The London Blasts: Media Review

ONE MONTH ON

DAY 36: Friday 12 August 2005

Contents:

Deportation Arrests

What Has Changed

Bullying The Judges

A Lengthy Process?

Worthless Promises

Jordan And Algeria

Protest

DEPORTATION ARRESTS

'The first 10 foreign nationals to face deportation on the grounds of national security under the government's new anti-terrorism stance were yesterday rounded up in raids across Britain. Nine, nearly all former Belmarsh terror detainees, face being sent back to Algeria - a country with one of the poorest human rights records in north Africa.'

'The 10th was the radical preacher described as al-Qaida's "ambassador in Europe", Abu Qatada. He faces being deported to his native Jordan, which this week signed a "no death penalty, no torture" agreement with the UK.' (Guardian, page 1)

'Civil rights lawyers Louise Christian said: "Some of these people had been held in prison for over three years and the authorities knew who their representatives are, but didn't inform them." '

'Solicitors Birnberg, Peirce & Partners, who represent some of those seized, said the men were not allowed to instruct counsel.'

'The firm added: "Of those likely to have been arrested today, five are the subject of serious psychiatric concern as a result of the damage each was caused by his previous indefinite detention." ' (Daily Mirror)

WHAT HAS CHANGED

'The abandoned Belmarsh system had been created because there was "no realistic possibility", under human rights laws, of deporting suspects to nations which might use the death penalty or torture, and insufficient evidence to try them for terrorism targeted against Britain.'

'Jordan has now pledged not to execute or torture those returned, and the Government is close to signing similar agreements with up to nine other countries.'

'Yesterday's detentions in London, Luton, Leicestershire and the West Midlands took place because the Home Office believes there is a realistic prospect of deportation which will survive legal challenges. Charles Clarke, the Home Secretary, said: "The circumstances of our national security have changed. It is vital that we act against those who threaten it." ' (Telegraph, page 1)

In other words, what has changed is not the probability of mistreatment of the deportees, but (a) the perceived risk of harm if the detainees remain in the UK (as perceived by the Government), and (b) the willingness of judges of judges to place detainees at risk of torture and/or execution by deportation.

BULLYING THE JUDGES

'The Government is planning legislation instructing judges how to interpret the Human Rights Act, it emerged last night. Lord Falconer, the Lord Chancellor, said that the new law would oblige judges to give equal weight to considerations of national security and to the rights of the individual. “All law operates on the basis that if the facts change then the law changes, and the law is going to change,” he said. “We have got to get the right balance and ultimately where the balance lies is a matter for Parliament.” '

It is a matter of argument as to whether Britain's national security is improved or eroded by action which discriminates against Muslims, puts Muslims at risk of torture and death in order to censor their speech, and curbs criticism of British foreign policy by Muslims. Does such a package of laws, smashing hard-won freedoms, tend to reduce the anger amongst some alienated young Muslims that produces bombs, or increase it?

A LENGTHY PROCESS?

'Lawyers for the ten men and human rights groups warned the Government that it faces a fight that could take up to three years and cost about £2 million.' (Times, page 6)

'The government fully expects the deportation process to take months and is bracing itself for a second showdown in the Lords following last December's decision by law lords that detention of foreign terror suspects without trial was incompatible with human rights obligations.' (FT, page 2)

'All the men were taken to top-security prisons at Full Sutton, near York, and Long Lartin, near Evesham, as their lawyers immediately began work on their appeals. They have five working days to lodge their challenge. Any hearing is unlikely to take place until near the end of the year.'

WORTHLESS PROMISES

'Without a formal deal with Algeria that the men will not be tortured, it is inconceivable that the courts will agree to their deportation. This arrangement also relies on Whitehall establishing an independent monitoring commission.'

'Officials said that they were nowhere near finalising membership of the commission. One said: “We need a respected body such as the Red Cross to convince sceptics of its value as an independent organisation.” '

'The warning that it could take up to three years before the detainees were flown out was made by a senior human rights lawyer, who predicted a legal battle ending with a challenge in the European Court of Human Rights at Strasbourg. He said: “The key issue is that the agreements with states are not binding, and torture and inhumane treatment are routinely carried out by rogue agents and overzealous security agents. How can we be sure these agreements will be met?” ' (Times, page 6)

'Britain also needs to secure specific guarantees from Jordan in regard to the men it wishes to send back.'

'The memorandum of understanding between the two countries, published yesterday, also provides for an independent body to monitor the agreement. Its members will be appointed by Amman and London.'

'Under the agreement, Jordan promises to offer suspects humane treatment, judicial oversight if detained in Jordan, disclosure of the reasons for detention, regular visits by the independent monitoring body, unrestricted access to UK consular facilities, religious freedom, a right to a fair trial and the ability to prepare a proper defence.'

'Both countries would be able to withdraw from the agreement, but its provisions would continue to apply to any deportees expelled under them.'

'Human rights campaigners have said such assurances are "not worth the paper they are written on" but legal experts believe it may be hard to prove a foreign government would inevitably break its promises.' (FT, page 2)

Note that this is a reversal of the burden of proof. Rather than the Government having to prove that deportees will be safe, it is trying to create a legal framework where detainees have to prove that they would be at risk if they were deported.

'There are few precedents for testing such diplomatic assurances. Liberty, the human rights organisation, pointed yesterday to the case of Maher Arar, a dual Canadian-Syrian national deported by the United States to Syria via Jordan in September 2002, following assurances on torture from Damascus.'

'Mr Arar claimed that as well as being severely tortured throughout his detention in Syria, he was repeatedly beaten by the Jordanian authorities.' (Guardian, page 6)

JORDAN AND ALGERIA

'Last night the 10 were back in the maximum security prisons Full Sutton, near York, and Long Lartin, Worcestershire. Their lawyers, Birnberg Peirce, protested that they were being moved around the country to prevent them being in contact with their legal representatives.'

'In a statement, the lawyers said: "Jordan and Algeria are at the top of every list of countries known to use the most brutal of forbidden measures." '

'The prospect of sending the men back to Jordan and Algeria horrified human rights and Muslim groups in Britain. Amnesty International said the assurances "of known torturers were not worth the paper they were written on", while the Muslim Council of Britain warned against turning a "blind eye to torture".' (Guardian, page 1)

PROTEST

We can't find any actions/protests that you can support on this issue on the Liberty, Amnesty International, Human Rights Watch, Muslim Association of Britain, or Campaign Against Criminalising Communities websites. (You may wish to write to these organisations urging them to take action.)

In the absence of such materials/initiatives, and in the face of time constraints here at JNV over the next few days, we can suggest writing to the newspapers to protest against the deportation arrests (email addresses of British papers here - international letter writers always welcomed by editors), writing to MPs (TheyWorkForYou is a good online system), and planning and advertising a local protest next Saturday, when leaflets and other materials will be available from/through JNV. (It's quite possible that there will be a snap London demo also, but even so, lots of local events that are publicised in local newspapers and radio will reach more people than a London demo which attracts little national media attention.)

Points you may wish to make:

1) IF YOU HAVE EVIDENCE, TRY THEM, DON'T DEPORT THEM

The men being detained have not been convicted or even charged with involvement in terrorist acts in this country.

If the government had such evidence, it would be taking them to court here.

The men being detained are not said to be involved in the 7/7 or 21/7 bombings.

If the government had such evidence, it would be taking them to court here.

These men have not been, and are not going to be, charged with involvement in a terrorist act, or in any other criminal act.

Shami Chakrabarti, Director of Liberty: "What separates us from the terrorists is that we do not torture people or send them to be tortured. It should take more than self serving assurances to demonstrate that countries with a human rights record such as Jordan's are safe. Now is not the time for our Judges to be cowed by the impudent warnings of populist politicians. It is far better for public safety that a terrorist suspect be tried than shuffled around the world."

The Independent (editorial, page 30): "In a law-governed state which prides itself on its tolerance of free speech and its respect for right, anyone suspected of involvement in terrorism should be charged, tried and judged under the law as it stands. Anything else is a betrayal of what we stand for."

2) THIS IS NOT A THREAT TO THE LIFE OF THE NATION

We are not facing a 'threat to the life of the nation' (see Lord Hoffmann's remarks, excerpted Wednesday).

Suggestions for more talking points welcome. This page will be updated, probably on Sunday.

JNV welcomes feedback.