andrew


The death of David Kelly is back in the news

From The Scotsman

MP says files into Kelly death have been wiped

AN MP conducting an investigation into the death of Dr David Kelly last night claimed his computer files have been wiped.

Norman Baker, Lewes MP, said he has evidence to prove Dr Kelly did not die as a result of suicide. The Liberal Democrat said he had told police he believes computer files at his Lewes constituency office have been remotely wiped.

The MP told the BBC: “What my investigations to date have demonstrated is that there are significant medical doubts from professional medical people about the alleged cause of death.

“Indeed there are a number of specialist medical experts who tell me that it is clinically impossible for Dr David Kelly to have died the way that was described.

“I am suggesting the explanation for suicide simply doesn’t add up.”

Dr Kelly was the Ministry of Defence scientist whose conversations with a BBC journalist led to reports that the government “sexed up” the threat posed by Iraq’s weapons of mass destruction. In July 2003 he was found dead with his wrists slashed.

View with comments

Article 3 returns to the US

Following the Supreme court ruling against Bush, the core of the Geneva Conventions has been reasserted in the US legal system. ACLU comments on the moves that have rendered Attorney General Gonzales somewhat ‘quaint and obsolete’.

From the American Civil Liberties Union

Washington, DC – After more than four years of lawlessness, the Defense Department took a big first step toward complying with federal law, by stating that it will comply with Article 3 of the Geneva Conventions when holding detainees. However, just hours after the announcement of the new Pentagon policy, a top Justice Department lawyer urged Congress to ‘ratify’ the military commissions that the Supreme Court invalidated two weeks ago.

‘The Pentagon’s decision is wholly appropriate, in light of the Supreme Court’s ruling in Hamdan v. Rumsfeld, and long overdue,” said ACLU Director Anthony Romero. However, at the same time that the Defense Department is showing signs of heading in the direction of restoring the rule of law, the Justice Department is urging Congress to abandon it.

The new Pentagon policy reversed a prior Bush Administration claim that detainees were not protected by Article 3 of the Geneva Conventions. In policies developed in early 2002 by President Bush, Attorney General Gonzales and top Defense Department and Justice Department officials ‘ over the objections of then-Secretary of State Colin Powell ‘ the Administration took the position that individuals held at Guant’namo Bay and many other detainees were not entitled to the basic legal protections outlined in the Geneva Conventions. The July 7, 2006 memorandum from Deputy Secretary of Defense Gordon England reversed the earlier policy.

The Pentagon memorandum comes on the heels of the Supreme Court’s decision in Hamdan v. Rumsfeld that ruled the military commissions established by President Bush to try detainees at Guant’namo Bay are illegal. Congress has started a series of hearings, including three hearings this week, to decide how to try these detainees. Twenty retired generals and admirals, along with prominent senators such as Armed Services Committee Chairman John Warner, and Senators John McCain and Lindsey Graham, have stated that the court-martial system should be the working model. But at the first hearing on the subject this morning in the Senate Judiciary Committee, Acting Assistant General for the Office of Legal Counsel Steven Bradbury urged Congress to codify the military commissions that the Supreme Court had found to be illegal.

‘It’s time for the government to stop trying to weasel out of obeying the Supreme Court and federal law. The Supreme Court made clear that the government could start putting people on trial at Guantanamo immediately if it follows court-martial procedures. We have the best military justice procedures in the world, but the Justice Department is telling Congress to use a broken system instead of the best one.’

View with comments

Terror suspects face possible abuse, court told

Its not only bankers!

Mr Fitzgerald said that the US promises of fair treatment could not be depended upon. “The court should not rely on assurances of that sort,” he said.

From The Guardian

Two British terror suspects being held for extradition to the US could face human rights violations if deported, the high court was told today. Babar Ahmad and Haroon Aswat would face “a real risk of fundamental injustice and discriminatory treatment” if they were sent to the US under the controversial 2003 Extradition Act, says their lawyer, Edward Fitzgerald QC.

The act allows criminal suspects to be deported from the UK to the US if American investigators can present a prima facie case against them, but a planned reciprocal arrangement has been blocked by the US Congress.

(more…)

View with comments

Italy defense official denies involvement in CIA rendition of Egyptian cleric

From The Jurist

The government of Italy was not involved in and did not know in advance of the CIA’s alleged extraordinary rendition of an Egyptian cleric, an Italian defense official told legislators Tuesday. The official, Giovanni Lorenzo Forceri, told Italian Senate committees investigating the alleged kidnapping that Italy has never “accepted or practiced” such techniques of fighting terrorism and that its Military Intelligence and Security Service (SISMI) learned about the kidnapping only after it had occurred in 2003. The cleric, Osama Moustafa Hassan Nasr, also known as Abu Omar, was allegedly taken from a Milan street and then flown to Egypt, where he was tortured. Silvio Berlusconi, then Italy’s prime minister, called the alleged kidnapping a violation of Italy’s sovereignty, and Forceri said Tuesday that current Prime Minister Romano Prodi supports the investigation.

Last Wednesday, police arrested two Italian intelligence officers, including a senior official, suspected of collaborating with CIA operatives in the alleged rendition. Arrest warrants have been issued for 26 Americans, most of them CIA agents, said to have been involved in the abduction. The Italian justice department has said it would not seek their extradition, but they may be prosecuted in absentia.

View with comments

“We need another Dickens”

New Labour are not as stupid as they seem. I have now had a chance to take legal advice, and that advice is as follows. To defend this case would cost the price of a London house. I don’t have a house, in London or anywhere else. I am therefore obliged to give in to force majeure and remove some of the documents from my own site. This reeking government is therefore able to mask its stink on this particular miniscule corner of the internet.

Here is another piece of legal advice I received. Copyright cases cover one instance of publication in one place. Anyone else who has published any government documents that might be Crown Copyright, or not, (and I believe there are hundreds of thousands of documents on the web on which the government could, by the argument in Mr Buttrill’s letter, claim copyright), is an individual case and can wait to hear from Mr Buttrill.

Force Majeure wields a two-edged sword.

Craig

View with comments

And which court ruling is that?

From: craig

To: Gareth Buttrill

Sent: Friday, July 07, 2006 2:56 PM

Subject: Re: Infringement of Crown Copyright: letter before claim

Mr Buttrill,

As no court has ruled on anything, I would like to know by what power you, acting for the government, can tell me what I “must” do in this respect. I am putting that question formally to you as a government servant and it is not rhetorical; I require an answer.

I find the increasing authoritatianism of government in this country deeply disturbing. I will consider carefully your points once I can get proper legal advice, and not before. It should not take too long.

I am now late for collecting my duaghter.

View with comments

FCO moves to obtain court injunction against online Murder in Samarkand documents!

The PDF file of the full letter can be read or downloaded from here

Update: As it turns out, an increasing number of sites seem to have been hosting the same documents already. Some links to these other sites have been assembled here.

View with comments

Police report: foreign policy helped make UK a target

From The Guardian

The effect the war in Iraq has had on motivating Muslims planning acts of violence in the UK is underlined to senior Scotland Yard officers in a private briefing document compiled by anti-terrorist specialists.

The document, marked “restricted”, says the conflict in Iraq has had a “huge impact”. It explains that British policy over Iraq and Palestine is used by terrorists to justify their violence, and early progress in reducing the threat to the UK is not expected.

After the London bombings, British counter-terrorism officials intensified their efforts to understand why some Muslims turned to violence. The document, which has been seen by the Guardian, is the product of that work, and was completed within the past three months before being distributed to senior officers across London. The document says in a headline introducing one section: “Foreign policy and Iraq; Iraq HAS [its emphasis] had a huge impact.”

It continues: “Iraq is cited many times in interviews with detained extremists but it is over-simplistic to describe terrorism as the result of foreign policy. What western foreign policy does provide is justification for violence …”

It says changing jihadist attitudes is a long term issue: “Whatever preventative measures are taken or discussed around the world, none are comprehensive and early results are not expected. Many jihadists do not feel that ‘winning’ is important because God will see to that eventually – what is important is ‘taking part’.”

The report says the removal of grievances the jihadists use to justify violence will take time: “What will change them – gradually – is argument, the removal of justifying causes (Palestine, Iraq), the erosion of perverted beliefs and day-to-day frustrations.”

In a speech weeks after London was attacked, Tony Blair said it was not the Iraq war but an evil ideology that was to blame for attacks on Britain: “If it is Iraq that motivates [the bombers], why is the same ideology killing Iraqis by terror in defiance of an elected Iraqi government? What was September 11 2001 the reprisal for?”

The police document says terrorist anger at UK foreign policy “masks” other motives, which are “insecurity and fear, loss of identity through encroaching secularism and a sense of cultural failure, past and present … Hatred of the west may be characterised as transferred self-blame and self-hatred.

“All that said, though, it is still important to a) continue to explain foreign policy, b) accept failings and disappointing results, and c) remember that a few seconds of film footage showing ill-disciplined behaviour by allied troops has more impact than thousands of well-argued words.”

The last point is believed to be a reference to allegations of UK and US troops ill treating and even killing Iraqi civilians, and to the Abu Ghraib prison abuse scandal.

There has been debate among counter-terrorism experts about the extent to which Britain’s foreign policy has made it a terrorist target. One counter-terrorism source said: “We should not slavishly follow the government line. It damages our ability to do our job.”

View with comments

A public enquiry for 7/7: One year on the need is still as great

To: The British Government

We, the British Public, call for a fully comprehensive Public Inquiry into the July 7th 2005 London Bombings.

Only this can provide us with the information we need as to what actually happened, how it happened and why it happened so that we will be better prepared to prevent such a tragedy happening again.

We, the Public were attacked. We, the Public have questions. We, the Public want our questions answered, independently, transparently and honestly.

Sincerely…

To sign the petition go here

To read more from one of the survivors go here

View with comments

Italians arrested over CIA kidnapping

By Ann Cahill in the Irish Examiner

TWO Italian intelligence officials have been arrested for allegedly helping the CIA to kidnap a terror suspect

Prosecutors also said they were seeking the arrest of four more Americans as part of an investigation into the alleged CIA kidnapping of an Egyptian cleric in Milan in 2003.

A statement released in Milan said three were CIA agents, while the fourth American worked at the joint US-Italian air base of Aviano, where the Egyptian was allegedly taken after his abduction. The statement also said that two Italian officials with the SISMI intelligence agency were placed under arrest. They were the first Italians to be involved in the probe.

(more…)

View with comments

Murder In Samarkand – Supporting Documents Released Online!

Craig Murray’s book, ‘Murder In Samarkand’ has now been printed and review copies go out to the press early next week. The official documents, memos, and telegrams that provide the supporting evidence and background for the book can now be accessed from here…

http://www.craigmurray.co.uk/documents/docs.html

View with comments

Checking the Decider

By Eugene Robinson in the Washington Post (June 30)

Finally.

It seemed almost too much to hope for, but the Supreme Court finally called George W. Bush onto the carpet yesterday and asked him the obvious question: What part of “rule of law” do you not understand?

The justices rejected the kangaroo-court tribunals the administration had planned for the detainees who have been held for years without charges at Guantanamo Bay — proceedings engineered to have the appearance of due process but not the substance. The ruling is a complicated, nuanced set of concurrences and dissents that will take some time to fully digest, but the fundamental message is clear: Despite his outrageous claims of virtually unlimited presidential power, the self-proclaimed Decider doesn’t get to decide everything.

“Congress has not issued the Executive a ‘blank check,’ ” Justice Stephen Breyer wrote in his opinion. Has anyone broken the news to poor Dick Cheney?

(more…)

View with comments

UK parliament publishes damning report on Blair’s foreign policy

The Foreign Affairs Select Committee of the UK parliament has published their latest report which confirms, yet again, the tragically obvious. The invasion of Iraq has provided a tremendous boost to Al Qaeda and violent extremism, the west is losing the propaganda war, Guantanamo Bay is a fabulous recruiting symbol (for terrorism), and people in the UK are at a significantly greater threat now due to the policies adopted by Tony Blair.

The report also calls for the UK and US to stop interferring in Iraqi politics, for the UK government to set out the circumstances under which it would withdraw its troops, and for the regulation of mercenaries in Iraq and elsewhere.

“The Committee concludes that al-Qaeda continues to pose an extremely serious and brutal threat to the United Kingdom and its interests, and that it will become more difficult to tackle the threat of international terrorism. The Committee also says that the situation in Iraq has provided both a powerful source of propaganda and a crucial training ground for international terrorists. Progress towards resolving key international conflicts would go some way towards removing the widespread feelings of injustice in the Muslim world that feed into causes of and support for terrorism. (Paragraphs 15, 21, 30)

The continuing deterioration of the security situation in Iraq is extremely worrying, as are the deepening sectarian and ethnic conflicts. Relying on Kurdish and Shia communities to build up the Iraqi Security Forces has contributed to the development of sectarian forces, and the Committee recommends that the Government must continue to work with its international partners to address this problem. Similarly, the Government should do all it can to facilitate the UN’s role in Iraq. The Committee reiterates its predecessor’s conclusion that the international community, particularly the US and UK, must refrain from interfering in Iraqi politics. (Paragraph 232, 238, 261)

The Committee recommends that the Government should set out in its response to the report the circumstances under which it would withdraw British Forces from Iraq, and sets out several other issues it would also like the Government to address in the response, including the level of detentions by coalition forces, where it recommends that wherever and whenever possible detainees should be handed over to the Iraqi government for trial; that the government should set out the number detained and the basis for their detention; and the slow progress towards resolving the issue of how to regulate private military and security companies, which are increasingly being used in Iraq and elsewhere.(Paragraphs 245, 247, 253)”

Riding pillion in the US ‘war on terror’ and the invasion of Iraq was predictable strategic folly. Yet despite overwhelming evidence of the disastrous effects on national security, our parliamentary system continues to show a stunning inability to self-correct its failed trajectory. For example, as of this post, the monitoring of EDM 1088 still shows only 157 signatures. Its just one indicator of the inertia and ostrich-like behaviour that besets the bulk of New Labour, and New Tory.

View with comments

Judges cut through the hysteria of rulers made tyrants by fear

By Simon Jenkins in Times Online

Thank God for lawyers. When elected legislators fail in their duty to check executive power, judges must step forward or democrats will rely on soldiers or mobs.

In both Britain and America this past week, judges have begun to curb injustices invoked in the name of counter-terrorism by the Blair and Bush administrations in the years since 9/11. The British High Court’s ruling on ‘control orders’ and the US Supreme Court’s judgment on Guantanamo have demanded human and judicial rights against governments overreacting to Islamic violence. The calls have been modest, but they have begun.

In Britain, ministers had assured critics that orders for house arrest of suspects would be subject to judicial oversight. Now that oversight has occurred they are furious and will appeal (and doubtless change the law if they do not get their way). A heavy duty rests on the law lords.

Five years after 9/11 and one year after 7/7, the so-called ‘war on terror’ is acquiring a narrative. It started with an outrage and moved swiftly to belligerent retaliation, including the killing of thousands of non-participants. This led to a burst of repressive authoritarianism as embarrassed leaders sought to reassure the public while enhancing their power as ‘commanders in chief’. The narrative has now matured into trench warfare between that power and constitutional roadblocks meant to limit it.

(more…)

View with comments

Henry Porter and Tony Blair: The letters

This exchenge of letters between Henry Porter to Tony Blair were published in The Observer earlier this year.

From: Henry Porter To: Tony Blair Re: Liberty

Dear Prime Minister,

Nine years ago, as I watched you arrive at the South Bank on the night when you became Prime Minister, I would never have imagined that I’d come to view you as a serious threat to British democracy. But regrettably I have. Either by accident or design, your ‘modernising’ Labour government has steadily attacked our rights and freedoms, eroding the Rule of Law and profoundly altering the relationship between authority and the people.

Successive laws passed by New Labour have pared down our liberty at an astonishing rate. The right to trial by jury, the right to silence, the right not to be punished until a court has decided that the law has been broken, the right to demonstrate and protest, the presumption of innocence, the right to private communication, the right to travel without surveillance and the details of that journey being retained – all have been curtailed by your legislation.

While hearsay has become admissible in court, free speech is being patrolled by officious use of public order laws. In Parliament Square we now see people parading with blank placards to make the point that they are not allowed to demonstrate within one kilometre of the Square under the new Serious Organised Crime and Police Act (SOCPA). And this in the land once called the Mother of Parliaments.

For a democrat, this is all profoundly troubling. I hope that you believe you are acting in good faith; that you are simply motivated by the need to respond to the threats of terrorism and organised crime and the nuisance of anti-social behaviour, but I wonder if you have any idea of the cumulative effect of the 15 or so bills which have incrementally removed or compromised our liberties.

(more…)

View with comments

Charged for quoting George Orwell in public

From The Independent

In another example of the Government’s draconian stance on political protest, Steven Jago, 36, a management accountant, yesterday became the latest person to be charged under the Serious Organised Crime and Police Act.

On 18 June, Mr Jago carried a placard in Whitehall bearing the George Orwell quote: “In a time of universal deceit, telling the truth is a revolutionary act.” In his possession, he had several copies of an article in the American magazine Vanity Fair headlined “Blair’s Big Brother Legacy”, which were confiscated by the police. “The implication that I read from this statement at the time was that I was being accused of handing out subversive material,” said Mr Jago. Yesterday, the author, Henry Porter, the magazine’s London editor, wrote to Sir Ian Blair, the Metropolitan Police Commissioner, expressing concern that the freedom of the press would be severely curtailed if such articles were used in evidence under the Act.

Mr Porter said: “The police told Mr Jago this was ‘politically motivated’ material, and suggested it was evidence of his desire to break the law. I therefore seek your assurance that possession of Vanity Fair within a designated area is not regarded as ‘politically motivated’ and evidence of conscious law-breaking.”

Scotland Yard has declined to comment.

Enemies of the state?

Maya Evans 25

The chef was arrested at the Cenotaph in Whitehall reading out the names of 97 British soldiers killed in Iraq. She was the first person to be convicted under section 132 of the Serious Organised Crime and Police Act, which requires protesters to obtain police permission before demonstrating within one kilometre of Parliament.

Helen John 68, and Sylvia Boyes 62

The Greenham Common veterans were arrested in April by Ministry of Defence police after walking 15ft across the sentry line at the US military base at Menwith Hill in North Yorkshire. Protesters who breach any one of 10 military bases across Britain can be jailed for a year or fined ‘5,000.

Brian Haw 56

Mr Haw has become a fixture in Parliament Square with placards berating Tony Blair and President Bush. The Serious Organised Crime and Police Act 2005 was designed mainly with his vigil in mind. After being arrested, he refused to enter a plea. However, Bow Street magistrates’ court entered a not guilty plea on his behalf in May.

Walter Wolfgang 82

The octogenarian heckled Jack Straw, the Foreign Secretary, during his speech to the Labour Party conference. He shouted “That’s a lie” as Mr Straw justified keeping British troops in Iraq. He was manhandled by stewards and ejected from the Brighton Centre. He was briefly detained under Section 44 of the 2000 Terrorism Act.

View with comments

World skeptical over Guantanamo Bay ruling

From seattlepi.com

LONDON – Some saw the beginning of the end for Guantanamo Bay, others a vindication for Europeans who have condemned the U.S. prison camp. Still others saw a toothless ruling that will ultimately make no difference in a climate where they believe Washington is determined to have its way.

The U.S. Supreme Court’s ruling Thursday that President Bush overstepped his authority in ordering military trials for a handful of Guantanamo Bay detainees provoked a range of reactions, from jubilation to deep skepticism.

In immediate terms, the decision will simply force the United States to look for other ways to try some 10 men charged with crimes. But some people saw wider implications – predicting it could force the Bush administration to address the continued detention of about 430 others, many held for more than four years without charge.

“A lot of us remain skeptical of what this decision will actually accomplish because it only applies to the handful of men who have been charged and Bush has not respected past court decisions,” said Moazamm Begg, 37, who was held at Guantanamo for more than two years. “That said, I’m very glad to hear the news and hope it will be the beginning of the end for many of these men.”

The camp has been a delicate diplomatic issue between the United States and Europe, where Britain’s Attorney General Lord Peter Goldsmith said America had betrayed its own principles of freedom, liberty and justice.

German Chancellor Angela Merkel had also called for the camp’s closure. Prime Minister Tony Blair, Bush’s closest ally in the war against terror, even called the camp an anomaly.

(more…)

View with comments

Blair’s Big Brother Legacy

As the two UK by-election results last night demonstrate, Blair cannot hold on to power for much longer – but just what will his legacy be?

By HENRY PORTER in Vanity Fair

In the guise of fighting terrorism and maintaining public order, Tony Blair’s government has quietly and systematically taken power from Parliament and from the British people. The author charts a nine-year assault on civil liberties that reveals the danger of trading freedom for security’and must have Churchill spinning in his grave.

In the shadow of Winston Churchill’s statue opposite the House of Commons, a rather odd ritual has developed on Sunday afternoons. A small group of people’mostly young and dressed outlandishly’hold a tea party on the grass of Parliament Square. A woman looking very much like Mary Poppins passes plates of frosted cakes and cookies, while other members of the party flourish blank placards or, as they did on the afternoon I was there, attempt a game of cricket.

Sometimes the police move in and arrest the picnickers, but on this occasion the officers stood at a distance, presumably consulting on the question of whether this was a demonstration or a non-demonstration. It is all rather silly and yet in Blair’s Britain there is a kind of nobility in the amateurishness and persistence of the gesture. This collection of oddballs, looking for all the world as if they had stepped out of the Michelangelo Antonioni film Blow-Up, are challenging a new law which says that no one may demonstrate within a kilometer, or a little more than half a mile, of Parliament Square if they have not first acquired written permission from the commissioner of the Metropolitan Police. This effectively places the entire center of British government, Whitehall and Trafalgar Square, off-limits to the protesters and marchers who have traditionally brought their grievances to those in power without ever having to ask a policeman’s permission.

The non-demo demo, or tea party, is a legalistic response to the law. If anything is written on the placards, or if someone makes a speech, then he or she is immediately deemed to be in breach of the law and is arrested. The device doesn’t always work. After drinking tea in the square, a man named Mark Barrett was recently convicted of demonstrating. Two other protesters, Milan Rai and Maya Evans, were charged after reading out the names of dead Iraqi civilians at the Cenotaph, Britain’s national war memorial, in Whitehall, a few hundred yards away.

On that dank spring afternoon I looked up at Churchill and reflected that he almost certainly would have approved of these people insisting on their right to demonstrate in front of his beloved Parliament. “If you will not fight for the right,” he once growled, “when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves.”

(more…)

View with comments

EU members urged to admit to CIA renditions

From The Guardian (June 28, 2006)

‘ States under pressure to come clean on complicity

‘ Rights watchdog proposes new national security laws

More than a dozen European governments yesterday came under severe pressure to own up to their secret services’ role in handing over suspected terrorists to US intelligence after Franco Frattini, the EU justice commissioner, admitted for the first time that European territory had been used for “extraordinary renditions”.

As the Council of Europe, Europe’s leading human rights watchdog, voted to continue its inquiry into CIA secret flights, Terry Davis, the secretary general, proposed laws to control national security services and revised safeguards on the use of civil and military aircraft.

Mr Frattini’s intervention came as parliamentarians voted overwhelmingly to approve a report by Liberal Swiss senator Dick Marty that “named and shamed” 14 European states, including Britain, Germany and Sweden, and watched a video containing direct testimony on secret detention and torture from two survivors.

(more…)

View with comments