Author: welland2

Data Retention Act


Last week, the Government announced that the Data Retention and Investigatory Powers Bill (DRIP) #DRIP is to be rushed through Parliament with almost no time for debate.  Various human rights groups, including Amnesty International, have launched a case against the Government to the Investigatory Powers Tribunal.

Why the panic?  The need for a law arose because the European Court of Justice in April nullified existing data retention powers.  The obvious question therefore  is why wasn’t something done before?  David Davies MP has called this rush to legislate ‘a theatrical emergency’.  Tom Watson MP said it was a ‘stitch up.’

wire tap imageThe Snowden revelations have shown the extent and reach of interception by the Government to be on an enormous scale.  Over half a million requests for data have been made.  It was revealed that RIPA — the act which is supposed to limit how much snooping can go on — is widely sidestepped because emails, Skype calls, Facebook messages and tweets are routed through American servers and are thus exempt.  Cables which carry traffic across the Atlantic are tapped by GCHQ.

In parallel with this panic legislation, is the scandal concerning alleged child abuse activity in Parliament.  Here, the files have disappeared or have been shredded.  In recent years we have had the expenses scandal, the Leveson enquiry which exposed serious wrongdoing in the Metropolitan police, government and the Murdoch group and now the child abuse allegations. Files possibly revealing extraordinary rendition flights to Diego Garcia are also believed lost.

Yet we are invited to give the government more — or rather reinstate — powers lost because of the CJEU judgement.  It is to be hoped that even at this late stage, parliament will act to prevent further intrusions into personal liberty in the name of catching ‘terrorists, serious and organised crime and paedophiles’.  Interesting that arms dealers were not on the list.

It may be worth recalling the words in a report by the International Commission of Jurists, the Geneva based NGO, which carried out a three global study on the ‘War on Terror’.

In the course of this enquiry, we have been shocked by the extent of the damage done over the past seven years by excessive or abusive counter-terrorism measures in a wide range of countries around the world.  Many governments, ignoring the lessons of history, have allowed themselves to be rushed into hasty responses to terrorism that have undermined cherished values and violated human rights.  The result is a serious threat to the integrity of the international human rights legal framework.’

These words are echoed by Dame Stella Rimington the former head of MI5:

”[the Government] … attempt to pass laws which interfere with people’s privacy … it would be better that the Government recognised that there are risks, rather than frightening people in order to be able to pass laws which restrict civil liberties, precisely one of the objects of terrorism: that we live in fear and under a police state.’

Ray Corrigan, Senior Lecturer in Technology with the Open University, writing in Open Minds said;

I would argue there is no balance to be achieved between ‘individual right to privacy and the collective right to security’ [quoting Malcolm Rifkind, chair of the Intelligence and Security Committee].  The collective right to security requires an individual and collective right to privacy.  It is fundamentally incompatible with the rule of law – and a healthy society – to collect information about every member of the population in the hope of conducting post hoc fishing expeditions to look for evidence of misbehaviour. 

At present, the public are surprisingly relaxed about this continuing and increasing intrusion.  If however, a policeman turned up at someone’s doorstep, without a warrant or any reason or cause, and insisted on searching the house and looking through personal documents, there would be an outcry.  Protestations by the policeman that the person ‘might be a terrorist or paedophile’ would be swept aside in a torrent of media and public fury.  MPs would rush to the airways to express their concern and the prime minister would be challenged about it at PMQ.  Yet the routine interception of emails and the like evince almost no concern.  Only a handful of MPs are likely to vote against the Government.  Yet ultimately, what is the difference between a policeman on the doorstep and the state bugging your phone?

View the South region site

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Meeting: update


We held our monthly meeting this evening Thursday, 10th July.  Among the matters discussed were the following:

  • Market stall.  This took just over a £100 and is well below the results of previous years.  The usual crowd of people waiting for us to open and almost climbing into our cars, was absent this year.  The main reason was lack of stock.
  • Death penalty #deathpenalty.  Lesley reported it was relatively quiet this month.  The ‘World Day Against the Death Penalty‘ is coming soon and a meeting will be held in the Black Horse at Great Durnford to plan actions.  [The DP report will be a separate post here in a few days]
  • North Korea.  Karen said there were plans to invite a speaker and October 9th or November 13th were likely dates.
  • John Glen.  #HRA The meeting with him [was] on Friday 11th July (details in the previous blog) and he had noted this in his ‘View from the Commons’ piece in the Journal.  Open to Amnesty members and supporters – at the Methodist Church, 7:30.  Lesley circulated a leader in the Guardian commenting on the relevance of the Human Rights Act
  • Conference.  The planned conference in September was not gaining a head of steam Peter reported.  The City Council had given their funds to the Cathedral and were unable to help in other ways such as free use of the Guildhall.
  • Magna Carta #magnacarta.  Peter had held a meeting with Seif el Rashidi and this had been very positive.  They were keen for our involvement and various ideas were discussed.  A group was set up to take these forward.  Once we have a draft plan then we can approach AIUK for help and assistance.  The Cathedral is willing to help with graphics and has offered us a stall.  The involvement of Kate Allen and the discussion between her and Rob Key who is the chair of the Cathedral group was discussed.  Caroline, the regional rep. said that it had been a brief conversation only and that Kate Allen was delighted that the Salisbury group were involved and that they were best placed to take things forward.
  • Strategic issues.  There was a long discussion on strategic issues with Caroline and group members voiced various concerns about lack of response from AI.  Lack of materials was an issue; finding out what was available was difficult; and lack of response another problem.  Caroline responded by saying that the restructuring had had major effects with many staff leaving or being made redundant.  It had also consumed a lot of senior management time.  She will raise these issues nationally and she said they were similar to concerns raised by other groups.  Southern region news can be found here.
  • Web site.  217 views of the site since launch.  Most from the UK as expected with 12 from USA and 11, Brazil.  People from 19 countries were now shown as viewing it.  There 18 blog followers; 8 twitter followers and 3 from Facebook.
  • Stop Torture.  A possible date for a stall on 15 November was discussed.
  • Citizenship.  This to be taken forward with Bishop Wordsworth.  The competition will be repeated this year with more schools involved.

Minutes will be posted soon.

View the South region site of Amnesty

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Human Rights Act


Next week we hope to hear John Glen MP (member of Parliament for Salisbury) explain his wish to see the Human Rights Act #HRA repealed.  The original idea was the act to be repealed in favour of a bill of rights which the UK has never had.  This died the death in 2012 yet many on the government’s front bench and many back benchers – including Mr Glen – want to see the HRA got rid of without being that clear on what would replace it.

In a leader in the Guardian on July 4, the European convention on human rights is described thus:

‘… it distilled the protections that the English common law had evolved over the centuries, as a gift to a broken continent.  […] after two-thirds of a century, by now it might have been edging towards sacred status.  Instead it is widely derided.  The Conservative party is gripped by a decidedly unconservative urge to chuck this product of experience out of the British courts by repealing the Human rights Act, which incorporates it into British law.  The Home Secretary floats the idea of walking away from the convention entirely, a suggestion that the Tory right is bent on getting into the next manifesto.’ 

Like all laws, it has its absurdities and some questionable decisions are arrived at using it.  Nevertheless, it embodies fundamental rights of the citizen and enables them to challenge decisions made by the state or its agencies.  It is probably this ability which so narks those in positions of power.  We learned this week how a collection of mega-wealthy individuals paid £12,000 (about $18,000) each to have a meal with David Cameron and some of his ministers.  Huge efforts were made to keep this secret but the Bureau of Investigative Journalists secured the guest list.  Such people are unlikely to be that sympathetic to those at the bottom of the heap or who struggle to have their voices heard.  Nor can we rely on the Labour party who are organising their own dinner and are busy courting the corporate community.

As the political class drifts away from the concerns and problems of ordinary people it is acts like the HRA which gives them – occasionally – some kind of chance to even the balance.

 

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Market stall


On Saturday, 22 June, we held our annual stall in #Salisbury market place to raise funds.  We were in a new position this time following the new layout of the market square.  Quieter than usual, and for the first time, we did not have the queue of people anxious for us to start.  We also suffered from a shortage of stock.  Despite this, there was a steady stream of people and we took £110.   This is much lower than previous years and was due to a shortage of stock.

Thanks to Michael and Yvonne P; Andrew; Eddie; Judy; Diana; Peter; Lesley; Tony.

Amnesty stall

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Death penalty


DEATH PENALTY SUMMARY – JUNE 2014

No to the death penaltyGeneral 

  • USA
    • Tennessee – are reported to be considering bringing back the electric chair in the light of the recent difficulties with the use of lethal injections
    • Wyoming – are reported to be considering using a firing squad
    • New Hampshire – disappointingly, the second attempt at the repeal of the death penalty was defeated in the Senate on 22nd May. The death sentence remains.
    • Missouri – a stay of execution was granted for Russell Bucklew on 22nd May following his claim that a congenital illness would probably cause additional suffering under the current regime of lethal injection
    • A report appeared on Google that the US Supreme Court has said states must look beyond an intelligence test score in borderline cases of mental disability to determine whether a death row inmate is eligible to be executed

Urgent Actions 

  • #Sudan – Meriam Ibrahim – a Christian woman has been sentenced to hang (and to a flogging) for the ‘apostasy’ of marrying a non-muslim, and for refusing to renounce her Christian faith.  An AI email UA was circulated to the DPLWG on 26th May.  Information in media on 31.5.14 that she was to be released but there are doubts as to the truth of this.  Note – Nesrine Malik expressed concern in the Guardian (4.6.14) that western media are harming Meriam’s chances of release.  Initial local opposition had been having an effect, and Government pride is an issue.  She criticised David Cameron’s approach.  Latest news – Meriam gave birth in chains. She is to be hanged in 2 years.

 

  • # USA – Florida – Michael Duane Zak – UA 140/14 – has exhausted his ordinary court appeals and is seeking executive commutation of his death sentence of life imprisonment. Circulated to DPLWG 28.5.14 (this month’s Urgent Action)

 

  • #Iraq – UA 151/13 – Osama Jamal ‘Abdullah Mahdi’s files are now with the office of the President for review. If his death sentence is ratified, he could be executed at any time. Circulated to DPLWG 30.5.14

 

 Campaigning 

  • Hakamada Iwao – information has been received from Caroline Butler that the Devizes Group have been in contact with AI in Japan in order to send cards and messages to Hakamada. Would the Salisbury Group like to do so?

 

  • #Belarus – a response has now been received from SCT with contact details of Barry Hay for seeking further advice – an email was sent on 10th June. Note: 

 

Belarus is the last UN member state in Europe to have retained the death penalty.  In 2013 there were no reported executions, but the death penalty was reinstated this year, and to date two men are believed to have been executed. Death row prisoners receive no advance notice and are executed by a bullet through the back of the head. This month the UN Human Rights Council will be focusing on the human rights situation in Belarus – making it a particularly appropriate time for action by Amnesty.

 

 

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Monthly meeting – update


The monthly meeting took place on Thursday, 12 June.

The following were discussed:

  • there was an update on the death penalty from Lesley and her report will be a separate post in a few days.  It was noted that the Devizes group were active with Hakamada Iwao who was probably the longest serving prisoner on death row but is now on release.  We are waiting advice from AIUK on the campaign in Belarus
  • an email has been received from Kenny Latunda Dada concerning North Korea and he has a speaker on that country.  This will be investigated
  • John Glen MP.  11 July has been confirmed for him to speak to the group which will be in the Methodist Church at 7:30.  It is restricted to members and supporters.  We are to let AIUK know of this event
  • Unfortunately the regional rep could not come to this meeting but is coming to the next
  • Peter said he had received no copy from anyone and was reluctant to write an entire newsletter.  It was agreed that it would wait until after 11 July
  • Magna Carta.  The group were very disappointed not to have heard from AI HQ following the contact Kate Allen had made with Robert Key.  Fiona is to write to the regional rep to complain.  Peter is to contact the manager of the MC event being organised by the cathedral.  It was unlikely that there would be any money coming from the City Council as they had awarded money to the Cathedral project
  • Cathedral service in November: Tony is to follow up
  • Film.  Omar has been agreed on as this years film.  More details in future.  To be shown on 4 December
  • The stall is on Saturday 21st!
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Meeting with John Glen MP: update


The MP for Salisbury, #JohnGlen, has agreed to come and speak to the Salisbury group on Friday 11 July starting at 7:30 pm.  It will be in the Methodist Church in St Edmund’s Church Street, Salisbury.  Parking is in Salt Lane car park.

We invited Mr Glen to speak to the group following his various statements saying he wished to see the Human Rights Act abolished #HRA.  It is about this subject that we want to hear his views and for members to ask questions if they wish.

Open to members and supporters.

UPDATE

Mr Glen came on 11th and members had the opportunity to put points in favour of the HRA to him.  A fuller report will be placed here soon.

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Sudan


The case of Meriam Ibrahim has shaken the world and there have been many calls for her to be released from prison.  The basic facts seem by now to be familiar although there are some differences on details depending where you look.  Over 150,000 signed Amnesty International’s petition and there has been widespread coverage including by the tabloid press in the UK.

She is to receive 100 lashes for adultery and it has to be made clear that it is not adultery as we in the west know it – that is having sexual relations with, in this case, a man not her husband – but the act of marrying a Christian.  In two years she will be executed for apostasy.  On 27 may she gave birth whilst chained to her bed in what has been described as primitive conditions.

The issue of the death penalty for apostasy seems far from clear and some experts say that the relevant hadith actually allows someone to renounce their faith without the penalty of death.  Others say differently.  Another relevant fact which did not receive that much coverage is that it was a complaint made by a relative that caused her to be arrested and tried for apostasy.

Of course Sudan sees it differently and the embassy in Washington DC claims that her real name is not Meriam Ibrahim but Abrar Elhadi Muhammad Abugadeen although it does not explain the significance of this.  What is significant in their view is that it is not a political or religious issue but a legal one.  The problem with this in an Islamic country is distinguishing the difference particularly where the president is keen to make Sudan an Islamic state.  Indeed, one commentator suggests that it is an attempt to distract people from other problems and to be able to claim he is a ‘defender of Islam.’

The media has for the most part, focused on this one woman and ignored the wider context.  An exception is Time Magazine and an article by Kimberly L Smith who argues that ‘fundamentally, the crisis in Sudan is not one of religion but a complete disregard for the dignity of life, particularly female life’ (May 16, 2014).  She goes on to describe in horrific detail the treatment of women and some men in that country because they had the wrong skin colour.  Her descriptions come from working for 10 years in the Sudan.

Once Meriam became a cause célèbre and featured on the front pages it was not long before politicians joined in and all three UK party leaders were loud in their condemnations.  By contrast, a quick look at Amnesty’s web site under, say, Saudi Arabia, reveals two recent cases which are relevant.  One is of a Filipino women sentenced – after an unfair trial with no legal representation and who cannot speak Arabic – to 18 months and 300 lashes of which 50 have already been administered (23 May).  Another is an outrageous sentence of 1,000 lashes and 10 years in prison given to a man who set up an on-line forum allegedly because it ’insulted Islam’ (7 May).  Both are prisoners of conscience.   There are pages of these but when did you hear of protests from our party leaders about any of them?

It is encouraging to see international protests and we hope for a successful result.  But in a thoughtful piece in the Guardian by a Sudanese writer, Nesrine Malik, she argues that these public interventions can be counterproductive.  There is the sensitivity she says of Sudan being an ex-colony.  She also argues that a lot of these dramatic sounding sentences are because the ‘authorities in a sudden fit of piety pass the harshest sentences, ones rarely carried out, to prove the Islamic project still exists.’  Whereas a private phone call would be made to Saudi Arabia or Bahrein, David Cameron and the other leaders chose a more public condemnation which according to Malik went down badly in Khartoum.

Condemning barbaric sentences is right but there does need to be a degree of even handedness.  There were 21 executions in Sudan last year, only slightly fewer than Saudi which are carried out in public.  Publicly condemning one country while courting another is not helpful.

 

 

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