Tag: politics

The Death Penalty Debate: Kamala Harris and Executions


Five executed in one week. Kamala Harris silent

September 2024

After spending one and a half hours unsuccessfully trying to find a vein, sticking the needle into various parts of his body including arms, neck and feet, they suspended the prisoner upside down for 20 minutes in the hope of finding one but failed to execute him and returned him to his cell. Two years later they used nitrogen hypoxia after which he shook for 2 minutes and after six minutes of gulping, he died. Thus ended the life of Allan Eugene Miller on Thursday last week (26th September).

This is not a description of an execution from some barely civilised country but in USA in the state of Alabama. It was one of 5 executions last week the others being Emmanuel Littlejohn; Travis Mullis; Marcel Williams and Freddie Owens.

The case of Marcel Williams, 55, is particularly troubling since he was almost certainly innocent. Despite copious blood at the scene, none matched his DNA. Key evidence was either lost or destroyed. Witnesses had an incentive to give false evidence to receive a $10,000 reward.

Republican prosecutors seemed to have become more aggressive in pushing for the ultimate penalty. This may be linked to current politics and ‘Make America Great Again‘ rhetoric from Donald Trump. During his time as president, he altered the composition of the Supreme Court which now has an ultra-right super-majority.

Anyone who has followed Clive Stafford-Smith or read his books will know the process is far from perfect in many states in the Union. Poor trial procedures, withheld evidence, packed juries and defendants represented by inexperienced lawyers are not at all unusual. Many states have abandoned the death penalty but a number still keep it of which Alabama is one. It is no accident that despite only representing 13% of the population, 34% of black people are on death row.

There are many who believe the penalty is a deterrent. The problem of course is that mistakes cannot be put right. As the Death Penalty Information Center points out, since 1973, 200 former death row prisoners have been found innocent of all charges.

The issue has become a political one. It has been noted that Kamala Harris, the deputy president standing for election to become the president this November, makes no mention of abolition in her speeches or literature. She opposed the penalty in 2019. However, the promise to do so has not survived. This shift partly results from a change of mood following some high profile police murders. Trump is solidly in favour as part of his ‘tough on crime’ policy. There is a lot of discussion in the American press and there are suggestions that such a principled stand was not popular even with fellow Democrats.

Sources: Death Penalty Information Center; Washington Post; The Guardian; NBC; Amnesty International; Mother Jones.

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Burma: a forgotten conflict


Violence continues in Burma while the West does little

August 2024

One thing which helps a tyranny to survive and prosper is for people to look the other way. In Burma, the military has held sway for many years now and there was a belief that they were invincible and would eventually win. Three million have been displaced according to the Burma Campaign although the UN calculates the figure to be 2.3 million. Burma seldom makes the news and certainly not in comparison with Gaza and Ukraine. This relative obscurity has enabled the military, the Tatmadaw, to continue its murderous campaign and the assumption of their eventual victory meant countries and companies kept their powder dry in terms of its relations with them.

The previous UK government’s responses ‘slowed to a standstill’ according to the Burma Campaign in their latest campaign news (Issue 46, 2024). A crucial issue was the supply of jet fuel and there has been a campaign to stop the supply of this fuel which is used by the military to bomb schools, hospitals and villages. At a meeting of the UN Security Council in April, the USA and Malta called on the Council to take action to stop the supply of this fuel. In itself this was a huge step. The UK government did not support this move and unfortunately, Britain leads on Burma in the Security Council (ibid).

The lack of attention by the British media meant little pressure was put on the Conservative government to take an active role. We now have a new government and Burma News asks ‘What does the new government mean for UK Burma policy?’ It is of course early days but it does not look promising. Sir Keir is focused on the domestic agenda but has spoken on the plight of the Rohingya in the past. Disappointingly, the Foreign Secretary, David Lammy has shown no interest both recently and while he was in opposition. Other Labour politicians have offered some support but they do highlight Rushanara Ali MP who was very active and was chair of the All-Party Parliamentary group on Burma and Rohingya. She is now a housing minister so cannot continue in that role.

Aung San Suu Kyi became a hero and her time under house arrest attracted considerable international attention and sympathy. It was a huge disappointment to discover upon release that the party she led, the National Lead for Democracy, was vigorously in favour of the Rohingya genocide. She defended the military at the Hague. Although the situation is complex the basic point is that there is no desire by the NLD for Burma to be a multi-ethnic state. They believe the Bamar to be superior and there is a desire is for it to be exclusively Buddhist. The West’s image of Buddhists also came in for a knock. She is however, a popular figure still in the country.

Attitudes and policies may need a rethink however because the military it now appears is losing ground. Far from being invincible, the People’s Defence Forces have been winning back territory in many parts of the country. The UK government’s softly, softly approach and the Foreign Secretary’s lack of interest may need to change.

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Change in position over Israel


Labour government withdraws its objection to an International Arrest Warrant for Netanyahu

July 2024

UPDATE: 6 August. There seem to be suggestions that the government has suspended licenses for arms to Israel. The position is not totally clear but firms are getting messages about a ‘suspension’.

The newly elected Labour government has withdrawn the objection to the International Court of Justice issuing arrest warrants for Benjamin Netanyahu and Yoav Gallant it has just been announced. Following the Hamas atrocity on October 7th last year, Israel has waged a series of attacks on Gaza destroying huge parts of the enclave, destroying all but two of the hospitals and leaving over 38,000 dead. Other estimates suggest the death toll is around 186,000 dead if bodies in buildings are included. This suggests the new government will take a tougher line over Israel’s actions than the previous administration. Israel maintains it is going after Hamas targets but the death toll includes large numbers of children suggesting attacks are not sufficiently targeted. The Conservative government argued that the ICJ did not have jurisdiction over Israel.

There are also suggestions – unconfirmed at present – that the new government may be taking a hard look at weapons sales and perhaps limiting the amount or range that can be sold.

A decision by the ICJ to issue a warrant has not been taken yet.

Mr Netanyahu was in Washington this week and received a standing ovation from Congress. In his speech Mr Netanyahu referred several times to the ICJ and suggested some of the claims made by them and others were false. These included the suggestion that Israel was deliberately starving the people of Gaza claiming that it is ‘utter complete nonsense’ and an ‘complete fabrication.’ Unfortunately, according to agencies on the ground it is not. Only a fraction of the aid is allowed to enter and Israel imposes a constant stream of restrictions preventing significant quantities of aid to enter the territory. Since May, only just over 2,000 trucks have been allowed in. His other claims about sufficient warnings given before civilian areas bombed for example have also been refuted by those on the ground.

Nevertheless, Netanyahu continues to enjoy political support in Washington and his reception in the Congress was rapturous. Outside Congress however, there were loud protests.

It is clear that the activities of the IDF in Gaza and the resulting death toll, is causing serious problems in Western capitals. The indiscriminate bombings are in breach of international law. The shock and sympathy which greeted the appalling attack on October 7th is rapidly disappearing as continuous images of bombed hospitals and civilians fleeing the latest bombing attack are aired.

There will be a demonstration in Bournemouth this Sunday 28th July starting at 12:30 in Bournemouth Gardens.

There will be a peace Vigil again today (Saturday) in Salisbury Market place at 5pm for half an hour.

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Refugee report


Refugee report for June. Rwanda policy abandoned

July 2024

Following the General Election, a new approach to the issue of immigration and asylum seeking has been promised. Straight away the new government declared the policy to deport irregular immigrants to Rwanda would no longer be pursued. It is not known whether Rwanda will return the £270 million received in advance. The new Home Secretary, Yvette Cooper, will review the position by 1st October following complaints from asylum seekers rounded up in preparation for flights to Rwanda. It was also intimated that changes would be made to the Illegal Migration Act of 2023.

Also quickly out of the blocks was a group of some 300 refugee and human rights organisations who jointly wrote to the prime minister with a proposal for a new approach to the issue. And the IPPR have produced a plan for the first 100 days under the new government.

The letter writers set out nine key demands including:

  • Restoring the right to seek asylum by repealing the Illegal Migration and Nationality and Borders Acts
  • Safe routes including visa routes enabling families to reunite.
  • Housing applicants in communities rather than camps.
  • Restoring the right to work within six months of arrival.

The IPPR report notes the new government’s plan to create a Border Security Command, essentially to deal with the people smugglers, but the Institute is looking for a more holistic approach to all aspects of boat crossings and border control. They also point out that the UK will be hosting the European Political Community meeting this month where, among other issues, the new Europe-wide Asylum and Migration Management Regulation will be on the agenda (the aim is to spread the application requirements more fairly.

The Institute also urges the government to expedite removing the backlog of applications (the new backlog, not the one the previous government claimed to have eliminated), offering various suggestions as to ways of doing this.

As a matter of record, the number of claimants crossing the Channel this year is, at over 13,000, a record for the equivalent period. The backlog is now at 120,000, and the number of cases gone to appeal is 27,000.

Andrew Hemming

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Alabama’s third execution this year


Many troubling aspects to this case. Urgent action with full details available here

July 2024

Keith Gavin is scheduled to be executed in Alabama next week on 18 July 2024. He was convicted in 1999 of a murder committed in 1998 and sentenced to death on a jury vote of 10-2 for the death penalty. In 2020, a federal judge found that his legal representation at the sentencing phase had been constitutionally inadequate, but in 2022 the Court of Appeals reversed this decision. International legal standards require that anyone facing the death penalty be provided effective legal assistance at all stages of the case. This standard was not met. We urge the Governor to commute this death sentence.

There are a number of troubling aspects to this case not least the poor and ill-prepared defence (defense) he received. After the trial, appeal lawyers discovered much mitigation evidence not heard by the jury, including multiple psychological risk factors from Keith Gavin’s childhood and adolescence, including his exposure to violence at home and in the community. He was one of 12 siblings growing up in a dilapidated apartment in Chicago’s notorious public housing projects; his closest siblings all had histories of incarceration and drug dependencies. He was subjected to more paternal beatings than the others because he “accepted responsibilities for things he had not done because he felt he was strong enough to accept the whippings”. Outside the home, the exposure to violence took the form of pervasive gang activity. Seven of the 12 children ultimately joined gangs, and several became victims of gang violence.

The Governor of Alabama said “Although I have no current plans to grant clemency in this case, I retain my authority under the Constitution of the State of Alabama to grant a reprieve or commutation, if necessary, at any time before the execution is carried out,” Ivey said in her letter to Alabama Department of Corrections Commissioner John Hamm. (Source: Montgomery Advertiser)

Full details of this case can be accessed here and we urge those reading this to write to the Governor (model letter available) as soon as you can. The US is the only country in the Americas to retain the death penalty.

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Taking the shine off Shein


Test for new Labour government over listing of Shein on LSE

July 2024

The new government – likely to be Labour after the election tomorrow – will have an early test in connection with the Chinese clothing firm Shein which wishes to list on the London Stock Exchange. Both Conservative and Labour politicians have been keen to support the bid whereas Wall Street declined for a variety of reasons and doubts about the firm.

Shein has grown at a phenomenal pace but there are many doubts about its finances. LSE is keen to list the firm and there are a range of banks including Goldman Sachs and JP Morgan ready and willing to assist. Today, it was announced the EU is changing the rules which enabled the firm to import millions of pounds of clothing yet avoid duties because each was individually packed thus taking them under the £135 rule.

But the main problem is how the raw material is sourced and the use of sweat shops via sub-contractors in Bangladesh and Vietnam. As we have noted before, about three quarters of the cotton produced by China comes from Xinjiang where there are credible reports of the use of forced labour. In addition is the appalling treatment of Uyghurs where nearly a million are being persecuted and whose culture is being systematically destroyed. It has been described as a crime against humanity and genocide. Shein rejects these allegations and says it is committed to good governance.

Another problem is that the firm is likely to be audited by one of the big four accountancy firms who have a dismal record when it comes to Chinese firms and have been fined on several occasions for accounting scandals.

The Labour party has been keen to court the City as part of its business friendly policy. Three shadow ministers have met Shein’s chairman. Will they play their part in welcoming Shein to the LSE to keep the city bankers happy or will they look closely at their labour practices, lack of transparency and the probable use of cotton from Xinjiang? Amnesty have said to allow them to list will be a ‘badge of shame’. It will be an early test for the new government: money v. morals.

Sources: Private Eye ; Guardian; Amnesty International; Stop Uyghur Genocide

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Uyghurs win important case


World Uyghur Congress wins important Appeal Court case concerning cotton produced in Xinjiang

June 2024

The dreadful treatment of Uyghurs in Xinjiang province in China is well established and around one million of them are kept in 380 internment camps. They are also used as forced labour in the production of cotton and 85% of China’s cotton comes from this region. This cotton finds its way into western markets and is used to produce clothing on sale in UK shops and elsewhere.

The WUC tried to get the National Crime Agency to carry out an investigation which the declined to do saying that they needed details of specific contracts. This was overturned at the Appeal Court in what is being described as a ‘watershed moment‘ ([2024] EWCA Civ 715). The court said the decision by NCA was ‘illegal’. The cotton produced using forced labour infringes the Proceeds of Crime Act. This is the first successful action in the world and is being regarded as a landmark decision. If a company knowingly uses, or which they suspect to be using, forced labour, then a prosecution can be initiated under POCA.

Needless to say the Chinese are angry and the Chinese Embassy said it was ‘an enormous lie by anti-Chinese elements to smear China’. The problem for the Chinese is that it is a closed region and journalists are not allowed in. Footage that has emerged has been shot clandestinely. There seems little doubt however that the scale of the repression, the attempted destruction of the Uyghur culture including banning the language, and the demolition of hundreds of mosques, represents a major crime taking place in the twenty first century. It is variously described as a crime against humanity and genocide.

A lawyer from the Global Legal Action Network said ‘this litigation has been critical in recognising the mass atrocities being committed against Uyghur and other Turkic Muslim people by the Chinese government, and holding to account those complicit in, or profiting from, these crimes.’ Producers of clothes using Chinese cotton will now have to take extra care that it does not use forced labour. Major high street names are involved.

Sources: Binman’s, Reuters, The Guardian, Law Society Gazette

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The State v. Trudi Warner


Interesting and troubling webinar by the Good Law Project on the case of Trudi Warner

June 2024

Readers will recall that earlier in the year, Trudi Warner stood outside the Inner London Criminal Court and held up a placard telling passers by that juries had the right to vote on their conscience. The trial was taking place of several climate activists and a key issue was that the judge in the case, Judge Silas Reid, prevented the defendants from mentioning that they were campaigning for action on the climate. The worry was that if the jury realised that this was what the defendants were doing, there was a probability that they would acquit. Many websites commenting on this case allege that the judge is against people protesting (which we cannot verify) hence his aggressive threats to defendants and others.

Trudi Warner was then arrested for contempt of court by displaying her placard which states a fact, long established in English law, that juries can indeed vote on their consciences. This was established in the Bushell (sometimes Bushel) case of 1670, where a judge locked up a jury and deprived them of food and water for disobeying his directions.

Jolyon Maugham of the Good Law Project, said that people had a ‘sweet notion’ of the law which this case cast into doubt. It was one of the factors in the Brexit debate where people often spoke of sovereignty and an aspect of that was hostility to Brussels (actually Strasbourg) telling us what to do. ‘We should have our own laws’ was a frequent refrain. This has re-emerged with the proposed Rwanda flights and a desire by some politicians to come out of the European Convention. There is a deep belief in the primacy of British Justice with its ancient traditions going back to Magna Carta. This and other cases demonstrate that this sanguine view of our justice system is misplaced.

Climate protests

The state has the power to lock people up and juries are a means of tempering this power he said. The plain fact was that the fossil fuel companies mounted well-funded campaigns to promote their activities and frustrate governments trying curb fossil fuel use. There is a close association between government, Big Oil and the media. Sections of the media refer to protestors as an ‘eco-mob’, ‘zealots’ or a ‘rabble’ among other epithets. Fossil fuel companies fund several Tufton Street think tanks with millions, yet TV companies, including the BBC and Channel 4, fail to ask interviewees from them, ‘who funds you?’

The various protest organisations including XR and Just Stop Oil angered government ministers by highlighting the shortcomings of government actions in dealing with the climate crisis. Their activities had also angered members of the public who were sometimes inconvenienced. As ever, a totally peaceful protest is ignored but glue yourself to the pavement and you achieve some publicity.

Arrest

So Trudi Warner was arrested for contempt of court and ended up in the Old Bailey for trial 8 days later. At a permission hearing which establishes whether there is an arguable case, it was thrown out by the judge who said that the ‘government had mischaracterised the evidence‘ and that it was ‘fanciful to suggest that Ms Warner’s actions fall into the category of contempt‘. The government said it is to appeal the decision [before the election was called]. It is ironic to note that a plaque celebrating the seventeenth century Bushell case is fixed to a wall in … the Old Bailey. To remind ourselves – the placard merely pointed out the plain fact that a jury has the right to decide a matter according to its conscience and to disagree with the judge’s direction.

Conclusion

The government has introduced a range of bills which all have an effect of making protest more difficult and risky. Police have been given more powers which they have used in preventing protests from taking place including, for example, at the Coronation. There is a kind of cosy alliance between Big Oil with its range of well-funded lobbyists; a government all too keen to restrict protest, and some media organisations who eagerly demonise protestors and deny climate science. In the process, rights and justice are trampled on. If, as is being predicted, a Labour government comes into power on 5th July, it will be interesting to see if they pursue the appeal. It will a quick test on whether they will follow in the authoritarian footsteps of their predecessors or adopt a more permissive regime. Early signs are not promising as they do not have plans to annul any of the existing legislation.

During the webinar, we saw clips of film of the protests prepared by Page 75 Productions who will be hosting a showing of the full film in September. A video can be accessed here.

Sources: Good Law Project; The Guardian; The Canary; Christian Climate Actions

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Celebrate protest


Amnesty webinar on the state of protest in Europe

May 2024

It seems that the UK is not alone in its attempts to stifle protest and passing laws to restrict individual’s abilities to protest. Recent tensions with ministers and some of their media supporters concerned Extinction Rebellion, Rwanda and the related issue of the boat people and more recently, the events in Gaza and the treatment of the Palestinians. Amnesty International recently hosted a webinar to look at the issue of protest and some of the points made are discussed below.

Protest has a curious position in British culture and law since there is no direst right to protest: it is not a specific human right. There is a right to free speech and a right of assembly and these combine to enable people to come together to protest.

The value of protest is something that seems to be forgotten. The anger at the noise of disruption of a protest march overshadows the fact that this is a means to enable people to highlight a cause of concern. There are some who complain about the disruption and who say that they would not mind a peaceful protest, it’s the noisy and disruptive ones they object to. The problem with a peaceful and noiseless protest which causes no disruption is that no one takes any notice. Many people report that visiting one’s MP or writing letters to them is largely a waste of time. It is also forgotten that nearly all social reforms in the UK have come as a result of protest, some lasting decades. The positive history of protest is not generally known or recognised. It is seen as a nuisance and something to be curtailed or even better, stopped.

Webinar

The results of the survey will be published on July 9th and it will show some regional trends which include casting protest as a threat, claiming it is a privilege rather than a right and the increasing use of supposed public safety measures to curtail them. They conclude it is generally getting worse with a heavy police presence used to intimidate. Complaints against the police and the use of excessive force are difficult because of the lack of identification.

A lot depends on language and protestors are frequently described as ‘rioters’ with no justification. There are also attempts to cast protestors as ‘illegitimate’.

One speaker from Clidef – with a focus on climate protest – spoke about the ‘pincer movement’. This includes new legislation introduced by government together with the stretching of old laws. Police action and powers have been strengthened as already mentioned together with the greater use of prison sentences against alleged offenders: 138 Just Stop Oil protestors have been imprisoned for example. They are also trying to use conspiracy laws.

Secondly, private actors and the use of SLAPP actions [Strategic Litigations Against Public Protest] which are a means to use the law to intimidate those seeking to take action against wrongdoers. They are a means by the wealthy to use the law to silence critics since they can afford to effectively bankrupt them with costs.

Thirdly, the judiciary and he might have mentioned the legal system itself. Judges have been in the firing line for not allowing those on trial to say why they were protesting, fearful no doubt that once a jury realises that they were promoting a climate action, they would acquit. The final speaker asked ‘who are they protecting? The activists or the companies?’

The theme of the webinar and the speaker contributions was that governments are increasingly dumbing down on protest whether it be the climate, Palestine or anything else. They give the impression of not liking dissent in any form and are using increasingly draconian tactics to inhibit, arrest and imprison those to engage in it.

Media

A theme not explored was the role of the tabloid media who almost without fail demonise protestors calling them things like ‘eco-zealots’, ‘eco-mob’, ‘a rabble’, and their actions amounting to ‘mob rule’. Article after article describes protests in entirely negative terms and seldom give readers much (in fact next to nothing) in the way of an explanation of why they are protesting and the nature of their cause. It is to be presumed that they are reflecting public opinion and the views of their readers. Recent reports on the climate are extremely worrying. The fossil fuel companies are able to mount expensive lobbying campaigns to ensure their interests are looked after and extraction can continue. Protestors do not enjoy this privileged access to those in power and taking to the streets is the only way they can be heard. It is a shame that sections of the media are not able – or are disinclined – to reflect this imbalance of power and the inevitable effects it will bring to the climate.

Our right to protest is precious and should be defended.

The Salisbury group was established 50 years ago

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The European Court


Seminar asking ‘what’s at stake?’ with the threat to leave the European Court

May 2024

Following the last minute reprieve last year by the European Court for the asylum seekers on their way to be deported to Rwanda, many politicians and a large section of the media are campaigning for Britain to leave the jurisdiction of the Court and resign from the European Council. The MP for Devizes, Danny Kruger, is a prominent member of this group. It has become a political issue, one likely to crop up in the current election. This webinar by the European Movement UK discussed the history of the court and the institution and what some of the implications might be if we did leave.

The Court has been subject to much abuse and is generally and disparagingly referred to as a ‘foreign court’ and together with Strasbourg, has almost become a term of abuse. Although nothing to do with the EU which Britain has left, it is confused with that entity and it is possible that many people thought that when we left the EU we had left all things European including the Court.

The webinar started with some history including the key fact that it was Britain and in particular Winston Churchill, who were instrumental in getting the European Council established at the Treaty of London after the war. The UK was the first country to ratify the treaty. It is an irony that it was Conservatives who led the way in the post-war years yet it is members of the same party who are now keen to see us depart.

From the rhetoric and press reporting one might gain the impression that the Court is a regular thorn in the exercise of law in this country and frequently interfering in the exercise of justice. The reality is quite the opposite. The UK has the lowest number of applications and out of 38,000 applications from member states in 2023, only 176 relate to the UK. There have been 3 judgements and one violation. There are issues still outstanding concerning Northern Ireland however. The main point being made was that on the whole, the UK has a reasonable judicial system and most matters are resolved within the country without need to go to Strasbourg.

As far as being a ‘foreign court’, only France has more nationals working there and the British presence is strong and influential.

False promise

Another speaker referred to the main reason for the current desire to leave is the Rwanda issue. The promise of leaving the jurisdiction of the Court overlooks other conventions we have signed up to including the Refugee Convention. The consequences of us leaving were discussed and these included the negative effects on human rights in the UK if the ultimate backstop was removed. There will be consequences for the Good Friday agreement in Northern Ireland. It will undermine UK’s standing in the world as a country which stands by its international agreements. It will reduce our influence, which, as already mentioned, is considerable.

Dominic Grieve, the final speaker, said it ‘has been the best example of soft-power exercised by the UK since the second world war’. He repeated that the UK was hardly ever in violation. The Court had brought about positive change for example by overturning the decision by a local authority to house an elderly couple in separate care homes brought about by the family life provision in the Convention. He noted that the obsession by some politicians was not reflected by the public at large.

Success

The success of the Court in the post war world should be a matter of celebration rather than the subject of 15 years of denigration. Recent government legislation to inhibit demonstrations and the actions of judges in preventing protestors explaining why they were protesting are examples of how fragile our rights are. The combination of government laws, increased police powers, media disinformation around human rights and demonising protestors as ‘rioters’ and ‘eco-zealots,’ has cast a chilling effect over attempts to bring concerns to public attention via protests. It is forgotten that a huge range of social reforms have almost always resulted from protest. It will be interesting to see what appears in the parties’ election manifestos on this subject.

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