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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Tuesday, August 04, 2009 

Torture? Look at this fucking great fish!

You perhaps would have thought, what with it being the silly season and all, that a hard news story such as the most authoritative so far inquiry into British state complicity with torture post 9/11 might have made a few waves. Fat chance. The only thing making waves, or rather no longer making them, is a dead fish. Front page of the Graun, pretty much a given, considering the paper's own contribution to the inquiry by the parliamentary Joint Committee on Human Rights (PDF), was the best it could manage.

Admittedly, it might be because it doesn't tell those of us who have been following the long and winding road from complicity in rendition with the Americans to complicity in torture in Pakistan much that we don't already know. It also doesn't specifically say that we have been complicit: such investigation was outside its remit, and besides, both David Miliband and the home secretary declined to give evidence to the committee, as did Jonathan Evans, the head of MI5. Andrew Dismore, trying to shame the MI5 director into meeting his committee even pointed out to Evans that back in January he gave an interview to a select band of hacks. If he can give an insight into the current workings of the security service to the hoi polloi in Fleet Street, surely he can spare a few minutes to say something to parliamentarians? Alas, no. Evans it seems is only answerable to the toothless Intelligence and Security Committee, where his evidence can be conveniently censored and redacted, and considering their report into rendition, which was a complete whitewash, it's no surprise why the service favours them.

Thankfully, the committee's conclusions pull few punches. Complicity in torture would be a direct breach of our international human rights obligations; despite the need for co-operation between foreign intelligence agencies, there must be mechanisms for ensuring accountability; ministers are determined to avoid parliamentary scrutiny, and the fact they can do so confirms the system for ministerial accountability for security and intelligence matters is woefully deficient; the membership of the Intelligence and Security Committee must be debated to ensure it is subject to frequent scrutiny and that it should be established as a proper parliamentary committee, with an independent secretariat; the government should immediately publish all versions of the guidance given to intelligence officers in relation to the detention and interviewing of detainees overseas; the government should follow the Obama administration and publish all relevant legal opinions provided to ministers; and lastly, the only way to restore confidence in the intelligence services is an independent inquiry into the numerous allegations of complicity in torture, which should make recommendations about improving the accountability of the security services as well as removing any scope for impunity.

Some coverage of these conclusions might well have helped towards that inquiry, one which this government at least is certain not to hold; it's doubtful also that Cameron, especially with the neo-conservatives among his front bench, is likely to piss off the security services as soon as he ascends to power. What it comes down to is that no one really cares: some of those making the allegations are after all convicted terrorists; oh, and probably the fact that all of them have brown or darker skin helps too. We will though remain in judgement of Guantanamo Bay and the explicit involvement of the CIA in torture, even when we ourselves are just as up to our necks in it.

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Wednesday, March 04, 2009 

Time to support Craig Murray. Again.

It seems an almost yearly occurrence to be making an appeal for or calling for support for Craig Murray, but this one is even more than vital than usual. The Parliamentary Joint Committee on Human Rights, which is investigating our involvement in extraordinary rendition and apparent complicity in torture, has yet to reach a decision on whether Murray should be called to give evidence. To suggest that he is the exact person they ought to be taking such information from is an understatement: he lost his job as a direct result of opposing the Foreign Office policy on accepting intelligence which was the product of torture, as long as we ourselves were not personally involved in it. Both David Miliband and Jacqui Smith have already refused to appear before the committee, similarly to how "Dame" Eliza Manningham-Buller, the former head of MI5, also previously refused to give evidence to the committee. Craig says that the government is furiously lobbying against his giving evidence, presumably for the reason that he has compelling evidence that shows undeniably that we were ultimately complicit in the torture of those picked up by likes of the Uzbek intelligence services.

Craig suggests that you email jchr@parliament.uk and urge them to allow him to give evidence. Although doubtless the full truth will not even begin to come out until a judicial independent inquiry is set-up, as has even been called for by the government's terrorism legislation reviewer Lord Carlile, the investigations by the JCHR and the Foreign Affairs select committee, which is also looking into the allegations of complicity, especially in the torture of Binyam Mohamed, not to mention the recent revelations concerning the handing over of prisoners in Iraq to the Americans who subsequently rendered them to Afghanistan, or the alleged use of Diego Garcia as a "black site". Craig has tried to expose the reality of our involvement in inhuman and degrading treatment; he was treated to smears and vilification from this government's finest as a result. We can't let them do it again.

Quoting Craig:

I wish to offer myself as a witness before the Joint Commission on Human Rights on the subject of the UK government's policy on intelligence cooperation with torture abroad.

I appeared as a witness in person before both the European Parliament and European Council's enquiries into extraordinary rendition. My evidence was described by the European Council's Rapporteur, Senator Dick Marty, as "Compelling and valuable".

The key points I wish to make are these:

- I was British Ambassador in Uzbekistan from 2002 to 2004.
- I learned and confirmed that I was regularly seeing intelligence from detainees in the Uzbek torture chambers, sent me by the CIA via MI6.
- British Ministers and officials were seeing the same torture material.
- In October/November 2002 and January/Februray 2003 I sent two Top Secret telegrams to London specifically on the subject of our receipt of intelligence gained under torture. I argued this was illegal, immoral and impractical. The telegrams were speciifically marked for the Secretary of State.
- I was formally summoned back to the FCO for a meeting held on 7 or 8 March 2003 specifically and solely on the subject of intelligence gained under torture. Present were Linda Duffield, Director Wider Europe, FCO, Sir Michael Wood, Chief Legal Adviser, FCO, and Matthew Kydd, Head of Permanent Under-Secretary's Department, FCO.
- This meeting was minuted. I have seen the record, which is classified Top Secret and was sent to Jack Straw. On the top copy are extensive hand-written marginalia giving Jack Straw's views.
- I was told at this meeting that it is not illegal for us to obtain intelligence gained by torture, provided that we did not do the torture ourselves. I was told that it had been decided that as a matter of War on Terror policy we should now obtain intelligence from torture, following discussion between Jack Straw and Richard Dearlove. I was told that we could not exclude receipt of specific material from the CIA without driving a coach and horses through the universality principle of the UK/US intelligence sharing agreement, which would be detrimental to UK interests.
- Sir Michael Wood's legal advice that it was not illegal to receive intelligence got by torture was sent on to me in Tashkent (copy attached).
http://www.craigmurray.org.uk/documents/Wood.pdf- On 22 July 2004

I sent one further telegram on intelligence got by torture, with a lower classification, following FCO communications on the subject. Copy attached.
http://www.craigmurray.org.uk/documents/Telegram.pdf
It was my final communication before being dismissed as Ambassador.

In conclusion, I can testify that beyond any doubt the British government has for at least six years a considered but secret policy of cooperation with torture abroad. This policy legally cleared by government legal advisers and approved by Jack Straw as Secretary of State.

Craig Murray
2 March 2009

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Saturday, March 31, 2007 

Don't come asylum-seekin' with us.

This government regularly finds itself being strongly criticised for its myriad failings. The right-wing press tend to lap these up, whether they themselves or those they support have any solutions of their own.

It's therefore only when you consider how the tabloids have been so successful in demonising immigrants of all kinds that it becomes apparent why not a single right-wing newspaper seems to have bothered reporting the findings of the Joint Committee of Human Rights on how Home Office legislation has affected asylum seekers over the last 10 years (PDF). One paragraph especially is worth reproducing in full:

120. We consider that by refusing permission for most asylum seekers to work and operating a system of support which results in widespread destitution, the treatment of asylum seekers in a number of cases reaches the Article 3 ECHR (European Convention of Human Rights) threshold of inhuman and degrading treatment. This applies at all stages of the asylum claim process: when an individual is attempting to claim asylum, during the period of consideration of their claim and during the period after their claim is refused if they are unable to return to their country of origin. Many witnesses have told us that they are convinced that destitution is a deliberate tool in the operation of immigration policy. We have been persuaded by the evidence that the Government has indeed been practising a deliberate policy of destitution of this highly vulnerable group. We believe that the deliberate use of inhumane treatment is unacceptable. We have seen instances in all cases where the Government’s treatment of asylum seekers and refused asylum seekers falls below the requirements of the common law of humanity and of international human rights law.

In the section on treatment by the media (dealt with in more detail by FCC) the report makes this recommendation:

We recommend that Ministers recognise their responsibility to use measured language so as not to give ammunition to those who seek to build up resentment against asylum seekers, nor to give the media the excuse to write inflammatory or misleading articles.

At the beginning of March, our beloved home secretary made the following statement:

"It is unfair that foreigners come to this country illegitimately and steal our benefits, steal our services like the NHS and undermine the minimum wage by working."

Who needs the BNP when you have John Reid? Not that there is any evidence that "foreigners" are coming here to "steal" our benefits: only 3% of the foreign nationals (662,000) who came here in 2005 were claiming them last year.

Will the report make any difference? When so little of the media seems to have noticed it, or rather bothered to report it (the Independent has a report, the Grauniad bases a leader around it, and the Mirror has a Reuters article although probably nothing in the actual paper; the Mail did earlier in the week report on a Joseph Rowntree Charitable Trust paper which covered similar ground) it's hard to be enthusiastic. FCC again probably has it right: asylum seekers are so passé. The new target for irrational hatred is Muslims or east European migrants. When no one cares about you enough to even hate you, you may as well not exist, which seems to be what the government would prefer.

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