Another abuse of UK terrorism laws

First pub­lished on RT Op-Edge.

Dav­id Mir­anda had just spent a week in Ber­lin, before fly­ing back to his home coun­try, Brazil, via Lon­don’s Heath­row air­port. As he attemp­ted to trans­it on to his flight home — not enter the UK, mind you, just make an inter­na­tion­al con­nec­tion —  he was pulled to one side by the UK’s bor­der secur­ity officers and ques­tioned for nine hours, as well as hav­ing all his tech­nic­al equip­ment con­fis­cated.

Glenn Greenwald and his partner David MirandaHe was detained for the max­im­um peri­od allowed under the dra­coni­an terms of Sched­ule 7 of the UK’s Ter­ror­ism Act (2000).  His appar­ent “crime”? To be the part­ner of cam­paign­ing journ­al­ist Glenn Gre­en­wald who broke the Edward Snowden whis­tleblow­ing stor­ies.

Mir­anda’s deten­tion has caused out­rage, rightly, around the world. Dip­lo­mat­ic rep­res­ent­a­tions have been made by the Brazili­an gov­ern­ment to the Brit­ish, UK MPs are ask­ing ques­tions, and The Guard­i­an news­pa­per (which is the primary pub­lish­er of  Gre­en­wald’s stor­ies), has sent in the law­yers.

This epis­ode is troub­ling on so many levels, it is dif­fi­cult to know where to begin.

Magna_CartaFirstly, the Ter­ror­ism Act (2000) is designed to invest­ig­ate, er, ter­ror­ism — at least, so you would think. How­ever it is all too easy for mis­sion creep to set in, as I have been say­ing for years.  The defin­i­tion of ter­ror­ism has expan­ded to cov­er act­iv­ists, plac­ard wavers, and pro­test­ers as well as, now appar­ently, the part­ners of journ­al­ists.  The old under­stand­ing of due leg­al pro­cess is merely yet anoth­er quaint, Brit­ish arte­fact like the Magna Carta and habeas cor­pus.

In the UK we now have secret courts cov­er­ing all things “nation­al secur­ity”, we have per­vas­ive Big Broth­er sur­veil­lance as exem­pli­fied by GCHQ’s TEMPORA pro­gramme, and we have our spies involved in kid­nap­ping and tor­ture.

So Sched­ule 7 of the Ter­ror­ism Act is just anoth­er small nail in the coffin of his­tor­ic Brit­ish freedoms. Under its terms, any­one can be pulled aside, detained and ques­tioned by bor­der secur­ity guards if they are “sus­pec­ted of” involve­ment in, the com­mis­sion­ing of, or fin­an­cial sup­port for ter­ror­ism. The detain­ee is not allowed to speak to a law­yer, nor are they allowed not to answer ques­tions, on pain of crim­in­al pro­sec­u­tion. Plus their prop­erty can be indef­in­itely seized and ran­sacked, includ­ing com­puters, phones, and oth­er gad­gets.

Under Sched­ule 7 people can be ques­tioned for a max­im­um of 9 hours. After that, the author­it­ies either have to apply for a form­al exten­sion, charge and arrest, or release. Accord­ing to a UK gov­ern­ment doc­u­ment, 97% people are ques­tioned for less than 1 hour then released and only 0.06% are held for six hours.  Mir­anda was held up until the last minute of the full nine hours before being released without charge.

Secondly, this abuse of power dis­plays all too clearly the points that Edward Snowden has dis­closed via Gre­en­wald about a bur­geon­ing and out-of-con­trol sur­veil­lance state. The deten­tion of Mir­anda dis­plays all the obsess­ive vin­dict­ive­ness of a wounded secret state that is buzz­ing around, angry as a wasp. Snowden has the pro­tec­tion of the only state cur­rently with the power to face down the brute might of US “dip­lomacy”, and Gre­en­wald still has the shreds of journ­al­ist pro­tec­tions around him.

Friends and part­ners, how­ever, can be seen as fair game.

I know this from bit­ter per­son­al exper­i­ence. In 1997 former MI5 intel­li­gence officer, Dav­id Shayler, blew the whistle on a whole range of UK spy crimes: files on gov­ern­ment min­is­ters, illeg­al phone taps, IRA bombs that could have been pre­ven­ted, inno­cent people in pris­on, and an illeg­al MI6 assas­sin­a­tion plot against Gad­dafi, which went wrong and inno­cent people died.

Work­ing with a major UK news­pa­per and with due respect for real nation­al secrets, he went pub­lic about these crimes.  Pre-empt­ively we went on the run togeth­er, so that we could remain free to argue about and cam­paign around the dis­clos­ures, rather than dis­ap­pear­ing into a max­im­um secur­ity pris­on for years. After a month on the run across Europe, I returned to the UK to work with our law­yers, see our trau­mat­ised fam­il­ies, and pack up our smashed-up, police-raided flat.

Annie_arrest_BWIn Septem­ber 1997 I flew back with my law­yer from Spain to Lon­don Gatwick. I knew that the Met­ro­pol­it­an Police Spe­cial Branch wanted to inter­view me, and my law­yer had nego­ti­ated this ahead of my travel.  Des­pite this, I was arres­ted at the immig­ra­tion desk by six heav­ies, and car­ted off to a counter-ter­ror­ism suite at Char­ing Cross police sta­tion in cent­ral Lon­don, where I was inter­rog­ated for six hours.

At that point I had done noth­ing more than sup­port Dav­id. As anoth­er ex-MI5 officer I agreed that the spies needed great­er over­sight and account­ab­il­ity, but actu­ally my arrest was because I was his girl­friend and going after me would be lever­age against him. But is got worse — two days later Shayler­’s two best friends and his broth­er were arres­ted on flag­rantly trumped-up charges. None of us was ever charged with any crime, but we were all kept on police bail for months.

Look­ing back, our treat­ment was designed to put more pres­sure on him and “keep him in his box” — it was pure intim­id­a­tion. Journ­al­ists and stu­dents were also threatened, har­assed, and in one case charged and con­victed for hav­ing the temer­ity to expose spy crimes dis­closed by Shayler. To this day, none of the crim­in­als in the UK intel­li­gence agency has ever been charged or con­victed.

So the threats and intim­id­a­tion around the Snowden case, and the deten­tion of Gre­en­wald’s part­ner, are old, old tac­tics. What is new is the sheer scale of blatant intim­id­a­tion, the sheer bru­tish force. Des­pite the full glare of glob­al inter­net and media cov­er­age, the US and UK spooks still think they can get away with this sort of intim­id­a­tion. Will they? Or will we, the glob­al cit­izenry, draw a line in the sand?

Oh, and let’s not for­get the sheer hypo­crisy as well — the US con­demns Snowden for seek­ing refuge in Rus­sia, and cas­tig­ates that coun­try for its civil rights record on cer­tain issues. Be that as it may, the US estab­lish­ment should look to the log in its own eye first — that one of its young cit­izens faces the death sen­tence or life-long incar­cer­a­tion for expos­ing (war) crimes against the glob­al com­munity as well as the coun­try’s own con­sti­tu­tion.

There is an inter­na­tion­ally-recog­nised leg­al pre­ced­ent from the Nurem­burg Nazi tri­als after World War 2: “just fol­low­ing orders” is not a defence under any law, par­tic­u­larly when those orders lead to vic­tim­isa­tion, war crimes and gen­o­cide.  The UK bor­der guards, as well as the inter­na­tion­al intel­li­gence com­munit­ies and mil­it­ary, would do well to heed that power­ful les­son from his­tory.

So this overzeal­ous use of a law to detain the part­ner of a journ­al­ist merely trav­el­ling through the UK should make us all pause for thought. The West has long inveighed against total­it­ari­an regimes and police states. How can they not recog­nise what they have now become? And how long can we, as cit­izens, con­tin­ue to turn a blind eye?

RTTV Interview: Libya — the perfect storm

My RTTV inter­view today about Libya, tor­ture, and UK double-deal­ing:

 

RTTV interview on the royal wedding and arrest of UK activists

My inter­view on 29 April 2011 for RTTV about the pre-empt­ive arrests of UK polit­ic­al act­iv­ists in the run-up to the roy­al wed­ding. 

Thoughtcrime appears to have arrived in the UK — and I acci­dent­ally became a roy­al wed­ding com­ment­at­or (sort of). 

Well, nev­er say nev­er in life.…

 

Bleat: the assassination of dissidents

Black_sheep?OK, so I’m not sure if my concept of Bleats (half blog, half tweet) is being grasped whole­heartedly.  But so what — it makes me laugh and the Black Sheep shall perservere with a short blog post.….

So I’m a bit puzzled here.  UK Prime Min­is­ter Dave Camer­on is quoted in today’s Daily Tele­graph as say­ing that:

It is not accept­able to have a situ­ation where Col­on­el Gad­dafi can be mur­der­ing his own people using aero­planes and heli­copter gun­ships and the like and we have to plan now to make sure if that hap­pens we can do some­thing to stop it.”

But do his Amer­ic­an best bud­dies share that, umm, humane view?  First of all they have the CIA assas­sin­a­tion list which includes the names of US cit­izens (ie its own people); then those same “best bud­dies” may well resort to assas­sin­at­ing Wikileak­s’s Juli­an Assange, prob­ably the most high pro­file dis­sid­ent in inter­na­tion­al and dip­lo­mat­ic circles at the moment; plus they are already waging remote drone war­fare on many hap­less Middle East­ern coun­tries — Yeman, Afgh­anistan, Pakistan.….

Oh, and now the UK gov­ern­ment seems poised to launch cov­ert spy drones into the skies of Bri­tain.  Even the UK’s most right-wing main­stream news­pa­pers, the Daily Tele­graph and the Daily Mail, expressed con­cern about this today.  Appar­ently these drones have yet to be weapon­ised.….

It’s a slip­pery slope down to an Orwellian night­mare.

 

The Real Reason for the Police State?

DroneI haven’t writ­ten here for a while, des­pite the embar­ras de richesses that has been presen­ted to us in the news recently: Dame Stella say­ing that the UK is becom­ing a police state;  drones will patrol the streets of Bri­tain, watch­ing our every move; data­bases are being built, con­tain­ing all our elec­tron­ic com­mu­nic­a­tions; ditto all our travel move­ments. What can a lone blog­ger use­fully add to this?  Only so much hot air — the facts speak for them­selves.

Plus, I’ve been a bit caught up over the last couple of months with Oper­a­tion Escape Pod. Not all of us are sit­ting around wait­ing for the pris­on gates to clang shut on the UK. I’m outta here!

But I can­’t res­ist an inter­est­ing art­icle in The Spec­tat­or magazine this week. And that’s a sen­tence I nev­er thought I would write in my life.

Tim Ship­man, quot­ing a pleth­ora of anonym­ous intel­li­gence sources and former spooks, asserts that Bri­tain’s for­eign policy is being skewed by the need to pla­cate our intel­li­gence allies, and that the CIA is roam­ing free in the wilds of York­shire.

His sources tell him that the UK is a “swamp” of Islam­ic extrem­ism, and that the domest­ic spies are ter­ri­fied that there will be a new ter­ror­ist atro­city, prob­ably against US interests but it could be any­where, car­ried out by our very own home-grown ter­ror­ists. Accord­ing to Ship­man, this ter­rible pro­spect had all the spooks busily down­ing trebles in the bars around Vaux­hall Cross in the wake of the Mum­bai bomb­ings.

Apart from the sug­ges­tion that the spies’ drink­ing cul­ture appears to be as robust as ever, I find this inter­est­ing because well-sourced spook spin is more likely to appear in the august pages of The Speccie than in, say, Red Pep­per. But if this is an accur­ate reflec­tion of the think­ing of our politi­cians and intel­li­gence com­munity, then this is an extremely wor­ry­ing devel­op­ment. It goes a long way to explain­ing why the UK has become the most policed state in the West­ern world.

Yes, in the 1990s the UK prac­tised a strategy of appease­ment towards Islam­ic extrem­ists. MI5’s view was always that it was bet­ter to give rad­ic­als a safe haven in the UK, which they would then be loathe to attack dir­ectly, and where a close eye could be kept on them.

This, of course, was derailed by Blair’s Mes­si­an­ic mis­sion in the Middle East. By uni­lat­er­ally sup­port­ing Bush’s adven­tur­ism in Afgh­anistan and Iraq, in the teeth of stark warn­ings about the attend­ant risks from the head of MI5, Bri­tain has become “the enemy” in the eyes of rad­ic­al Islam. The gloves are off, and we are all at great­er risk because of our former PM’s hubris.

But now we appar­ently have free-range CIA officers infilt­rat­ing the Muslim com­munit­ies of the UK.  No doubt Mossad is also again secretly  tol­er­ated, des­pite the fact that they had been banned for years from oper­at­ing in the UK because they were too unpre­dict­able (a civil ser­vice euphem­ism for viol­ent).

And I am will­ing to bet that this inter­na­tion­al per­cep­tion that UK spooks will be caught off-guard by an appar­ently Brit­ish-ori­gin­ated ter­ror­ist attack is the reas­on for the slew of new total­it­ari­an laws that are mak­ing us all sus­pects. The drones, the datamin­ing and the dra­coni­an stop-and-search laws are designed to reas­sure our invalu­able allies in the CIA, Mossad, ISI and the FSB.  They will not be put in place to “pro­tect” us.