Tuesday, March 26, 2013 

Not to speak ill of the dead...

The news of the death of Boris Berezovsky was undoubtedly one of those "oh Christ" moments.  The unexpected death of another of the exiles from Putin's Russia was always going to be investigated extremely carefully, lest there be even the slightest indication that it was anything other than natural or swiftly explained.  Such is the level of mistrust and suspicion directed at the government, much of it warranted, it must be said, the deaths of other dissidents and refugees have all been previously seized upon as potentially the work of the FSB, most notably in the case of Arkadi "Badri" Patarkatsishvili, who was quickly found to have passed away as a result of a heart attack, although that conclusion did little to allay the fears of those who think we should underestimate the KGB's successor at our peril.

It certainly isn't unknown for murders to be presented as suicides, including by those far less competent than state actors.  This said, everything known at the moment does point towards Berezovsky taking his own life.  A man who had spent two decades living in luxury, extremely highly regarded by the elite first in Russia in the 90s and then in the UK in the 2000s, he had been brought low through his own greed.  Described by Mrs Justice Gloster in the case he brought against his fellow oligarch Roman Abramovich as a "inherently unreliable witness" and of being "deliberately dishonest", the massive legal fees probably hurt more.  Combined with a huge settlement with his second wife, it was reported last week he was looking to sell an Andy Warhol print of Lenin worth around £50,000, something that appears to contradict the claims made since by Nikolai Glushkov that he had "managed to resolve his financial issues".  Having lost much if not almost all of his fortune, his friends report he had been depressed, and had sought treatment at the Priory.  Although those same friends have reported he seemed better, it's not much of a stretch to imagine that he may well have relapsed.

Nor does the timing make much sense.  Why dispense with someone who no longer poses a threat of any sort? Who knows just how much money Berezovsky did put in to attempting to get rid of Putin, but the results have been pretty negligible.  We can of course draw the analogy with Trotsky, in that Stalin's nemesis had never been so far removed from influence as he was when Ramón Mercader wielded the ice pick, but Berezovsky was no Trotsky (and Putin is no Stalin for that matter), however much the Kremlin's news agencies demonised him.

One thing Berezovsky's death ought to bring into sharper focus is the rather underreported evidence heard at the hearing ahead of the inquest into the death of Alexander Litvinenko. The lawyer on behalf of Litvinenko's widow, Marina, made submissions that set out the former KGB and FSB officer had swapped sides, and was a paid MI6 agent when he was poisoned with polonium.  It also seems as though he was working with the Spanish intelligence agencies, and that the plan was for him to travel with his alleged murderer, Andrei Lugovi, to the country to provide further information to the authorities there on the Russian mafia.

Not only does this raise questions about whether MI6 breached their duty of care to Litvinenko, it also puts his murder into an entirely different perspective.  This wasn't just a assassination of a man we offered shelter to, it was the murder of a state asset, and it was never felt appropriate that this should become public, at least not before his widow seemed to have exhausted every other avenue in her search for justice.  It also means that for years MI6 had someone on its books (the Mail claimed back in 2007 that Litvinenko had been an officer, but it wasn't widely followed up) who was making the most serious allegations possible about a rival service: that the FSB and Putin were prepared to bomb their own citizens in furtherance of their political aims.  It doesn't really get much more serious.  Were MI6 aware of any specific threats against Litvinenko, or indeed have any concerns whatsoever about having on the payroll someone who had become an enemy of his former employer?  And what of Berezovsky?  Did he have an association with the intelligence agencies too?

Whether we'll learn much from the inquest, delayed now until October, is unclear.  The government files on Litvinenko will be examined in secret before it opens after William Hague applied for a public interest immunity certificate, and so how much will be heard in public remains to be seen.

One vital witness due to appear was Berezovsky.  Something that has never been properly explained is just how far the relationship between Lugovi and Berezovsky went; Lugovi had served as the head of security for ORT, the Russian television channel then owned by Berezovsky and Patarkatsishvili, and so was someone Berezovsky believed could be trusted.  Regardless of the individual circumstances, that almost all those involved have either died or are boycotting the proceedings (Lugovi) doesn't inspire confidence that much is going to be resolved beyond what we already know.

Nonetheless, few in Russia will have shed tears at Berezovsky passing, even if few have much affection for Putin at this point.  Berezovsky's reputation as the robber baron in chief was in place long before he fled.  Indeed, it's arguable that if Russia hadn't been given the economic shock treatment it received after the fall of the Soviet Union, and if the oligarchs hadn't in turn profited so hugely from the rigged sell off of state assets that the Russian public wouldn't have taken so much to the strongman who was determined to put an end to the chaos that has now come to represent Yeltsin's reign.  That the likes of Berezovsky were taken so quickly into the bosom of the British establishment with little in the way of questioning about just what did go on in Russia during the mid-90s ought to be an abiding shame.  The least we can do now is ensure the truth about the death of Alexander Litvinenko comes out.

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Tuesday, March 05, 2013 

Keeping secrets secret.

There's a scene in the film Liar Liar (this will almost certainly be the only time I quote from a Jim Carrey film other than the Truman Show or Eternal Sunshine of the Spotless Mind approvingly) in which Carrey's character, compelled to tell the truth after a wish made by his son, screams down the phone at a long-term client once again seeking his legal advice that he should "STOP BREAKING THE LAW, ASSHOLE".

 A similar scene ought to have been repeated a long time ago when it came to the intelligence agencies and their active collusion both with the US rendition programme, and indeed as we now know, MI6's own escapades in delivering opponents of Gaddafi back into his torture system, I mean prison system.  Of course, this could never have happened as, we also now know, it was Jack Straw who was signing the paperwork that authorised the rendition in the first place.

The misfortune of the coalition is that they've been the ones left to deal with the mess created by years of litigation from former detainees who believe, rather justifiably considering what's come to light as well as from their own experiences that both MI5 and SIS were up to their neck in rendition.  The government, desperate to ensure that hundreds of thousands of pages of documents detailing what was going on at the time the former Guantanamo detainees were either being transferred or in the odd case, actively handed over to the Americans remain secret, has in the aftermath of the "seven paragraphs" and a ruling by the Court of Appeal that allegations of wrongdoing must be heard in public, instead resorted to large cash settlements, accepting no culpability for what happened to the men.  The latest, a massive payout to Sami al-Saadi, one of the two men sent back to Gaddafi's holiday camps, was for £2.2 million.

An obvious solution to this unpleasantness would be, you would have thought, to not get involved in illegal conspiracies where "terrorist suspects" are flown to various black sites around the world, or as the rendition programme has since ceased, to not actively conspire with authoritarian states over the detention of opposition figures, regardless of the business interests involved.  This doesn't mean not working with states that we regard as having poor records on human rights whatsoever, when such relationships are vital to protecting our own citizens and interests, rather it means just not helping them with the things that our own courts would reject.

But no.  No, what we need instead to placate both foreign intelligence agencies and to protect our sources on the ground is closed material procedures in civil cases, similar to the current Special Immigration Appeals Commission process, where claimants (or defendants, in SIAC's case) are represented by special advocates who can only give a "gist" of the evidence against their clients to them.  Passed yesterday in parliament, the system will allow justice to be done, the claimants either vindicated or the intelligence agencies cleared of wrongdoing, the taxpayer no longer giving money to suspected terrorists to fund future missions, as Ken Clarke implied at one point, and our allies who have threatened to stop sharing intelligence due to a supposed breach of the "control" principle will be satisfied.

As Henry Porter (as an aside, it's worth noting the lack of outrage from the vast majority of those who condemned ZaNuLiarBore for their constant attacks on civil liberties this time round) and Richard Norton-Taylor have pointed out, these arguments might carry more weight if we didn't know all too well this part of the Justice and Security Bill only exists because of lobbying from the intelligence agencies.  The fact is that the courts were getting far too close to the truth: that despite all of the claims to the contrary, the security services are still involved in practices that are either incompatible with basic human rights or which rather than making us more safe, do the exact opposite.  While the Guantanamo detainees all decided to settle, as has al-Saadi since, it's more than possible that someone would emerge who had suffered either at their hands or indirectly who wouldn't, and would take the case all the way.  The seven paragraphs were enough to get ministers hyperventilating; some of the material contained in the documentation of the war on terror could be enough to alter the perception of the security services for a generation.

The row over the control principle was always secondary to this.  The Americans may well have been angered by the release of the seven paragraphs, but they were only ever released by our courts because the American courts had already let even more damning evidence on the treatment of Binyam Mohamed out into the public domain.  In any case, as David Davis pointed out during the debate, the Americans are more than willing to let intelligence out when it shows them in a good light, and to say their own levels of security were previously wanting considering Bradley Manning and Wikileaks is an understatement.  While it's certainly true that SIAC does not always find in the government's favour, as demonstrated in how Abu Qatada has been granted bail and in Ekaterina Zatuliveter's successful appeal against deportation as a spy, unless there are absolutely exceptional reasons justice must be open, and seen to be open.  Closed material procedures were designed to protect the blushes of the security services, and the amendments to the legislation haven't done anything to change this.

No surprise then that Jack Straw himself stood up in the Commons yesterday and argued against his own party.  Not for him a quiet life while the allegations against him continue to be investigated, and as the civil case from Mr Belhaj remains unresolved (Straw didn't take the opportunity to respond to Belhaj's offer of a settlement for a token sum and an apology), this was a case which required his expertise.  Never mind that it's that exact expertise which has seemingly led to the need for this bill, for as Straw reminded us, it's not scaremongering to say that to carry on in the position we are in is the equivalent of abandoning the intelligence agencies, and with it their ability to protect us.  Just as Straw once said it was a conspiracy theory there was any such thing as a rendition programme, so it would be deeply unwise to regard him as discredited now.

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Thursday, December 13, 2012 

The least they could do.

Right on cue, the news that the government has settled the case brought by Sami al-Saadi over the rendition of his entire family from Hong Kong to Libya only serves to underline how little has changed since the days of collusion with terrorist gangs in Northern Ireland.  Desperate to bring Libya in from the cold so that UK businesses could fully exploit the country's potential, both Tony Blair and Jack Straw went the extra mile in wooing one of the most vicious tyrants of our age, authorising Mark Allen to deal directly with Moussa Koussa in the rendition of both al-Saadi and Abdul Hakim Belhaj.  Al-Saadi was bundled onto a plane in Hong Kong just three days after Blair's trip to Libya to shake hands with Gaddafi, while Belhaj had made a similarly forced trip two weeks prior to Blair's arrival.  Allen went so far as to write that the rendition of Belhaj was "the least we could do for you and Libya".

As with the settlements reached with the men who ended up in Guantanamo, the government has accepted no liability for what happened to al-Saadi, also known as Abu Munthir.  Both Munthir and Belhaj were senior leaders in the Libyan Islamic Fighting Group, a faction which had close ties to al-Qaida, prior to its dissolution.  This association didn't bother us too much when Libya was a sworn enemy, however: according to David Shayler (prior, it must be said, to his espousal of 9/11 conspiracy theories) MI6 funded a failed assassination attempt on Gaddafi by the LIFG.  This accepting of no liability is despite it being the most clear-cut case of collusion with an authoritarian state, thanks to the documents discovered by Human Rights Watch, and our knowing full well that any promises sought that the men would not be mistreated were worthless.

It certainly brings into perspective the anger expressed by Blair at how he couldn't deport anyone designated as a "terrorist suspect" to wherever the hell he felt like; no doubt aware of how swiftly those opposed to a new dictatorial ally had been delivered into their grasp, it must have smarted that the likes of Abu Qatada and others kept winning their legal battles.  It also remains to be seen whether charges will be brought against anyone involved in these two cases: the Gibson inquiry into rendition was abandoned as a consequence, ostensibly for the reason that the investigation by the Met would have further delayed the hearing of evidence.  I'm certainly not holding my breath on that score. 

Considering then that Blair has been making such a killing through his work for Kazakhstan, and Straw will presumably be receiving royalties from his memoir, perhaps the pair would like to contribute towards the £2.2m cost to the taxpayer of their handiwork.  It's the least they could do for us, and the country's worldwide reputation for human rights, surely?

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Monday, August 20, 2012 

The continuing triumph of the securocrats.

I recall that, many aeons ago, good ol' Nicholas Clegg asked for ideas on what could be included in a freedom bill. The end result, the Protection of Freedoms Act, is it must be said one of the coalition's very few decent achievements. The amount of time "terrorist suspects" can be detained prior to charge is now 14 days rather than the 28, just a slight reduction on the 90 Tony Blair tried to ram through parliament, the section 44 "anti-terrorist" power the police had that allowed them to search anyone they felt like has gone, as has the biometric data of more than 1m of those arrested but not charged with any offence by the police, although how certain we can be of the destruction of the information is another matter.

We are though still completely in the thrall of securocrats, as a quick glance at the Graun today records. As though the vast majority of the security checks at airports weren't pointless enough, the coalition looks to be resurrecting an old Labour proposal to install similar scanning technology at railway and tube stations. They quite obviously won't be put in place everywhere, and so won't stop those determined to cause carnage who'll be able to enter the system at quieter points, but they will no doubt cause misery at the major terminals. Still, can't be too careful, can you?

The government certainly can't, at least not with intelligence provided by other governments. Not content with ensuring that there will never be a repeat of the release of the seven paragraphs, a memo on Binyam Mohamed which showed we knew the Americans had been involved in "rendering" detainees to foreign climes where they were to be tortured despite our repeated denials, information that we failed to act upon when those detained included British residents, we now learn that the very application for a closed material procedure can also be kept secret if necessary, to of course, "protect national security". In other words, it seems likely that every such order will be kept secret, as by its very nature intelligence involves national security.

If you believe the Ministry of Justice (snigger), this will in fact make it more likely that such claims will go to trial rather than result in settlements, just that we won't be able to know of the documentation that was involved. Which just ever so slightly misses the point, as it's that documentation that established the truth in the first place, and which shows the depths to which our security services are on occasion prepared to plunge. With the cancellation of the Gibson inquiry, and no replacement on the horizon, the desperate need to learn the lessons of our complicity in torture during the first phase of the war on terror seems to have been forgotten.

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Wednesday, May 02, 2012 

A nasty taste in the mouth.

There are many things about the investigation into the death of Gareth Williams that leave a nasty taste in the mouth. While the apparent murder of an MI6/GCHQ worker in such bizarre circumstances is always going to invite comment and speculation, it's fair to say that the leaks to the press alleging that Williams was either gay, a transvestite or had come to a sticky end at the hands of al-Qaida, all emanating from uncertain sources were little short of smears. The Met, having to work the case through the counter-terrorism branch SO15, were only able to take statements from MI6 officers that were then "anonymised" afterwards, making the process a travesty. The inquest heard that "assurances were taken" without any further questioning then taking place.

The inquest itself was delayed for over a year, yet this seemingly didn't allow the time for a detective from outside SO15 to be vetted and conduct the interviews again. When it did finally take place, the attitude of MI6 seems to have been remarkably similar to the one taken by MI5 for the 7/7 inquests: challenging every decision made towards openness, demanding anonymity and claiming "national security" would be endangered if almost anything approaching "sensitive" material was discussed in open court. SO15 it seems were similarly awed by their relationship with MI6: Detective Superintendent Michael Broster gave some truly extraordinary evidence, saying that as MI6 had been "very helpful throughout and continue to be" he saw no reason for memory sticks and another North Face bag found in Williams' office to be examined by the Met team, or indeed even told they existed, as the investigating officer only found out about them three days ago.

Most shocking of all is that MI6 didn't investigate why Williams hadn't turned up for work until 8 days after he was last seen. This was according to MI6 a simple error by his line manager, and yet it seems astonishing that an officer of any of the security services can vanish for days, missing appointments and meetings, without anyone attempting to make contact with them or seemingly wondering where he was. This was a man who had worked for the secret state his entire adult life, described as "brilliant", given an award as part of a team for his work on cryptic analysis. He was owed a duty of care, the same that the services offer to agents who have been caught in compromising circumstances without so much as batting an eyelid.

One line of inquiry quickly shut down was that Williams had been working under a separate identity, something that was apparently completely off limits. If this was the case, and he had gone abroad under one, then surely that is something that should have been considered. The police for their part still seem to be focused on the idea that his death his down to his private life, although the coroner appears to have dismissed this. Despite the likes of Mark Urban repeating myths that he was interested in claustrophilia, his internet use seems to have been minor, and his slight interest in bondage websites may well have been down to specific training he was about to undergo at MI6, something else they have declined to comment on.

If he was secretly gay, or interested in dressing up in women's clothes, then there seems to be no evidence that he indulged in either with partners, and no one has come forward to say they were involved with him when you would have expected they may have done. He never discussed either with the two female friends he had, or with his sister, all of whom he was close to. The women's clothes he bought had after all not been taken out of their packaging, more than suggesting they were either gifts or they were part of his interest in fashion.

Despite the coroner also saying there's no evidence that his death was connected to his work, which rather suggests that we're no further than when the investigation began, it's seems remarkable there's been so little comment on how the heating had been turned up in the flat, in spite of how it was August, likewise that there were no fingerprints in the bathroom near to the bath as you would expect. All of this suggests that this wasn't someone panicking at a sex game that went wrong, but as Williams's family suspects, something far more sinister. It's difficult not to think that MI6 knows exactly what happened to Gareth Williams, but they have no intention of letting anyone else know.

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Thursday, April 12, 2012 

Lying and the passing of time.

It's a wonderful thing, the passage of time. Yes, we all of course edge ever closer to the grave with each second that goes by, but look on the bright side: it also means your memory of unpleasant past events in your life gradually fades.

This onset of forgetfulness comes sooner to some than others. Take Tony Blair for instance. He claims to have "no recollection" of the rendition of Abdul Hakim Belhaj to Libya, something that took place a mere 2 weeks before he jetted in to meet Colonel Gaddafi and in effect declare the country open for business. Almost certainly part of the mutual process showing that both sides would get something out of the new relationship, you would have thought the prime minister should have known that his foreign intelligence service was conspiring with the CIA to provide a dictatorship with one of its most high profile opponents.

Then there's Jack Straw, the former foreign secretary. You might recall (he probably doesn't) that when first faced with the exposure of the US rendition programme he was absolutely certain that the British government had no case to answer. What was more, unless you believed the lovely Condoleezza Rice was lying, there was no programme whatsoever. It was akin to believing in conspiracy theories. 7 years later, and while Straw has changed his tune somewhat, he's still vehement that he knows nothing about this specific case. Rather, this is an example of MI6 simply not telling him what they were up to, as the security services are apparently wont to do on occasion. As he said, "[N]o foreign secretary can know all the details of what its intelligence agencies are doing at any one time."

It certainly wouldn't be the first time that the security services have told lies to the toothless Intelligence and Security Committee, who most certainly weren't informed at any point of MI6's role in the rendition. Would they also though mislead the Foreign Office, and so close to the point at which our relationship with Libya was about to change so utterly? Either MI6 was completely out of control, authorising its own missions without informing ministers, delivering innocent people into the hands of torturers, or Jack Straw signed off on the entire thing. Which is more likely?

Happily, it's unlikely that should this or any future government think about doing anything similar that it'll be exposed as easily. I said at the time that it was a little early to welcome the cancelling of the Gibson inquiry when it was far from clear that we would ever get a replacement, let alone a more independent one, and with the continuing controversy over the secret courts plan which would stop them ever releasing the equivalent of the seven paragraphs again it just underlines that this government is not more enlightened, it's simply more subtle in slamming the door shut. Hands up anyone who thinks that there'll be charges once the Met have finished investigating the two Libyan renditions, regardless of the offering of £1m to Belhaj. Exactly.

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Wednesday, January 18, 2012 

Any inquiry would be better than no inquiry.

Despite the reaction of most human rights groups, the decision to abandon the Gibson inquiry into alleged British collusion in the torture of rendered detainees is not one to welcome wholeheartedly. Ostensibly for the reason that a new police investigation will now begin into the allegations made by two Libyan men that they were abandoned by ministers and the security services to the mercies of the Gaddafi regime, delaying further the already much postponed hearing of evidence, you also can't help but detect other reasons below the surface.

The Leveson inquiry is after all, in spite of initial misgivings, managing to swiftly get on with its work, getting around the problem of some would be key witnesses having been arrested by going through its remit in stages. One assumes that the inquiry is also being careful not to call those that the police could still decide are of interest to their investigation, although some who have been questioned by the police such as Neil Wallis and Neville Thurlbeck have still appeared and simply not been asked questions specifically on phone hacking. While it would have been more difficult for the Gibson inquiry to sidestep this potential problem quite so nimbly, as there are undoubtedly fewer important figures they would be interested in speaking to who wouldn't in some way be caught up in the new investigation, it seems bizarre how one inquiry can seemingly manage to do it and another can't. True, there is a major difference between the regulation of the media and the work of the security services, yet had there been the inclination these problems surely could have been surmounted.

The other challenge was the totally justified boycott of the inquiry both by the major human rights groups and by some of those who have claimed they were the victims of the policies of both the last government and the security services. These crucial witnesses were said to have met with the government on Monday in a last attempt to come to an agreement on their returning to the fold. With no deal apparently forthcoming, it's reasonable to assume that this is the real main reason Gibson has now been dumped. Intriguing then is that this has been so well received - Liberty in their statement even raise the possibility that this "delay" will mean we might actually get a "proper independent judicial inquiry". This leads to the assumption that even if there wasn't a deal reached on Monday, there was at least a promise that an inquiry would soon be held which would go some way towards meeting the demands of the likes of Liberty.

If this is the case, it has to be hoped that this promise is worth more than some of those made by previous governments concerning the security services. Despite Gibson's fundamentally flawed, purposefully crippled nature, such an inquiry would still be better than no inquiry. If it takes the police and then the CPS around the same amount of time to investigate the claims of Abdul Hakim Belhaj and Sami al-Saadi as it did to decide that Witness B and the others involved in Binyam Mohamed's case should not face charges, then it's likely to be another two years at least before the new inquiry can even begin to start its work. This will then additionally depend on just who the justice and foreign office ministers are at that point - there's no guarantee that there'll be as sympathetic as both Ken Clarke and Alistair Burt appear to be at the moment, Cameron continuing to keep his pre-election pledge or not. Even then it's hardly certain that the inquiry will be any less secret or more open than the Gibson one was going to be; the green paper on justice does little to inspire confidence that the security services won't lobby hard to keep their past handiwork almost completely in the shadows.

It will also mean it'll be nigh on a decade since much of the alleged collusion took place. Even if all the relevant documentation is made available, a very big if considering the problems that the Chilcot inquiry has had in that regard, the problem of failing memories can only combated when combined with exceptional detail, as the Saville inquiry into Bloody Sunday showcased. With even the report on the research conducted by the Gibson committee to be redacted, it's little wonder some are already suggesting that this may be a chance for truth lost forever. The longer it takes, the more likely those who authorised the collusion will get away it.

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Friday, January 13, 2012 

The establishment has it all sown up.

It can't be said it's a surprise that no one at either MI5 or SIS will face charges over complicity in the torture of Binyam Mohamed. When the Crown Prosecution Service only decided after the Ian Tomlinson inquest that Simon Harwood should face manslaughter charges, having previously felt that a jury was unlikely to convict due to the inadequacy of the post-mortem performed by Freddy Patel, it was always unlikely that in an even more complex case, where the security services would doubtless make onerous demands over secrecy that any officers would come appear before the beak.

Even more politically toxic was the investigation made clear that front line officers were operating under guidelines which had been drawn up after consultation at the very highest levels of both the security services and government. Despite having pleaded ignorance at every turn, or completely ignored much of the questioning, it seems that ministers were the ones authorising just what agents could and couldn't do, as has been suggested by the documents that came to light in Libya.

With the horse having well and truly bolted, the government now of course wants to ensure that any such unpleasantness in the future can never emerge in the same way. With that sown up, and the laughable Gibson inquiry apparently stuck in limbo as more investigations unlikely to lead to a prosecution take place, the chance of anyone being held to account diminishes with each passing month.

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Wednesday, October 19, 2011 

Slamming the door shut.

It was a long time ago now, but back in the mists of time (around 2002 if we must be specific) former spooks were rather complimentary about, err, Spooks. Not because of its realism, obviously, as in only the second episode one of the agents was dipped in a deep fat fryer, but more for showing the security services in a highly flattering light. After all, the real services had long been associated in the public imagination if at all by the grey men now also back on our screens in the form of George Smiley, or alternatively by Harold Wilson as the kind of paranoid lunatics who wanted to know where members of the public had bought subversive literature such as the Daily Mirror from. Here instead were young, dynamic attractive self-sacrificing individuals with consciences, even if they did manage to save the world every week all but single-handedly.

Strangely, they're now rather more sniffy about it as the show reaches its climax. This is especially curious as the series as it's continued through the seasons has stayed more or less the same: almost everyone working for MI5 is a saintly lefty, head honcho Harry especially, most recently denouncing oligarchs profiting from earthquakes while still protecting them from murderous anarchists. Yes, he took part in unpleasantness during the Cold War era, but so did everyone. In the current age of rendition and torture, MI5 is spotless; it's everyone else that's dirty, whether it's the CIA, Mossad or the Russians, and they're all out to deceive, even directly target the plucky Brits desperately trying to do the right thing.

Perhaps it's the fact this is such an inversion of reality that so winds up those formerly in the service. There certainly wouldn't be any need for the Gibson inquiry if MI5 and 6, admittedly with the full support of the last government, hadn't at the very least connived in the mistreatment and deportation of "terrorist suspects" to various hellholes across the globe. Incredibly distressing for them and the government was that these ingrates, having been graciously allowed to return to this beacon of human rights and open justice, were now demanding to see the documentation which consigned them there in the first place. Having fought tooth and nail to prevent the "seven paragraphs" from being released, under the ostensible reason that to do so would breach the "control" principle, whereby the foreign intelligence service that provided the information in the first place has full control over what happens to it afterwards, even though an American court had already put far more damning information concerning the torture of Binyam Mohamed into the public domain, this was a far worse threat. Annoying the Americans slightly is one thing, but allowing massive amounts of highly incriminating information, likely to be read completely out of context, to become public was simply unconscionable.

The government green paper published today, titled Justice and Security, is the long in coming attempt to slam the door towards something resembling transparency shut forever. Having rejected the orthodox consensus on responding to scandal that involves complete openness (or as much openness as can be reasonably expected from organisations which must work in secret) about what went wrong so that the mistakes can be learned from, with the Gibson inquiry neutered and the interested parties boycotting it as a result, it's no surprise that it recommends an expansion of the special advocate system already in place for the soon to be abolished control order system and used in the special immigration appeals process. Yes, the thoroughly unsatisfactory system where someone on a control order can't even know what it is exactly they're accused of doing is thought to be good enough to put in place when someone alleging wrongdoing seeks redress through the courts. While no one has suggested that the advocates are patsies and seem to have performed at least a decent job so far, that the claimants themselves cannot have personal access to material concerning them, or indeed, concerning their mistreatment is about as far from open justice as it is possible to imagine.

Equally, no one is suggesting that this isn't a highly difficult area. The supreme court when considering the appeal from the government against the ruling for the freed Guantanamo men agonised over it, before concluding that this was an area where justice must be seen to be done but which parliament should have the final say on. If this is going to happen, then we should be damn sure that such abuses aren't going to happen again in the future. Rather than take the calls for truly independent oversight into the security services seriously, all the green paper proposes is a derisory, ever so slight reform of the intelligence and security committee, the same parliamentary committee that produced the now even more laughable than it was then report on rendition. All it suggests is making it a statutory committee of parliament, as well as beefing up their power to demand material from the security services, who even then will still be able to persuade the security of state to veto any especially onerous requests. It does consult on the possibility of introducing an inspector-general, a layer of oversight used in other countries, but it seems the least likely option rather than the most.

Despite all the fantastic investigative journalism produced by numerous journalists that exposed first the rendition program and then British complicity in it, it was the Binyam Mohamed court case that meant an official inquiry, no matter how crippled, had to be established. Without the release of those seven paragraphs the legal action and settlement would not have followed. Under these proposals it's clear that such information would not in the future become public. This is perfect for organisations desperate for everyone to focus on the unmitigated good they do, and their tireless work to protect us from the few out there who wish us harm, but an injustice when they get things so terribly wrong. As the Guardian argues, none of this would have been necessary had MI5 and 6 not followed the CIA down the road to hell. Cover-ups in turn only make suspicions and grievances worse. A path needs to be found whereby justice must be seen to be done, with those seeking redress able to access the information held on them, while still protecting national security. The proposed system is as much a mockery of the values the services pledge to uphold as Spooks is of the deeply boring, conflicted and overall thoroughly human men and women trying to keep us safe.

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Monday, September 05, 2011 

Don't worry, Peter Gibson will get to the bottom of it.

Well, at least we now know why Moussa Koussa was allowed to leave our septic isle so swiftly. When he arrived here at the end of the March having defected from Gaddafi's regime, one of the few things that he wasn't accused of was of a long-term convivial relationship with MI6, let alone being on such friendly terms with the secret intelligence service that it appears he and Sir Mark Allen were the equivalent of best mates. It would have always been bad form to encourage someone to defect only then to charge them with some sort of offence once they arrived; it's now apparent there was never any chance of something like that happening, despite our glorious coalition intimating that all options were open. Koussa, interestingly, left for Qatar, one of the few Arab nations to provide direct military assistance to the rebels, more than suggesting he has friends in high places there also.

The collapse of dictatorships will naturally mean a certain amount of unpleasantness for those overseas both in government and business who set aside any qualms they had about human rights to deal with such nations, but they can always reassure themselves with the knowledge that they did so only to indirectly help the poor people trapped under totalitarian regimes. That's clearly the only thing Sir Mark Allen had in mind when he went in one hop from head of counter-terrorism at MI6, resigning after he was overlooked for the top job, to special adviser at BP, who subsequently signed a massive oil exploration deal with Libya. MI6 had after all played a major role in successfully persuading Gaddafi to abandon his WMD programmes; as the Iraq war has taught us, only countries without such material get bombed or invaded. Such victories requiring mutual understanding, respect, and sharing of intelligence.

It's hardly a surprise then to learn that both the CIA and MI6 quickly became bosom buddies with the self-same individuals who previously had been among their chief antagonists. We already knew that the CIA especially had been co-operating most assiduously with their counterparts in Libya, having allowed one of their previously most prized detainees, Ibn Sheikh al-Libi, to return to his native land, where he sadly "committed suicide" in the notorious Abu Salim prison two years ago. Neither is it really earth-shattering that MI6 were happy to assist in the rendition of Abu Munthir, former deputy emir of the Libyan Islamic Fighting Group, from Hong Kong. Allegiances in the world of intelligence shift by the day: that, according to David Shayler (when he was credible, it should be stressed), MI6 had funded the group's attempt to assassinate Gaddafi in the 90s only to later turn over some of those it must have had contact with is just the way these things go.

Much more shocking are the allegations that the Libyans were being provided with details of the activities of dissidents in this country, with all the potential implications that has for any relatives back home. Much was being made earlier in the year of how those taking part in demonstrations against the crackdown in Syria were being photographed by diplomats, with their families coming under pressure from the regime as a result. It's one thing for a regime's overseas intelligence agency to keep tabs on dissidents; it's quite another for their host country to do it for them. What's more, it breaches the very code, not to mention law which our security services keep insisting they have consistently abided by: Sir John Sawers said last year that if they believed action taken by themselves will lead to torture they would not do so, even if it meant terrorist activity would take place as a result. That certainly doesn't seem to have impeded the passing of such information in this instance.

We can of course only guess at what would be uncovered if our intelligence archives were opened up in their entirety in a similar manner, and not just provided to establishment historians to give clean bills of health to (surely to independent academics who have reached entirely appropriate conclusions based on the evidence before them? Ed.). In any case, we have the next best thing: the Gibson inquiry.

Oh.

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Thursday, August 04, 2011 

The comforting recourse to the black pen of the censor.

One of the odd afflictions of both those who comment on politics and those who actually conduct it is that whenever a scandal erupts, a minister is accused of some impropriety or a policy ends in disaster we demand an inquiry. This isn't because either of the two groups have any great faith in the inquiry getting to the bottom of what actually happened - it's a very rare occasion when the findings are so damning that almost everyone has to acknowledge them - it's because neither know what else to do other than ask some independent grandee to investigate. Strangely though, this initial cynicism and scepticism is often forgotten once the report is published and the conclusion fails to satisfy.

The other thing to keep in mind is that while governments find it very easy to conduct investigations into those other than themselves, hence why the inquiries into phone hacking at the News of the World and associated matters have now become so wide-ranging that one suspects we won't see the results until just before the next election, they do their very best to scupper or hinder those into matters which they don't really want to talk about. This backfired on the Blair government, meaning that rather than one investigation into the Iraq war we're now waiting on the fourth.

History seems unlikely to repeat itself when it comes to the coalition's purposely crippled inquiry into the security services' alleged collusion in torture. After a year of trying to make the government see sense, the 10 involved NGOs, including Liberty, Amnesty and Human Rights Watch amongst others have withdrawn their cooperation from the Peter Gibson helmed inquiry. From the very beginning it seemed unlikely to meet even the smell test: Gibson was already the intelligence services commissioner, a position you aren't offered if there's even the slightest fear you might be anything other than slavishly establishment. A truly independent figure not associated with the intelligence services would have been the obvious choice if the new government really wanted to ensure any mistakes committed under Labour aren't repeated.

Instead it seems Gibson's powers will largely resemble those already wielded by the discredited and supine Intelligence and Security Committee, the toothless parliamentary panel which whitewashed rendition and was almost certainly lied to by a former head of MI5. He cannot order any particular witness to submit to appearing before the inquiry, nor can he demand to see all the evidence the security services hold on rendition. It's instead up to MI5/6 what they decide to graciously provide. Those who claim to have been mistreated will also go unrepresented, with their lawyers unable to question any witnesses. Moreover, the end report, like with those produced by the ISC, will go before the prime minister and the cabinet secretary before it's released, with both able to demand redactions. For an insight into what it will probably end up looking like, you can take a glance at Sir Richard Dearlove's evidence to the Chilcot inquiry, so heavily censored that you wonder why they bothered releasing it at all.

Why they continue to be quite so wedded to such tight secrecy when so much of what they're likely to go over is public knowledge is made clear by the Guardian obtaining the official security service policy document on dealing with foreign intelligence agencies over detainees of interest. In itself it makes clear that despite their insistence they knew nothing of how the United States was mistreating detainees until the Abu Ghraib scandal, MI5/6 had already developed a strategy at the beginning of 2002 in an attempt to remain above the depths the US was sinking to. As it sets out, where they were concerned there was a clear chance of being complicit in torture, they could still go ahead as long as there was approval from the highest levels, right up to that of ministers. It even admits that disclosure of such collusion could in itself lead to further radicalisation of those they were meant to be monitoring and preventing from launching attacks, or damage the reputation of the agencies, yet such worries were pushed to the side.

Apart from pointing the finger directly at ministers who at the time repeatedly denied any knowledge of rendition in particular, Jack Straw notably denouncing such claims as "conspiracy theories", it gives a taster of both what a proper inquiry could uncover and how the door is now being slammed shut. As Malcolm Rifkind has taken to the airwaves to say, there are simply some things so sensitive and so secret that us poor plebs can never know about them, especially it seems if it involves collusion in the mistreatment of our own citizens and residents. It doesn't matter that as they themselves predicted, the reputation of MI5/6 has been damaged by the allegations, and that the only way to repair a sullied reputation is as near to complete disclosure as can be provided by what have to remain semi-secret organisations, the default response remains stonewalling, backed up by those armed with the black pen of the censor.

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Monday, March 07, 2011 

Every farce needs a great tagline.

There's something reaffirming about the fiasco involving (apparently) the Special Air Service, either one or two MI6 officers and the foreign minister left to carry the can. Despite our many competitors, one thing we've always been best at is farce, right through from Chaucer and Shakespeare to Fawlty Towers and Four Lions. Along the way we've also displayed a wonderful aptitude for military disasters that would border on the comic if it wasn't for the often horrendous loss of life, which we've also occasionally managed to turn into tragic heroism: one thinks of General Gordon's last stand in Khartoum, the Elphinstone march to Jalalabad, Dunkirk, Suez and especially pertinently the operation which became known as Bravo Two Zero.

We shouldn't then immediately dismiss completely out of hand the possibility that what even some journalists have referred to mockingly as the "official story" regarding the disastrous foray into Libya to apparently meet the opposition based around Benghazi is something approaching an accurate account of what happened. Certainly, we haven't had anything approaching a blow by blow outline of what did occur, but then we were never going to get close to one. We don't even know properly when they went in: the Guardian is now reporting that the group was held under house arrest for four days, indicating they either went in late on Wednesday or early on Thursday, being picked up shortly afterwards. This is a day later than suggested by the first reports, which claimed they had set down around 24:00 on the Thursday.

If we are to believe the official story though, then the general incompetence is pretty extraordinary. We have to accept that at the point that the mission was authorised, Hague and friends were apparently completely unaware all they apparently needed to do was to make contact with the courthouse in Benghazi, where the opposition has made their temporary home. HMS Cumberland is, as Hague has accepted, berthed only two miles from there. Even in the worst case scenario, with the "health and safety" precautions apparently requiring that diplomats entering potentially hostile territory require armed backup in case things go awry, they could have let it be known they intended to dock in the harbour and take it from there. Hague even supposedly informed a former interior minister, Abdel Fatah Yunes, of what they were intending to do. Whether he critiqued the plan or not, it understandably didn't reach those on the ground the 20 miles or so from the city where they set down.

Understandable as it was that the drop took place in the dead of night (although that also highlights just how badly wrong it had the potential to go), it was always going to heighten suspicions about just what eight people, six heavily armed were doing out in the middle of nowhere, especially considering all the concerns about foreign mercenaries. If anything, it's remarkable no one ended up getting killed: they could just have easily resisted and overpowered the farm guards who discovered their presence.

Just how plausible all of this is is difficult to gauge. Were things really that tight that it was thought best to attempt to establish diplomatic facts on the ground with a couple of spooks surrounded by heavily armed SAS/SBS men, knowing full well that it was highly likely that someone was bound to notice them coming in? Was it a cock up involving this supposed MI6 man working at the farm, getting the wrong signals? Was it all agreed and the guards at the farm not properly informed? If so, why were they held for now what we're being told is a lengthy four days before they were eventually released? Was the whole situation as completely and utterly confused as it seems looking on from here?

It's always best in such situations to err on the side of cock-up rather than conspiracy, but it is worth referring back to the Bravo Two Zero debacle. The men captured last week were carrying what seems to have been highly similar kit, kit which Craig Murray describes not as anything likely to be supporting any kid of diplomatic mission but that of a raid team. He's been backed up by other former ambassadors who have described the entire episode as bizarre, even in the circumstances. While Craig has alluded to suggestions that they may have targeted an arms cache that mysteriously exploded on Friday evening, that doesn't tally with the new reports saying they had been under house arrest for four days. Other reports have suggested that Gaddafi may still have stocks of mustard gas, stocks that obviously we would want to account for and destroy if possible, although it seems doubtful they'd be based out in that part of the country. If they had been on a secret special mission to take control of something or remove a specific threat, it seems curious that they would have let themselves be taken so easily, while it seems doubtful they would have wanted spooks, even the energetic kind with them, potential cover if they were scuppered or not.

Whatever the truth, it's difficult to disagree with the verdict of Ming Campbell that the operation was "ill-conceived, poorly planned and embarrassingly executed". It's also exactly the kind of episode that Gaddaffi must have been hoping for: the British involving themselves in an incredibly suspicious landing of special forces, directly helping the rebels and potentially striking against his fightback. Even if the Arab street might currently be on the side of the uprising, it won't take many similar cack-handed acts of "diplomacy" to potentially turn that on its head, calls for a no-fly zone aside. It's also an indictment of a government that has veered from one policy to another: two weeks ago Cameron was gallivanting around the Gulf flogging weapons; a week ago he seemed to be on the verge of sending in the gunboats we don't have, only to be brought back to the realm of sensibility by Obama; and then by the end of the week he was "being kept informed" of a mission which will go down in the pantheon of special forces foul-ups.

Hague meanwhile looks completely out of his depth when it comes to an actual crisis. The worst thing that can happen to a politician is to be witheringly mocked across the dispatch box: a killer put-down or quotable insult that becomes engraved forever on their record. Everyone vaguely politically minded remembers or knows of "dead sheep" Geoffrey Howe's cricketing metaphor which helped bring down Thatcher, or Ann Widdecombe describing Michael Howard as having something of the night about him; Douglas Alexander's question of whether Hague would introduce himself to new neighbours by "ringing the doorbell or instead choose to climb over the fence in the middle of the night" has the potential to stay with him in much the same way. And every farce needs a great tagline.

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Friday, October 29, 2010 

Stepping out of the shadows while wanting to remain in the dark.

One of the glorious things about the British state has always been the notion that the hoi polloi should be eternally grateful when our social betters deign to either visit or talk to us. For the most part this has thankfully broken down, both due to the fracturing somewhat of the class structure and the shattering of the notion of deference. The only real times such attitudes still apply are when it comes to the senior royals, and even more bizarrely, when our intelligence chiefs briefly step out of the shadows to inform us all of just how deeply moral and ethical they are, saving countless lives and foiling the dastardly plans of the evil minority amongst us. We should be privileged, it seems, that they take time out of their schedules of saving the world from impending doom to lecture us on how deeply unfair it is that anyone dares to second guess what they do.

The reality is that such speeches never take place in a vacuum. When Eliza Manningham-Buller whilst still head of MI5 briefly entered the limelight she told of us of how they were monitoring up to 30 active plots, with there being around 1,600 individuals of interest to them who wished us ill. It is doubtless down to the sacrifices of MI5 that of those 30 plots causing active concern, and those 2,000 individuals dedicated to thinking up new and imaginative ways to kill us that there has not been a successful terrorist attack here since 7/7. Then again, perhaps not: figures released yesterday made clear that over the last two years, no one has been held for longer than 14 days without charge under anti-terrorist legislation. Either the terrorist threat has been consistently over-egged, to say the least, or MI5, MI6, the police and everyone else is doing a fantastic job keeping us safe from harm.

Yesterday Sir John Sawers, the current "C", or for those of us who've never much liked James Bond, the head of the Secret Intelligence Service, delivered a speech which was, and this was highlighted by everyone so we must also do so, televised live. His aim in doing so was to answer two questions, the second of which was presumably the whole point of his turning up. In the light of the completely untrue allegations made against the security services by those whose innocence has never been proved, how can the public have confidence that work done in secret is lawful, ethical, and in their interests?

It's a tricky one, isn't it? Sir John thankfully had the answer: because he said it is. In fact, it was even better than that, as his speech itself makes clear:

Suppose we receive credible intelligence that might save lives, here or abroad. We have a professional and moral duty to act on it. We will normally want to share it with those who can save those lives.

We also have a duty to do what we can to ensure that a partner service will respect human rights. That is not always straightforward.

Yet if we hold back, and don't pass that intelligence, out of concern that a suspect terrorist may be badly treated, innocent lives may be lost that we could have saved.

These are not abstract questions for philosophy courses or searching editorials. They are real, constant, operational dilemmas.

Sometimes there is no clear way forward. The more finely-balanced judgments have to be made by Ministers themselves. I welcome the publication of the consolidated guidance on detainee issues. It reflects the detailed guidance issued to SIS staff in the field and the training we give them.

Torture is illegal and abhorrent under any circumstances, and we have nothing whatsoever to do with it. If we know or believe action by us will lead to torture taking place, we're required by UK and international law to avoid that action. And we do, even though that allows the terrorist activity to go ahead.


It is really rather gobsmacking: here is the head of our foreign intelligence service first putting forward the hoary old chestnut that is the "ticking time bomb scenario", where the human rights of the suspect conflict with the opportunity to save lives, then immediately afterwards stating categorically that torture is illegal and abhorrent and that they have nothing to do with it. It's not difficult to see the conflict between these two statements, as Craig Murray most definitely has. We're back it seems to plausible deniability - putting the argument plainly and strongly for exactly the sort of abuse which has been documented post 9/11 - then stating equally plainly and strongly that they would never ever do such a thing.

If for some unfathomable reason you don't trust the word of MI6, then well, you're pretty much stuffed. For Sir John is firmly in favour of the "control principle", where by you don't release information you've received from others without their permission. This was supposedly breached when the "seven paragraphs" concerning the mistreatment of Binyam Mohamed were ordered to be published by the Court of Appeal. It doesn't matter to MI6 that the main reason for doing so was that a legal ruling in the US had already established beyond doubt that Mohamed was tortured, using information from the CIA; the principle rather than shining the light of truth on such "abhorrent" practices by our closest allies is far more important. Sawers looks forward to a green paper which will set out "some better options for dealing with national security issues in the courts", for which it's impossible to read anything other than an end to courageous judges exposing what was done in our name.

Although it reflects a Blackadder joke, Sir John Sawers is right in saying secrecy is not a dirty word. We need intelligence services, as is demonstrated by the packages which have been intercepted on cargo planes today. Openness it seems however is a dirty word. Sawers can talk all he wants about the useless Intelligence and Security Committee and two former judges who act as commissioners; their work simply doesn't provide anywhere near enough oversight into services which routinely do perform heroics, but which can equally also find themselves complicit in activity which makes us less safe, not more. What is needed is a wholly independent body, similar to the Independent Police Complaints Commission, which would conduct yearly reviews and also have the powers to investigate allegations of abuse, producing reports which would be as lightly censored as possible. For all their recognition that they can no longer hide in the shadows, the intelligence services still want to remain in the dark, and are actively fighting to do so.

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Thursday, August 26, 2010 

The sad, fascinating, prurient death of a "spy".

Gareth Williams is dead. That much we know. We also know that he worked at GCHQ, and was on a year's secondment to the Secret Intelligence Service. He was found, so we have been told, in a holdall, in his bath, where he may well have lain for two weeks. The reason he apparently wasn't missed at work was because he was on leave. He was, in any case, an extremely private person, as we've also been told. Despite this however, on the basis of the fact that women's clothing "which fit him" was found in his flat, he may well have been or either was a cross dresser, and could well have been killed by a gay lover. Or, alternatively, he could have been bumped off by another intelligence service, or even murdered by al-Qaida, although other sources are saying that is "pretty low down the list of possibilities". Whatever the truth yet to be established, he was a maths genius, a logician, socially naive, and loved cycling.

Anyone feeling slightly uncomfortable with knowing so much, or alternatively so little so quickly, and I do realise that through repeating the speculation here I'm wholly complicit in spreading it, will hardly be reassured with how his parents only identified his body today, having been "too upset" to comment yesterday, as if that somehow needed stating. Interesting however is just how the news either came to be leaked or publicised that he worked for the intelligence services, even if he was hardly the "spy" or "agent" which he is now being described as. And it's intriguing especially because the fact that he happened to work for SIS and GCHQ seems to be, based on that same speculation, both completely irrelevant and absolutely central to the attention the case is getting.

Not, it should be clear, that it's just the gutter press which is so anxious, as always, to delve into the private life of someone either murdered or missing and where the case is as yet unexplained. Jonathan Freedland, who as Sam Bourne writes Dan Brown-esque thrillers, as he both explains and plugs, mentions both Alexander Litvinenko and Georgi Markov, even though both were dissidents living in London and both were almost certainly assassinated by aggrieved foreign intelligence agencies because they either knew too much or had the insolence to defect. Williams was instead an unknown without foreign enemies (presumably), until he had the misfortune to be murdered, and while his work for MI6 and GCHQ might well have been of great worth to them, he was hardly an internationally known asset considered to be of such interest and danger that foreign agencies would have wanted him dead.

Freeland goes on to say:

The reality is much shabbier, the solitary life led by Gareth Williams surely more typical.

Well yes, although I'm not sure I'd say shabbier. The whole point of the security services and those who work for them, with the exceptions of those who rise to the very top, is that they are unknowns and have to be unknowns to remain of any worth. The likes of Gareth Williams would be highly prized by the security services, if, as friends have suggested, he was this intensely private person to begin with. Not being able to discuss your work, to have to lie to friends and family unless you can take them into your confidence, to have to potentially always be on alert, all will be so much easier on those who were already if not insular, then at least reserved.

All this is however avoiding, or rather ignoring what perhaps should be the obvious point. The very fact that Williams' employment was so willingly revealed suggests (here we go, speculating and criticising that very thing at the same time again) that his murder was almost certainly nothing to do with it. And without that detail, while his death is certainly mysterious and unusual in the way in which his body was left, with the cause of it not being immediately apparent, it would otherwise have not resulted in anywhere near the coverage and speculation which it has, and with it the almost certainly heightened discomfort his friends and family are currently experiencing. There are, admittedly, trade-offs: the coverage could result in his murderer being caught quicker than they would have been otherwise, or alternatively it could force those responsible even further into the undergrowth. Whether that will even begin to make up for the truly unnecessary photographs of his body, shrouded by a red blanket, being placed into an ambulance outside his flat and for the innuendo and prurience of so much of the speculation remains to be seen.

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Monday, August 10, 2009 

Protesting too much about collusion.

One of the more cutting criticisms made by the Joint Committee on Human Rights last week was that while the head of MI5 had no problems in talking to the media, he seemed to regard it as an unacceptable chore to have to appear in front of a few jumped-up parliamentarians. Yesterday the head of MI6, "Sir" John Scarlett appeared on a Radio 4 documentary into the Secret Intelligence Service, where he naturally denied that MI6 had ever so much as hurt a hair on anyone's head, or more or less the equivalent, as Spy Blog sets out.

This would of course be the same MI6 that passed on information to the CIA regarding Bisher al-Rawi and Jamil el-Banna which resulted in their arrest in Gambia and subsequent rendition to Guantanamo Bay, and indeed the same MI6 which along with MI5 interviewed Binyam Mohamed while he was being detained in Pakistan, where we now know he was being tortured. The Intelligence and Security Committee noted even in their whitewash report into rendition that MI6 had likely given information to the Americans which was subsequently used in his mistreatment whilst in Morocco. We've since learned that "Witness B", an MI5 officer, also visited Morocco on a couple of occasions while Mohamed was being held there, even further heightening suspicions of direct collusion in his torture.

Those two others who declined to appear before the JCHR were David Miliband and Alan Johnson, who also seem to prefer talking to the media than having to face the chore of sitting before a committee with something approaching independence. Their article in the Sunday Telegraph, responding to the report's claims was one of those wonderful pieces of writing which condemns everything, states the obvious whilst not contradicting any of the specific allegations of collusion. It's the lady protesting too much: no one said, as they do, that the security and intelligence services operate without control and oversight; indeed, it's been quite clear that ministers have known from the very beginning just what the intelligence services have been getting up to, they've just denied and denied and denied it until finally forced to admit to specific allegations, like that two men were rendered through Diego Garcia despite previously repeatedly denying it. They've in fact just admitted that they are personally accountable for what MI5 and MI6 officers get up, so we'll know who should be prosecuted should collusion be revealed, and it's difficult to believe that at some point it won't be.

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