February minutes


The February minutes are below thanks to Karen.  A full agenda as you see with a lot going on.

February minutes

#Deathpenalty update


No to the death penaltyThis is the monthly report on the use of the death penalty around the world thanks to Lesley for compiling it.  A particularly grim month and of course there are no statistics for China which stills leads the world in the use of the penalty.

Death penalty report

Security


A significant step forward was made today against the excessive and arguably illegal interception of messages by the secret services and in particular, GCHQ. The hoovering of email, Skype, Facebook and other electronic messaging services was indiscriminate and is likely to have been illegal. Assurances that this surveillance is tightly controlled have been shown to be untrue.

wire tap imageThe ruling by the Investigatory Powers Tribunal (IPT) – a secretive legal body responsible for monitoring the shadowy world of the UK secret services – said that GCHQ’s access to (and use of) private communications swept up in bulk by the National Security Agency (NSA) breached human rights laws. This is the first time in its 15-year history that the IPT has ruled against an intelligence agency. The landmark verdict proves that mass surveillance sharing on such an industrial scale was unlawful, and a violation of our rights to privacy and to free expression.

Liberty, Privacy International and Amnesty, brought the case against the agencies, following the disclosures about mass surveillance made by whistleblower Edward Snowden in 2013. Thanks to Snowden’s revelations, the world is now aware of the extraordinary scale on which US and UK security services intercept and store our digital communications, including emails, messages on social networks and internet histories.

That includes not just the UK getting hold of what the US has picked up in its ‘Upstream’ and ‘PRISM’ programmes (which can cover Google, Facebook and other US-based internet platforms), but the UK’s very own ‘full-take’ Tempora system, which scoops up every single communication that passes through the UK. It’s very possible that highly sensitive communications between activists around the world have been monitored as part of these programmes. It also seems that journalists have been monitored as well as lawyers’ communications with their clients.

The IPT’s ruling acknowledged that the sharing of these communications between the US and UK governments violated human rights law until the end of last year. But even now the UK government will not publicly accept that these mass surveillance programs even exist.

The government has been playing a cat and mouse game over surveillance – talking about ‘national security’ while trying to cover up unlawful behaviour in its use of private data.

Secret rules about secret practices

Before this case was brought, there was simply no public information whatsoever about how and when the UK thought it could handle the data which the US had obtained. We had to force them to disclose what turned out to be a puny two-paragraph public summary of those rules during the case.  Due to that disclosure, the IPT ruled in December that the sharing of surveillance date between the UK and US is now lawful because there is supposedly enough ‘signposting’ in public about what is going on ‘below the waterline’.

So, that means up until that disclosure, the spying programme broke the law – but because they revealed a few vague details of how they gather and store that information – it’s now legal for them to continue doing so.

 Amnesty International strongly disagree with this decision.

Those forced disclosures made by the government are insufficient and fall far short of making its activities lawful.  We won’t stop here – we are planning to challenge the earlier ruling at the European Court of Human Rights.  But until then, while we’re pleased to see it acknowledged the programme has been unlawful up until very recently, the ruling means that the two spy agencies will retain unrestricted access to global communications with minimal safeguards in place.

We have argued before on this site that we accept that intelligence agencies have to intercept messages in their fight against terrorists and others bent on doing us harm. This interception must be under political control and scrutiny and done on a needs must basis. We also expect the media to keep a close eye on the politicians not least because trust in them is so low.

But what seems to have happened is that scrutiny consists of chats between the Security Commission and the security agencies and that there is a failure by the parliamentary committee to ask searching questions. The press have been largely silent and ineffective. It is no surprise therefore that the general public remain unconcerned about the activities of the security services. ‘I’ve got nothing to hide’ is a popular response. People seemed relaxed to see a reduction in their privacy to secure an imaginary increase in their security. Stories are frequently told of terrorist plots being uncovered by the use of such methods.

The bizarre thing is that if one asks the question of someone ‘do you trust politicians?’ you are likely to receive a ribald answer (or a black eye). Yet we seem to.

#Texas


Texas

UPDATE; 4 February.  We regret to report Robert Ladd was executed.

Once again we are back with an urgent action against the use of the #deathpenalty in Texas.  This time it is Robert Charles Ladd who was sentenced to death in 1997.  He was ineffectively represented at his trial and his lawyer did not seek evidence about his mental capacity.  He has an IQ of less than 70.  A Supreme Court ruling says that such individuals cannot be executed.

Greg Abbott, the new governor, says on his Facebook page ‘Texas in the lone star state for a reason.  It stand separate.  It stands alone … as a model for the rest of the nation.’  One sincerely hopes the rest of the nation isn’t listening.

Below is the urgent action on behalf of Robert Ladd and we would be grateful if you could write or email.  There are only a few days to go.

Robert Ladd

Death penalty report


This is the monthly #deathpenalty report with thanks to Lesley for compiling it.  One interesting fact is thatNo to the death penalty Indonesia has suspended an execution following the airline crash which has meant the eyes of the world’s media is upon them.

December Death Penalty report

We have added the Death Penalty Information site to list of links at the bottom of the home page

CIA torture #stoptorture


The world was shocked – briefly – last week with the publication of Dianna Feinstein’s report into the use of torture by the CIA around the world in its ‘war against terror.’  The report examines in great detail the methods and effectiveness of those methods and also the effects it will have on the United States’ reputation around the world.  In her words:

‘[It has done] immeasurable damage to the United States’ public standing, as well as the United States’ longstanding global leadership on human rights in general and the prevention of torture in particular.’  (p16)

When we have campaigned in the street against the use of torture most people hurry on by, after all we don’t use torture in the UK do we?  Some find the subject distasteful and even those who stop to sign a card will often decline to take a fact sheet with the details of what is happening to someone described on it.  The fact remains that it is still widely used around the world despite the great majority of countries having signed UN pledges otherwise.

It has to be said in the United States’ defence that they are one of the few countries which could enable an investigation take place and then publish the results, despite redactions, for all to see.  The United Kingdom who, along with other countries around the world, aided and abetted the CIA in its activities has gone to great lengths to frustrate, delay and otherwise prevent details of its involvement becoming known.  It is to be hoped that over the coming months and years details will emerge to show our complicity in this sordid activity.

The report goes into great detail of the use and effectiveness of the methods used.  The world was especially shocked to learn of ‘rectal feeding’.  Precious little evidence is provided of any effectiveness.  It notes that a lot of useful information was provided before suspects were then tortured and that many of the claims about counter-terrorism successes were ‘wrong on fundamental aspects’ (p2).

So how has this come about?  Torture is of course as old as the hills.  But there are several aspects which keep it alive in the modern state.  Firstly a belief in its effectiveness despite evidence to the contrary.  Part of the blame is a kind of Hollywood view of terrorism.  The report quotes the TV series ’24’ the first of which showed a man being fearsomely tortured to reveal the vital secret which our hero then spends the next 24 hours dashing about trying to frustrate.  Buried within this is the assumption that an individual has a key piece of information and once sufficient pain has been inflicted, he (or she) gives it up.  But how does anyone know?  The problem being that people will say anything to get it to stop so just because a piece of information is finally revealed, how does anyone know how accurate it is?  This kind of thinking is demonstrated in the familiar question ‘if you knew someone had a key piece of information which could save hundreds of lives but he won’t tell you, wouldn’t you torture him to get hold of it?’  But how do you know it is key?  The report notes that seven of the 39 detainees they looked at produced no information at all despite relentless beatings, waterboarding, starvation and sleep deprivation.

Another familiar Hollywood feature of crime series like CSI and NCIS for example, is the copious amounts of information that the officers seem to have at the press of a button.  A screen suddenly appears on a wall with flashing dots to show where the culprit is and they all dash off to apprehend him.  It is part of the technological view of crime detection.  This engenders a belief that simply getting the information will enable the law enforcement agencies to close in on a terrorist cell.  The problem was that the record keeping by the CIA was so poor combined with their lack of cooperation with other agencies such as the FBI, meant that little of value was derived from the activity.  (p13)  The reality of what actually happens on the ground is miles away from the fantasy world of TV series.

This Hollywood inspired view of the world goes someway to explain the public’s attitude to the revelations.  It is seen as a regrettable necessity when a war is being fought against a terrorist enemy.  If it keeps us safe, then what does it matter if someone is deprived of sleep for a few days to get them to talk?  The end of saving hundreds of lives justifies the means of bad treatment of a handful of detainees.  We cannot afford to be too squeamish when dealing with fanatics after all.

But the activity has corrupted the governing process.  It was ineffective so lies were told about valuable information being gained when next to none was.  People like Secretary of State Colin Powell were kept out of the loop.  The media was deceived into believing that terrorism plots were being interdicted when in reality few if any were.  The White House was lied to and up and down the CIA deception was practised.  When some detainees died as a result of their torture no one was brought to account.  Foreign governments were dragged into the process to provide locations known as ‘black sites’ where individuals were taken to be tortured.  Foreign governments such as the UK government lied about ‘rendition’ flights through the UK, in particular Prestwick.  The use of Diego Garcia which the USA leases from the UK, is a story which may slowly unravel over time.

Torture is widely practised around the world.  It is routinely used to coerce people and to inhibit  opposition parties.  If the world’s leading nation – the United States – does it then the moral force they might apply to the nations who routinely use it is dissipated.  Let us hope the Feinstein Report results in an end to the practice in the States.

Urgent action – #Florida


It may be the sunshine state but it is also a bloodthirsty one.  This will be the 21st execution under the Governorship of Rick No to the death penaltyScott.  In 2012, a quarter of all executions in the USA were in Florida.  This year, there have been 33 executions, 8 of which have been in Florida.  The USA is the only country in the Americas still to use the death penalty.

Urgent action: Florida USA

If you are able to write, that would be appreciated.

Death penalty


#stoptorture #deathpenalty.  The November report on the death penalty is attached thanks to groupNo to the death penalty member Lesley for compiling this.

Death Penalty Report


Don’t forget you can access other sites with a human rights theme from the blog roll at the bottom of this page.

#deathpenalty report


This is the monthly death penalty report thanks to Lesley.

General

  • UK
  • 19th Sept – A Death Row Pop Up Restaurant offering a ‘last meal without the nasty execution bit’ was due to open in No to the death penaltyHoxton, London.  Condemned by Amnesty as ‘in appallingly bad taste’, the owners initially issued an apology but later withdrew it, saying ‘all over the world there are attractions that have the potential to offend’
  • LC spoke with Kate Allen at the recent Stop Torture Campaign Skills Day and raised the Group’s concern that the Death Penalty was no longer a distinct campaign.   Kate noted our concern, but said AI needed to look more to local groups to take the campaign forward. 
  • Pakistan – Mohammed Asghar, the British Pakistani 70 year old with paranoid schizophrenia, sentenced to death for ‘blasphemy’ was shot and badly injured in his prison cell by a prison guard. There is an on-line 38 Degrees Petition calling on David Cameron to press his case with the Pakistan Government.
  • USA
  • 21st September – the third anniversary of the execution of the execution of Troy Davis.  An excerpt from the statement issued by the National Coalition for the Abolition of the Death Penalty reads: ‘……. I am Troy Davis. And we are 90 million strong. You, Xxxxx, are Troy Davis, and we are 90 million stronger – because of you. Together we are building the ground-game state by state and nationwide to fulfil Troy’s wishes: to keep fighting this battle until we end the death penalty once and for all.’
  • Texas – News today (9 October) that Manuel Velez was released from prison following 6 years on Death Row and 9 years in prison. Convicted and sentenced to death in 2008 for the killing of his girlfriend’s child, in 2012 his death sentence was thrown out because of false testimony during the sentencing phase.  A new trial was ordered because of inadequate legal assistance in his original trial.  The DA’s office continue to maintain, however, that he contributed to the child’s death.  See a separate post on this subject. 
  • Afghanistan – Despite attempts by AI and other Human Rights Organisations to persuade the new President, Ashraf Ghani, to stop the execution of 5 men convicted of rape, they were hanged on 8th October.  There were accusations of a lack of evidence and forced confessions. 

Death Penalty Statistics for 2013

  • 778 executions were known to have been carried out in 22 countries
  • 1,925 people in 57 countries were known to have been sentenced to death
  • 23,392 people were known to have been on death row world-wide
  • These figures do not include the thousands of executions likely to have taken place in China where they are a state secret.

Urgent Actions

  • Iran – UA 85/14 – (update) Reyhaneh Jabbari – her execution date of 30th September was deferred, but she remains at risk as the family of the man killed (who Reyhaneh claims sexually assaulted her) could request her execution at any time.  David Cameron has spoken out on her behalf to President Rouhani, and been criticised for ‘unacceptable remarks’.  Circulated to DPLWG; posted on the Group’s blog – 1.10.14. This month’s Group Urgent Action.
  • Bahrain – UA 252/14 – Maher Abbas Ahmad – sentenced to death in February for the premeditated murder of a policeman at a ‘gathering’, has lodged his final appeal and could be at risk of execution. He told his lawyer he was tortured into making a confession. Circulated to DPLWG 9.10.14.

Campaigning

  • World Day Against the Death Penalty – 10th October.   The Group are asked to sign cards to be sent to Reggie Clemons
  • Death Penalty Stall – A signing event will take place on Saturday ll1th October from 9.00-12..00 mid-day in the Library Covered Way. We will be asking the public to sign cards calling for justice for Moses Akatugba, the young Nigerian tortured and sentenced to death for the alleged theft of three mobile phones.

 

Texas man released from death row


#deathpenalty

On Wednesday, Manuel Velez was released from prison having served 9 years in prison, 5 of them on death row.  The case reveals yet again the biased and unsatisfactory nature of the justice system in the , and in particular the southern states such as #Texas.  He was sentenced to death for allegedly killing a 1 year old who was partially in his care.

No to the death penaltyThe case against him collapsed when the blood clot was found to have been established around 2 weeks before the child’s death but the jury was told that it occurred hours before thus putting Velez at the scene.  The case has all the familiar signs of previous miscarriages in the USA namely: partial evidence put to the court; evidence demonstrating innocence withheld by the police, and a plea bargain by the person likely to have committed the crime which incriminates the wrong person.  Also Velez is Hispanic and is described as ‘intellectually disabled’.  Finally, he was poorly served by his defence team who the court said ‘provided inadequate assistance to Velez’.

Governor Rick Perry is a strong believer in the death penalty and the following extract from an interview in Texas gives a flavour of that belief;

Like the vast majority of Texans, I believe the death penalty is an appropriate response for the most violent of crimes against our fellow human beings.  In fact, I believe capital punishment affirms the high value we place on innocent life because it tells those who would prey on our citizens that you will pay the ultimate price for their unthinkable acts of violence.

For those who head our criminal courts, serve on appellate bodies and the board of pardons and parole, and for the individual who occupies the office of governor, the power to make life and death decisions is the most sobering responsibility imaginable.

Both as acting governor and in my current capacity, I have always exercised this power with the gravity due such a life and death decision.    And I will continue to review each capital punishment case brought before me to ensure that due process has been served.

This presents a comforting picture not supported by the facts of this and other cases.  Once the deed is done of course, it cannot be undone.  If you are poor and black in states like Texas you will not be able to hire a top team of lawyers or any lawyer with trial skills.  Juries may be stacked.

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