers — now the only way to deal with them is to spy on them, as The Guard­i­an reported:

We have been going through a peri­od where we have not seen that sort of viol­ent dis­order,” Steph­en­son said. “We had dealt with stu­dent organ­isers before and I think we based it too much on his­tory. If we fol­low an intel­li­gence-based mod­el that stops you doing that. Obvi­ously you real­ise the game has changed. Regret­tably, the game has changed and we must act.”

Big_BrotherLast year the same news­pa­per revealed that ACPO, the seni­or police officers’ private asso­ci­ation, was run­ning an illeg­al unit to spy on “domest­ic extrem­ists” (read polit­ic­ally act­ive cit­izens).  In response to the pub­lic out­cry, the head of ACPO, Sir Hugh Orde, prom­ised to stop this Stasi-like prac­tice.  In the wake of the stu­dent protests, Sir Paul will prob­ably see a renewed need for the unit, no doubt under anoth­er name.  Big Broth­er grows apace — because, of course, we all know that Ocean­ia has always been at war with Eastasia.…..

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.….