Friday, December 04, 2009 

Apologies and junk.

Have to apologise for the utterly piss-poor blogging this week, for which there's no real excuse. Will try to do better next. In the meantime, Andy Worthington has the good news that those unelected, unaccountable judges have struck a blow for freedom once again:

Yesterday, however, Lord Justice Laws and Mr Justice Owen finally addressed this lapse in the equal application of the law, ruling that it was "impossible" to conclude "that in bail cases a less stringent procedural standard is required" than in control order cases. The judges also rejected a claim by Siac that its decisions should be "immune from judicial review".

The judges' ruling came in the case of XC, a Pakistan student (and one of 10 students arrested in April), who was refused bail on the basis of secret evidence, and the case of U, an Algerian. Imprisoned without charge or trial for seven years, U had finally secured bail last summer, and lived for a short time, under a 24-hour curfew in a rented house in southern England, until, in February, then home secretary Jacqui Smith decided that he was likely to abscond, and persuaded Siac to revoke his bail and return him to prison.


And have some rather lovely dubstep while we're at it:



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Wednesday, September 09, 2009 

The sense of impending doom returns.

Did you notice anything missing over the past few months?  That slight feeling of dread which you could constantly feel in the marrow of your bones?  That cloud of doom which had hung over the country ever since 7/7, being whipped up at least once a year by either further supposed disruptions of supposed plots or by newspapers demanding that we wrap ourselves in the flag in the face of such unmitigated horror as two idiots succeeding in only setting themselves on fire.

For a while this year, since the Manchester raids turned out to be the latest example of "security sources" briefing their poisonous hyperbole to an ever compliant media, we've actually had something approaching a thaw, helped along both by the actual reduction in the supposed threat level from severe to substantial, and also MI5's own acknowledgement that there are now less "active" plots than there were previously.  Considering the claims that there was up to 30 active plots and 2,000 individuals dedicated, presumably, to the militant variety of radical Islam, this was a sudden turn around and still remains so.  In line with this, we've had less blatant scaremongering, including from the worst offender, the Sun.  The recession and expenses scandal have of course helped also.

It was perhaps to be expected then that when the verdicts were finally returned in the retrial of the "liquid doom" plotters, with this time round the three ringleaders all being convicted of conspiracy to murder on airplanes that the headless chicken act would return once again.  Yesterday we warned to be alert that al-Qaida would try to bomb aircraft again, as clearly they don't learn from both their successes and mistakes, while today the Sun has attempted to do something approaching investigative journalism by discovering that, shock horror, those convicted of terrorism offences or offences related are being released from prison when they've served their sentences.

OK, perhaps that's a little unfair to the Sun, but not by much.  As per usual though, the story doesn't live up to its billing:

FORTY convicted Islamic terrorists are back on the streets after being released from jail, a Sun investigation has revealed.

"Islamic terrorists" as a description is being used rather loosely here.  Almost all the "big names", which is another loose description, have not been released yet, as we'll come to.  In fact, the biggest name that has already been released is Abu Bakr Mansha, a quite clearly deadly individual.  When arrested, Mansha had a blank firing pistol, which someone had been attempting to convert to fire live ammunition, a balaclava, a Sun newspaper article on a soldier who had won the military cross, and the soldier's former home address, as well as the expected radical material.  Mansha though also happens to have an IQ of 69, and allegedly gave the "intelligence" which led to the Forest Gate raid.   Truly someone to worry about.

The others already released are in much the same category, and so dangerous that the Sun doesn't actually name them.  According to the paper, at least three of those convicted in connection with the 21/7 attacks have been released.  This would be surprising for the fact that as far as I'm aware, the shortest sentence passed was six years and nine months, which even with the deductions made for current overcrowding and for time spent on remand would seem to have been released early, although the sentences could have been reduced on appeal.  None of these individuals were charged with directly helping with the bombings; they provided sanctuary or helped after they had failed, while others were either relatives or wives that helped.  The vast majority of these are unlikely to be "fanatics" but helped out of friendship or even because they were under pressure to.  The organisers of the Danish embassy protests have also been released, unsurprisingly, given that however disgraceful the views expressed, there was no action behind the words, and considering that they seem to be from the usual suspects who are all mouth and no trousers.  Others include those involved on the periphery of the Birmingham beheading plot, on similar charges to the 21/7 accomplices of not disclosing what they knew even if they weren't involved, while one was convicted of having the "Encyclopaedia Jihad".  Two had helped the ringleader, who has not been released, with supplying equipment to fighters in Pakistan, but again that doesn't specifically involve any sort of violent threat in this country.  Those involved with an Islamic school in Sussex have also been released, such an important set of convictions that there seems to be very little on it anywhere.  That doesn't begin to add up to 40 but we'll let the Sun off.

How about those soon to be released then?  We'll, there's Sohail Qureshi, not to be confused with the Canadian "terror suspect".  Qureshi was arrested when attempting to travel to Pakistan, and had night vision equipment, medical supplies and £9,000 in cash in his bag.  Material was found where he talked of hopefully "kill[ing] many", and presumably hoped to join fighters in Afghanistan.  Sentenced to four and a half years, with time on remand and reductions, he's meant to be released next month, which will still mean he's served 3 years.  The judge said his offences were at the "lower end of the scale", and while undoubtedly he could be a threat, with careful supervision and the confiscation of his passport there doesn't seem to be any reason why he shouldn't be released.  Much the same is the case with the next person mentioned, "[H]ulking thug Andrew Rowe", who Peter Clarke, that former king of hyperbole as anti-terrorist chief at the Met, called a "global terrorist".  In reality the evidence against him amounted to the usual radical material, supposed code referring to attacks and a guide on how to fire mortars.  Oh, and don't forget the socks bearing traces of high explosive.  How dangerous he truly was or is is anyone's guess, as he was under careful police supervision prior to his conviction.

Next up is the other "shoe bomber", Saajid Badat, who had meant to carry out an attack on a plane at the same time as Richard Reid, but pulled out at the last minute, also cutting himself off from his handler in Pakistan.  Considering that he failed to go through with the attack and also seems to have been about to settle down when he was arrested, the threat he poses seems low to negligible.  Finally, we have Kazi Nurur Rahman, who had links to the fertiliser bomb plotters, and probably the most serious risk as a result.  He was however entrapped by the police and security services, and there was no evidence whatsoever that he actually had the money to buy the weapons beyond the 3 Uzis which he agreed to purchase.  Again though, there is no reason why he shouldn't be able to be handled by MAPPA.

There are other problems with the Sun's story beyond the actual facts.  Does anyone really believe that a "senior security source" genuinely told the Sun this?:

If this was the United States, a great many of these people coming out soon would have been sentenced to 99 years and locked away for the rest of their lives.

But in this country much weaker sentences have been handed down and a large percentage of them have received reductions from the Appeal Court.

As a result, we are faced with an extremely worrying situation. We have got to hope these people come out without violent extremist views. But the likelihood of that is slim.

This simply isn't true in any case: Jose Padilla for example, convicted of charges similar to some of those here, received 17 years and four months. The wife of one of the 21/7 bombers received 15 years just for the help she provided.

Then of course we have the views of the contacted politicians, including the egregious Chris Grayling:

IT'S time to get tough on the extremists.

Yawn.

It's time we stopped these people from operating in our society. Yet the preachers of hate continue to preach.

Who? Where, Chris? The idea that it's still preachers of hate behind most of the radicalisation is years out of date.

It's also time we outlawed radical groups who propagate extremist views and in doing so incite violence against innocent people.

So you're going to ban the BNP and other neo-Nazis are you Chris? Good luck!  As for the Sun's editorial, it calls those released and soon to be released a "Terror army".  I don't think they're going to be challenging any of the more famous fighting units any time soon.

There were two other more important terrorism stories yesterday which didn't make the Sun's front page.  There was, oh, err, a huge fucking bomb discovered on the Northern Ireland border, twice the size of the one which caused the largest single loss of life during the Troubles in Omagh in 1998.  The Real IRA just aren't as sexy or as terrifying as the "terror army" though.  Or there was Neil Lewington, given an indeterminate sentence with a minimum of 6 years for carrying what were glorified Molotov cocktails with him, supposedly on the cusp of a "terror campaign".  He though was white and a neo-Nazi, even though he was actually more prepared and ready to carry out attacks than the liquid bomb plotters were, who hadn't constructed any devices while some didn't even have passports.  Terror though no longer just corresponds to individual nutters and old, boring causes: it's planes exploding one after another however implausible and however well covered they are by the security services.  If we're left meant to be fearing those who were stupid enough to get caught once, then we really are scared of the wrong people.

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Tuesday, September 08, 2009 

Crying over spilt liquid part 94.

Congratulations are then in order to the Crown Prosecution Service for second time around managing to convince a jury that the three main ringleaders of the "liquid explosives plot" had indeed intended to target airplanes.  There was never much doubt that they had indeed been plotting an attack; the devil was in the detail of just what they were planning to target, and the case that it was to be transatlantic flights was flimsy at best, amounting it still seems to little more than the fact that when arrested Abdulla Ahmed Ali had a USB memory stick with flight times on it, as well as an e-mail, supposedly written in code to a handler in Pakistan where Ali made clear that all he had to do was "sort out opening timetable and bookings".

Not that you would have noticed from the celebrations from the authorities and also from the press that the "liquid doom" plot was indeed viable, but this second trial was also a miserable failure in as far as convincing a jury again that the underlings, including those who recorded "martyrdom videos" were guilty not only of conspiracy to murder on aircraft, but also conspiracy to murder persons unknown.  Only Umar Islam was convicted of the second charge, the jury hung on the first; the three others were cleared of the first charge while they were hung on the second, and lastly Donald Stewart-Whyte, who had only converted to Islam four months before his arrest, was cleared of any involvement in the plot.  This, it's worth remembering, is what the police are again calling "the strongest terrorism case ever presented to a court".  This strongest ever case has now been presented to a jury twice, and it's still only succeeded in convicting 3 individuals of conspiracy to murder on two separate charges, and one on a single charge.

Also interesting is that this time round everyone is openly accusing Rashid Rauf of being the plotters' main conduit to al-Qaida, which just shows how you can smear the dead, or rather, supposedly dead, of anything you like.  Suddenly Rauf is the new Khalid Sheikh Mohammed of international jihadist terrorism, not just helping the liquid plotters but also the 7/7 and 21/7 crews.  Rauf, of course, mysteriously disappeared from Pakistani custody while visiting a mosque, then equally mysteriously turned up, apparently dead, in a missile strike.  His family, quite reasonably considering that no body has been forthcoming, think that he's either still alive and his "death" is to cover up Pakistani embarrassment, or that Rauf has instead entered the American "black" system, or at least the parts which haven't been shut down, a view that I'm partial to, even if I dislike believing in a conspiracy theory.

It remains the fact that there was no need whatsoever to retry the main three convicted again today; the sentences that they would have received, which have been deferred and they will presumably now receive, likely to run concurrently with the sentences to be handed down for the new convictions, would have been substantial, likely to be in the 30 year range.  The real reason for doing so was two-fold: both to prove that there definitely had been a "liquid bomb" plot, regardless of whether or not it could actually have been carried out, and also to ensure that the government and security services were not embarrassed again for hyping up a plot out of all proportion, ala the ricin fiasco and the other plots which haven't even got past the arrest stage.  Hence tomorrow the Telegraph is running with the front page legend that up to 10,000 could have died, despite the fact that only four people have actually been convicted.  They keep claiming that up to 18 could have taken part in the attacks, but where are these supposed people and how can they even begin to suggest that was possible when they can't even convince a jury that those whom recorded videos were out to commit "mass-murder on an unimaginable" scale as John Reid so famously put it?

It would be even worse if the government were to use today's verdicts to rally support for the war in Afghanistan as Alan Johnson already seems to be doing.  The whole plot in fact illustrates the folly of what we are doing in that benighted country.  Not only does the exact foreign policy we continue to insist on enrage the likes of Abdulla Ahmed Ali and Assad Sarwar, if not radicalising them entirely then sowing the seeds which lead to them coming into contact with those of like minds who then poison them further, the policy is even further counter-productive because it's in the wrong country.  What's happening in Afghanistan is a civil war which we still seem to imagine is a global one; what's happening in Pakistan rather, is a civil war with global dimensions.  This isn't even to begin to suggest that what we're doing in Afghanistan we should start doing across the border, but it is about being honest both with ourselves and with them that the real problem is in the autonomous areas of the Pakistani state where they do still exist safe havens.  We need to help Pakistan without getting ourselves fully involved.  Tackling Salafist ideology involves not walking into exactly what it feeds upon: Western states acting like bulls in a china shop.  When we finally learn that we might not have to keep pretending that we're all doomed by 500ml bottles of soft drinks.

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Wednesday, July 08, 2009 

Her Majesty's Willing Torturers.

Since the allegations first emerged that this country had been complicit in the rendition and torture of those picked up in the so-called war on terror, we've almost never had a complete picture of what happened when, why and how. The closest we've came to was the rendition of Bisher al-Rawi and Jamil el-Banna, associates of Abu Qatada who were visited prior to leaving the country to travel to Gambia by MI5, and where they were picked up by the CIA and taken to Guantanamo Bay. It later transpired that Bisher al-Rawi had in fact been providing the police and intelligence services with information on Qatada; once Qatada himself was in custody, it seems al-Rawi was disposed of.

Thanks to David Davis, we now have the fullest account of just how complicit both the police and the security services have been in such practices, almost outsourcing torture in the case of Rangzieb Ahmed. Using parliamentary privilege to get round reporting restrictions and the secrecy which the government has easily imposed on the trials of the men alleging that they were tortured, he detailed how despite knowing that Ahmed intended to travel first to Dubai and then onto Pakistan, they let him leave the country. This was a man who they knew was almost certainly a terrorist, and whom they had evidence on which later convicted him as one, yet they let him go to what has since been called the "crucible of world terrorism". There was a method to their madness though: they suggested once he had arrived that Pakistan's inter-services intelligence arrest him. That was their exact message: they "suggested" that the ISI might be interested in him.

The ISI was happy to oblige. Once they had arrested Ahmed, both Greater Manchester Police and MI5 supplied the ISI with questions to which the ISI was more than willing to provide answers. Ahmed's torture, compared to perhaps that which Binyam Mohamed underwent, was mild by comparison. He had just the three fingernails removed, which an independent pathologist confirmed were removed whilst he was in the custody of the ISI, was beaten with wooden staves the size of cricket stumps, and whipped with a 3ft length of tyre rubber. He was, like the others who allege they were tortured, visited by officers from both MI5 and MI6, except this time, after telling them he was being tortured, they didn't return. The policy it seems, after the first allegations were made that intelligence officers had visited those who had been tortured, was that officers would not return if they were explicitly told by the person they were questioning that they were being tortured.

After 13 months in Pakistani custody, Ahmed was deported back to the UK and was convicted last December of being a member of al-Qaida and of "directing terrorism". The attempts by his legal team to have the case thrown out on the basis of the complicity of the police and the intelligence services in his torture failed, having been held in secret. His conviction does not diminish the fact that we felt the need for this man to be tortured, despite the fact he could have been arrested before he left the country, where it was quite possible he could have disappeared. His conviction also appears to have purely been down to the information acquired whilst he was in this country; his torture it seems added absolutely nothing. It seems instead to have been almost vindictive, plotted by MI5 and the police, presumably safe in the knowledge that the government wouldn't allow what they were doing to leak out. Unfortunately for them, it has.

David Davis in his statement to the Commons pointed out that the United States has somewhat attempted to wipe the slate clean when it came to their complicity and use of torture against various "terrorist suspects", even if no one responsible for putting the policy into action has been brought to justice. Instead here we still have ministers and ex-ministers completely denying that they would ever condone torture, when they quite clearly must have known what was going on, and if they didn't, they should never have been in the job in the first place and it would suggest that we have intelligence services that are completely unaccountable even to those ostensibly in charge of them. Quite obviously, there needs to be, as Davis called for, a full judicial inquiry into all the alleged cases of rendition and torture that have come to light down the years. It is also equally clear that like the Bush administration, the current government will never admit willingly that it has colluded and indulged in such medieval practices. That might just be the best possible reason that the current lot, Her Majesty's Willing Torturers, if you will, should be kicked out at the first possible opportunity.

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Thursday, March 26, 2009 

A police investigation, but how far will it go?

It's difficult to know whether to be surprised at the decision of the Attorney General to refer to the Metropolitan police her concerns that MI5 may have broken the law through its alleged complicity in the torture of Binyam Mohamed, or surprised but at the same time cynical. The manoeuvres last week by the government, announcing that they would publish the guidelines MI5 and 6 would follow when interviewing suspects abroad, that the Intelligence and Security Committee would reinvestigate Mohamed's treatment, and that there would be a new agreement with the Pakistani authorities concerning their treatment of British detainees seemed to be an attempt to bring the embarrassment involving Mohamed's allegations to an abrupt end. Hopes were not raised by the length of time that Baroness Scotland was taking to look into the claims, which themselves arose after the evidence heard in a secret session of the court case involving Mohamed's lawyers' attempts to gain access to documents detailing his detention was felt to be so serious that the "possible criminal wrongdoing" demanded further investigation. Undoubtedly both the government and MI5 would have hoped to have avoided an investigation of any sort; that Scotland has decided that there is a possible case to answer is deserving of praise, especially considering her predecessor's considerable lack of independence from the government.

It will however be prudent to be concerned about just how wide the investigation will be and whether it will get anywhere. At the moment it looks like it may just be investigating the behaviour of "Witness B", the MI5 officer who drew the short straw and was the person who interviewed Mohamed while he was being held in Pakistan, where he was already suffering ill-treatment but was yet to be subjected to the "medieval" torture that he almost certainly suffered in Morocco. It's apparent from other cases that "Witness B" was not the only person to show a worrying lack of concern for detainees' well-being while in Pakistani custody, and the spectre of him being made a scapegoat and left hung out to dry is potentially worse than there being no investigation at all. As the Guardian has established, Mohamed's interrogation by "Witness B" was almost certainly the result of an official policy which had been drawn up by government ministers in conjunction with the security services. This agreement essentially took the "three monkeys" approach: they did nothing that would directly associate them with the ill-treatment that is endemic in Pakistani custody, while also doing nothing to stop it from happening. This was further compounded by how despite claiming to not know where Mohamed had been taken, they supplied information to the Americans which was subsequently used during the "interrogation" sessions in Morocco.

In other words, this potentially goes all the way to the very top. As has been pointed out, the current head of MI5, Jonathan Evans, was in charge of international counter-terrorism at the time. It hardly seems realistic that Knacker of the Yard is going to burst into Thames House and ask Evans to come along quietly, just as it seems doubtful that the spooks will be letting anything incriminating slip into their statements to the police. They can, after all, just like normal suspects, completely refuse to co-operate with the police's inquiries. This is one of the major reasons why there should be an independent judicial review, where evidence, not necessarily in public, would have to be given under oath. Doubtless also the likes of the Sun, which has been shameless in their disbelief concerning Mohamed's treatment, will be squealing tomorrow about how it will be distracting MI5 from their vital work of keeping us safe from those whom would, uh, not think twice about instigating similar methods.

This though is not just about Mohamed, but about how we suddenly decided that complicity with torture, not just of others but our own citizens and residents was acceptable despite knowing full well that torture makes for hopeless "intelligence". Those responsible should be at the least brought to account and made to explain themselves; criminal charges may well be sought, but again they seem unlikely to stick, just as very little concerning the war on terror has stuck to this government. The hope has to be again that today's announced investigation will shed even more light on one of the most shaming events in our recent history.

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Friday, March 20, 2009 

It's not enough.

As it has done repeatedly in the past, the government has done the absolute minimum possible in an attempt to put to an end the increasing embarrassment caused by the continuing allegations of our active collusion in torture. We perhaps ought to be glad that the puny sops of publishing the guidance which the intelligence services have when it comes interrogating suspects, the reinvestigation of the treatment suffered by Binyam Mohamed by the Intelligence and Security Committee, and the promise of a new agreement with Pakistan concerning the arrest of British citizens have been offered at all; Diane Abbott seemed to sum up this government's attitude towards torture when she described ministers rolling their eyes and whispering about it "all being a Daily Mail campaign" when David Cameron unexpectedly brought the subject up at last week's prime minister's questions. These are former members of the likes of Liberty, some of them apparently still members of Amnesty International, dismissing the most brutal torture of innocent individuals as a tabloid campaign which they can just ignore, sigh and complain in private about. It might not win them many votes at the next election, pretending to care about "terrorist suspects" having their fingernails extracted with pliers or their penises repeatedly slashed with razors, but the general attitude towards such allegations still comes across as shockingly apathetic, even callous.

It's very good news therefore that Craig Murray will be called before the joint committee on human rights' parallel investigation into rendition and torture, his first opportunity to put his personal experience of information obtained via torture being used by the UK authorities before parliament. While the JCHR has been ignored repeatedly in the past, whether by MI5 chiefs or more recently by David Miliband and Jacqui Smith, it will at the least put into the open far more forcefully what has already been known but rarely highlighted for years. The same cannot be said for the Intelligence and Security Committee, a more discredited body it's difficult to think of. Its reports are unintentionally hilarious, when they are not absolutely scandalous, thanks to the ridiculous censorship imposed upon them, such as in these recent examples:

Whilst the primary focus is necessarily on international counter-terrorism (ICT) work, the UK's intelligence and security agencies also dedicate resources towards countering the challenges posed by ***, ***, the proliferation of weapons of mass destruction, regional instability in *** and the ***, and other challenges."

• "Top priority" in the UK's requirements for secret intelligence last year was given to seven areas:

• ***;
• ***;
• ***;
• ***;
• ***;
• ***; and
• ***."


And I hate to keep banging on about it, but it was also the ISC in its investigation into extraordinary rendition which decided that their definition of ER was different to everyone else's, thereby helpfully managing to clear the security services of collusion with ER in the case of Jamil el-Banna and Bisher al-Rawi.

As Ian Cobain points out, it used to be claimed that MI5's 11th commandment was "thou shalt not get caught". Now that they almost certainly have been caught, the only way to fully understand what went wrong, how far the policy went and why we actively connived with the torture of our citizens and residents is for there to be a full judicial inquiry. There have been far too many lies told for anything less to be acceptable, and hopefully the admittance at last that there may have been a problem will inexorably lead towards one being granted.

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Friday, February 27, 2009 

Jacqui Smith's contempt for the rule of law.

Keeping with Jack Straw, he's got an article in the Graun today protesting bitterly at those of us daring to suggest that we might be sleepwalking towards a police state. He naturally brings up Labour's introduction of the Human Rights Act, which does indeed deserve some form of recognition; problem is that it hasn't stopped the government itself from repeatedly breaching it.

Pertinently, Andy Worthington provides an example of the state power which New Labour wields when it thinks no one will notice or care. Following last week's Lords ruling that Abu Qatada and two unnamed Algerians can be deported, the Home Office attempted to take advantage by claiming that this meant it could revoke the bail of the two men, as well as three others also accused of involvement with terrorism. They decided however not to inform their lawyers of this, and when they did they were gagged until yesterday, when they launched a challenge before the Special Immigration Appeals Commission. SIAC ruled that no further action should be taken against the men until next week, with a full hearing scheduled for Thursday.

This wasn't however good enough for the Home Office. The two Algerians, rather than being driven home as ordered were instead taken straight to Belmarsh - in direct defiance of SIAC's ruling. The other three men were picked up in raids on their homes. Presumably this was what the Home Office had planned to do - and went through with it regardless of the ruling.

Thankfully, in a subsequent ruling today SIAC decided that all of the men with the exception of one of the Algerians should be released under the prior decided conditions, although whether this has actually happened or not is unclear. It does however show just how Jacqui Smith views the opinion of the courts when they rule against her - with utter contempt, as also exemplified by the attempt to wriggle out of the ECHR ruling on the DNA database. As Worthington points out, the Magna Carta established that the king could not on his say-so imprison someone without his peers or the law agreeing; New Labour just cannot help repeatedly ripping the rule book to shreds.

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Rendition flashback.

Thanks must go to Mr Eugenides for reminding me of a post from 3 years ago which directly accused Jack Straw of lying:

Q 23. Unless we all start to believe in conspiracy theories and that the officials are lying, that I am lying, that behind this there is some kind of secret state which is in league with some dark forces in the United States, and also let me say, we believe that Secretary Rice is lying, there simply is no truth in the claims that the United Kingdom has been involved in rendition full stop, because we have not been, and so what on earth a judicial inquiry would start to do I have no idea.

This was part of his evidence to the Foreign Affairs committee on the 13th of December 2005, six days after a memo had been circulated, subsequently leaked to the New Statesman, that suggested "moving the debate" on about our involvement with rendition. Since then, it's subsequently turned out that we've been fully complicit in both rendition and torture, but it's well worth reminding yourself of just what a bunch of lying cunts some of our leading politicians are.

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Thursday, February 26, 2009 

The rabbit hole deepens.

In the last post on our involvement with extraordinary rendition, I asked just how far this rabbit hole went. It turns out that it goes even deeper with each passing week: the defence secretary John Hutton has now had to admit to parliament that fighters detained in Iraq had been handed to the Americans, who subsequently "rendered" them to Afghanistan, presumably to the notorious Bagram airbase.

Again, this isn't any real genuine surprise. Former SAS soldier Ben Griffin, who was discharged from the army after he refused to return to Iraq, was gagged by court order from revealing just how deep the policy went of turning over prisoners to the Americans, who subsequently sent them to prisons and detention facilities where torture was endemic. He was to claim that "hundreds" had been handed over in this way; Hutton for now, despite apparently referring to Griffin, is only admitting to these two instances, allegedly involving fighters associated with Lashkar-e-Taiba, the Pakistani/Kashmiri group accused of being behind the attacks in Mumbai in November last year.

We ought to be clear: despite the claims that they were only sent to Afghanistan because there were no Pashtu speakers in Iraq to interrogate them, there have been few that have been transferred to Bagram for any other reason than to become acquainted with the "extended questioning regime" practiced there. That the men have not been released and are now entering their fifth year of detention, presumably without any charge or trial or much chance of either, is another detail that was conveninently overlooked.

As the human rights groups are now arguing, the only way to clear this up once and for all is for there to be a independent judicial inquiry, investigating all our alleged links to rendition and illegal treatment of detainees since the beginning of the "war on terror". Investigations by the Intelligence and Security Committee are no longer credible, as their perverse clearing of MI6 of involvement in extraordinary rendition in the case of Bisher al-Rawi and Jamil el-Banna showed. One thing is for sure, and that's there is a lot still to come out. This rabbit hole may well turn out to bottomless.

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Monday, February 23, 2009 

More on Qatada.

Andy Worthington has probably the last word for now on Abu Qatada in an excellent post calling for the introduction of intercept evidence.

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Friday, February 20, 2009 

Scum-watch: Pathetic apoplexy over Qatada's compensation.

It was to be expected that regardless of the level of payout, the Sun was bound to be outraged by the paying of compensation to Abu Qatada and the other men detained illegally at Belmarsh. Quite why it or anyone else is so surprised that the ECHR awarded compensation is a mystery: a more flagrant breach of both the right to liberty and a fair trial is difficult to imagine, regardless of the threat the men are said to pose. These norms and values are however ones which the Sun and some politicians have no intention of respecting when they are so apparently inimical to common sense.

The Sun's opening paragraph could hardly be more partisan:

A BARMY decision to award terror suspect Abu Qatada and eight others £75,000 for a “breach” of their human rights sparked outrage yesterday.

Barmy and most certainly not a "breach" then. You have to wonder how the Sun would respond to a British citizen abroad being detained without charge for over three years, or indeed to a British citizen not accused of links with terrorism being detained here for over three years without charge. One suspects that their attitude might well be entirely different. That Qatada is a "terror suspect" is irrelevant: he has the same rights as everyone else, and to suggest otherwise is part of where we've gone wrong in attempting to fight the terror threat. Those accused of links with terrorism are fundamentally criminals, and need to be declared as such, with normal criminal prosecution taken against them. That this is itself is controversial is partially why compensation has now rightly been paid out.

Naturally, comparisons with the victims of the 7/7 attacks are brought in:

Survivors of the 7/7 attacks on London in 2005 last night compared the handout to their own battle for compensation.

Jackie Putnam, 58, from Huntingdon, Cambs, suffered memory loss and trauma.

She said: “It seems the rules are there to protect the bad guys and the good ones get pushed aside. The suspects have won justice but there has been little or none of it for the victims of 7/7.”

Victim’s dad Mr Foulkes, of Oldham, Greater Manchester, added: “I despair when I hear of a decision like this, then I get angry because it rubs salt in the wounds.”


None of those given compensation have any link whatsoever to 7/7 to begin with, unless you can somehow make a case that they were inspired by Qatada, something I haven't seen made before. Equally, Putnam might well be referring to justice in the sense of bringing those other than bombers themselves involved to book, but if she's referring purely to compensation then there is no real comparison. Back in 2007 the government had already paid out over £3 million to the victims of the attacks, while another £12 million from a dedicated charitable relief fund had also been distributed, sums which put the total of £75,000 and £2,500 to Qatada into stark relief.

For some unfathomable reason, David Cameron also has to stick his nose in. His contribution would be hilarious if it wasn't both so dire and craven:

Unbelievably, taxpayers are going to have to pay him and other terrorist suspects thousands in compensation for detaining them.

It could have been more, but I resent every penny.


Taxpayers can directly blame Cameron for having to pay him compensation: while he was absent or abstained from the vote on the legalisation which introduced indefinite detention without charge, he subsequently voted in 2004 for the renewal of it. Also, why is it unbelievable? Does Cameron not think that detaining anyone without charge indefinitely is beyond the pale?

You have to shake your head at his sheer shamelessness.

He comes to Britain illegally — we let him stay. In the aftermath of 9/11 we detain him fearing he was planning something.

We say he can leave detention if he leaves the country. He doesn’t.

He drags us through appeals at our own courts and the European Court and we have to pay him for the pleasure.


It's about time we challenged this nonsense about him coming here illegally - by definition the vast majority of those who come here and subsequently seek asylum enter the country illegally, mainly because they have no legal way of doing so. His entry was on a false passport, and if we want to be really picky about it, it was a Conservative government which let him stay. He wasn't detained because we feared he was planning something - he was detained simply because of his links to terrorism. Likewise, why on earth would he leave detention when he's a Palestinian by nationality and so cannot return there, and also quite understandably doesn't want to return to Jordan where he faces potential mistreatment and an unfair trial. Nowhere else will take him, hence he's stuck here. He drags us through all his layers of appeal, as is his right.

This case was not even about whether he might be tortured if returned home — just that he might not get a fair trial by our standards.

Why should it be our responsibility and what should we do about it?


Actually it was about whether he might be tortured - just that the judges rejected that part of his argument, while the appeal court accepted he would not face a fair trial, a decision now overturned by the Lords. Does Qatada not deserve a fair trial "by our standards"?

First, we should have stronger border controls. A Conservative government will set up a dedicated Border Police force.

If dangerous people slip through, we should bring them to justice.


And will this border force stop those with false passports getting in and then claiming asylum? Of course not.

A Conservative government will tear up the Human Rights Act and replace it with a British Bill of Rights, so we can deal with human rights issues more sensibly.

It makes a mockery of human rights if we can’t protect ourselves against people who are out to destroy them for everyone else.


Will the Conservatives also then be withdrawing from the Council of Europe, and thus leaving the ECHR altogether? All the HRA does is institute the ECHR in British law; all tearing it up will do is mean those seeking justice will have to wait far longer before they receive it. We also have "protected ourselves" from Qatada, as the Lords judgement showed. The people who make a real mockery of human rights are those that deny they are both universal and that want to make it more difficult for the average person to seek recompense, which is exactly what the Conservatives' position will do.

On then to the Scum's incredibly poorly argued leader:

YESTERDAY was a humiliation for Britain.

We have been ordered by Europe to pay thousands to terror suspects such as Abu Qatada simply because we locked them up to keep our streets safe.

Note that throughout the Sun claims we've been ordered to do this by "Europe". The ECHR does not represent Europe: it is simply a European institution, one which we had a major hand in creating. The Sun's constant conflation of the EU with the ECHR is both misleading and almost certainly deliberate, designed to cause further apoplexy at unaccountable institutions when it simply isn't the case. It also wasn't a "humiliation": the real humiliation was that we were the only nation in Europe post 9/11 which felt that the threat to us was so serious that we had to abandon our own long-held values and liberties, while all the others got on perfectly as they had been, despite similar threats to them also. The idea that we locked up Qatada and the others to keep our streets safe is also ludicrous: if we'd really wanted to do that we would have prosecuted them, not detained them illegally and afterwards even allowed Qatada out on bail.

Worse, this disgraceful ruling means our money could well end up funding weapons to attack our own Forces in Afghanistan and Iraq.

Qatada and eight other extremists must be paid £75,000 between them in compensation and costs, rules Europe’s crackpot Human Rights Court.

Who is to say the money won’t be recycled into the back pockets of al-Qaeda?


Considering that four of those given compensation have already been deported, that Qatada is in prison and that the others are still on control orders, the chances of any of the money going on weapons to attack forces or to al-Qaida is incredibly slim to non-existent. Even if some did, I hate to break it to the Sun but £2,500 doesn't buy a lot of weaponry; it might barely cover a couple of decent guns. That al-Qaida and other terrorist groups have other rather more dependable sources of cash then those locked up over here is something of a understatement. The costs of course won't go to the men, but rather to their lawyers.

This is the lowest moment since Labour’s catastrophic decision to enforce European human rights laws in Britain.

We have to go cap in hand to a monster like Abu Qatada with a cheque from the very British taxpayers he wants murdered.


The lowest moment since the last lowest moment, obviously. The only thing catastrophic about the HRA to the Sun is that it potentially affects its business model, as we have noted in the past. If we didn't want to have to pay Qatada compensation, we shouldn't have acted illegally; it's pretty damn simple.

Europe’s human rights laws have made this country a laughing stock. We could be funding terrorists to buy guns to shoot our own soldiers.

Is that the third time in a very short article that the Sun's made the same argument? Hasn't that barrel been scraped enough? Do I really need to say again that "Europe's" human rights laws are as much our creation as anyone else's?

We can’t endure the shame of this any longer. We have to change the law.

Britain’s safety must come before pandering to Europe.


So, as previously stated, we're going to both abolish the HRA and withdraw from the ECHR, yes? The idea that we're pandering in any way to Europe is ludicrous: we're simply operating as every other democracy in Europe does, including the authoritarian likes of Russia, which is also signed up to the ECHR. The idea that we would withdraw from it while Russia stayed would make us the real laughing stock, a country which abandons its principles to fight a pathetic threat that has been ridiculously exaggerated. The Sun, as ever, only has its own real interest at heart.

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Thursday, February 19, 2009 

Even "terrorist suspects" deserved more.

It must have come as a great disappointment to the Daily Mail hacks that despite their predictions that Abu Qatada and the others illegally detained without charge at Belmarsh from 2002 to 2005 were about to receive hundreds of thousands of pounds in compensation from the European Court of Human Rights that the actual amount turned out to be a rather less outrageous £2,500, rising to over £3,000 for those detained longest. Even this miserly amount was condemned by the Conservatives as "horrifying", when the only thing horrifying about it was that it wasn't far far higher.

In that, the ECHR seems to have decided to be cautious. In its ruling it even accepted the frankly bogus assertion from the government, used to justify the detention without charge for foreign "terrorist suspects" who supposedly couldn't be tried, that there was a "public emergency threatening the life of the nation". This country has only ever faced a public emergency threatening the life of the nation once, from 1939 up until 1944, when the possibility of the Nazis launching an invasion had drastically rescinded. The very notion that somehow the likes of Abu Qatada and the other detainees posed a threat similar to then was insulting in the extreme.

We really ought to set out in detail what the detention without charge or trial amounted to. It meant that someone (as long as they were a foreign national, or in Qatada's case, stripped of their asylum status so they could be designated as one) could be accused of being involved in terrorism, where either the evidence was inadmissable or too flimsy to be brought before a court, and on that basis locked up indefinitely in one our flagship highest security prisons. You were not allowed to know what the evidence was against you, in order to challenge it; your case was instead dealt with by a special advocate appointed by the court. In short, you could only really challenge your detention as a whole by arguing that there was no real threat to the life of the nation, and that therefore the derogation from article 5 of the ECHR was unlawful. This was what the law lords ruled in December 2004. The entire Kafkaesque situation had a devastating effect on the detainees' mental health, as could have been predicted; almost all of them were prescribed anti-depressants, another attempted suicide and Abu Rideh, one of the few to be named and also awarded compensation today, repeatedly harmed himself. He was last known to be seriously ill from a hunger strike in protest at his continuing restriction of liberty under a control order. A stateless Palestinian confined to a wheelchair, the idea that he posed a threat to anyone was always laughable. Yet he too along with the others was only given a small lump sum as the ECHR ruled that their treatment did not amount to inhuman or degrading treatment.

Alan Travis points out the staggering difference between payouts, mentioning that the ECHR had previously awarded £5,500 to a British man who had been unlawfully detained for only 6 days. Some of those held were kept in custody for over 3 years before being released onto the only slightly less onerous control orders. In some cases this amounts to just over £2 compensation for each day spent illegally in custody. Put it this way: if this had happened to British citizens, and not those accused of involvement in terrorism, regardless of the fact that none have ever had to face the accusations in an actual trial, they would have been looking at compensation in the tens, if not hundreds of thousands, as Qatada had initially demanded. The ECHR seems to have decided not to inflame the tabloids further than they already have been; politically wise perhaps, but cowardly in its own way.

Less cowardly was another part of the ruling, which has finally struck a blow directly against the process of the Special Immigration Appeals Committees, where those before them are routinely denied access to the evidence held against them, making it almost impossible for them to be able to adequately challenge it. The ECHR ruled that in some of the cases, although not in all, that this was constituted another breach of article 5. It's unclear what this means for the continuation of SIAC: the ECHR accepted that where more extended information had been provided to those detained without charge, that there had not been breach of the right to a fair trial. This most likely means that the government, rather than being forced to scrap what amounts to little more than a kangaroo court, albeit an independent one, will simply have to hand over slightly more information than it otherwise would have done. A partial victory it might be, but a welcome one nonetheless.

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Wednesday, February 18, 2009 

Abu Qutata?

The somewhat surprising decision by the House of Lords to overturn Abu Qatada's successful appeal against his deportation to Jordan is a faintly disturbing one. Qatada's appeal, although based on what he claims would be breaches of various articles of the European Convention on Human Rights, was only upheld on article 6, the right to a fair trial. The Special Immigration Appeals Committee, which hears evidence in secret and where the appellants are represented by special advocates, had already held that despite Jordan's undoubted deficiencies in its legal system, Qatada's deportation could only be thrown out if there was likely to be a "flagrant" breach of his right to a fair trial under article 6.

The law lords, in turn, have agreed with the initial decision and threw out the appeal court's ruling that SIAC had erred in not putting enough weight on the possibility that the evidence against Qatada was the result of torture. Lord Phillips, in the ruling, argues (paragraph 153):

I do not accept, however, the conclusion that he has derived from this, namely that it required a high degree of assurance that evidence obtained by torture would not be used in the proceedings in Jordan before it would be lawful to deport Mr Othman to face those proceedings. As Buxton LJ observed, the prohibition on receiving evidence obtained by torture is not primarily because such evidence is unreliable or because the reception of the evidence will make the trial unfair. Rather it is because “the state must stand firm against the conduct that has produced the evidence". That principle applies to the state in which an attempt is made to adduce such evidence. It does not require this state, the United Kingdom, to retain in this country to the detriment of national security a terrorist suspect unless it has a high degree of assurance that evidence obtained by torture will not be adduced against him in Jordan. What is relevant in this appeal is the degree of risk that Mr Othman will suffer a flagrant denial of justice if he is deported to Jordan. As my noble and learned friend Lord Hoffmann said in Montgomery v H M Advocate [2003] 1 AC 641, 649

“…an accused who is convicted on evidence obtained from him by torture has not had a fair trial. But the breach of article 6(1) lies not in the use of torture (which is, separately, a breach of article 3) but in the reception of the evidence by the court for the purposes of determining the charge".


The reason why this decision is so troubling is obvious: the Lords have not only ruled that they accept that the trial Qatada is likely to face in Jordan would not reach the standards we would demand under article 6, but also that it's additionally likely that the evidence against him is the product of torture, as he himself claims. This however does not still add up to what the Lords would consider to be a "flagrant" breach of article 6, which is the threshold at which deporting Qatada to Jordan would be unlawful.

Qatada is quite understandably taking his case to his last port of call, the European Court itself, where the ruling could quite possibly turn out to be another landmark, similar to Chalal vs United Kingdom. Nothing should as yet be ruled out, as the House of Lords ruling is in itself something of a surprise, and one which has been criticised by all the main human rights groups.

It has to be said that it is a horrifically difficult decision to have to make, one which Lord Hope authoratitavely comments on at the beginning of his own argument, something well worth quoting in full:

209. Most people in Britain, I suspect, would be astonished at the amount of care, time and trouble that has been devoted to the question whether it will be safe for the aliens to be returned to their own countries. In each case the Secretary of State has issued a certificate under section 33 of the Anti-terrorism, Crime and Immigration Act 2001 that the aliens’ removal from the United Kingdom would be conducive to the public good. The measured language of the statute scarcely matches the harm that they would wish to inflict upon our way of life, if they were at liberty to do so. Why hesitate, people may ask. Surely the sooner they are got rid of the better. On their own heads be it if their extremist views expose them to the risk of ill-treatment when they get home.

210. That however is not the way the rule of law works. The lesson of history is that depriving people of its protection because of their beliefs or behaviour, however obnoxious, leads to the disintegration of society. A democracy cannot survive in such an atmosphere, as events in Europe in the 1930s so powerfully demonstrated. It was to eradicate this evil that the European Convention on Human Rights, following the example of the Universal Declaration of Human Rights by the General Assembly of the United Nations on 10 December 1948, was prepared for the Governments of European countries to enter into. The most important word in this document appears in article 1, and it is repeated time and time again in the following articles. It is the word “everyone". The rights and fundamental freedoms that the Convention guarantees are not just for some people. They are for everyone. No one, however dangerous, however disgusting, however despicable, is excluded. Those who have no respect for the rule of law - even those who would seek to destroy it - are in the same position as everyone else.

211. The paradox that this system produces is that, from time to time, much time and effort has to be given to the protection of those who may seem to be the least deserving. Indeed it is just because their cases are so unattractive that the law must be especially vigilant to ensure that the standards to which everyone is entitled are adhered to. The rights that the aliens invoke in this case were designed to enshrine values that are essential components of any modern democratic society: the right not to be tortured or subjected to inhuman or degrading treatment, the right to liberty and the right to a fair trial. There is no room for discrimination here. Their protection must be given to everyone. It would be so easy, if it were otherwise, for minority groups of all kinds to be persecuted by the majority. We must not allow this to happen. Feelings of the kind that the aliens’ beliefs and conduct give rise to must be resisted for however long it takes to ensure that they have this protection.


That's around as detailed and sound an argument against the tabloid case for kicking them out immediately that could possibly be made. It's therefore a shame that Lords have effectively ruled that both unfair trials and evidence obtained by torture, as long as both occur outside the countries which have signed up to the ECHR and as long as the breach is not deemed to be "flagrant" are in some way acceptable. It's true that this is not their argument, which is as legally sound as it could possibly be, but that is in effect what they have decided. It comes, as we have seen, at a time when our own connivance with torture is being exposed as never before, when questions are being raised about how deeply involved we have been during the initial stage of the so-called war on terror with almost routine breaches of international law. It gives the impression, however undeserved, that our own values concerning such practices are becoming more jaded and diluted just when the opposite should be the case.

Fundamentally, the extended legal drama concerning Qatada should not have ever even began. If Qatada is as dangerous as the government claims he is, and if he is indeed guilty of inciting racial hatred and radicalising Muslims as he is accused of doing, the question remains why he cannot be tried here. Similarly, we still don't know just how involved Qatada was with our security services, when there are claims in the public domain that he was a double agent, albeit one it seems who is still reasonably well respected within takfirist jihadist circles. If the evidence against him cannot currently be considered outside of closed sessions, then intercept evidence needs to be introduced, although it needs to be in any event urgently. Both of these things should have been considered and potentially implemented before we resorted to simply getting rid of him, back to a country with a poor human rights record that by our own courts' admission would not reach our own standards regarding a fair trial. Instead we seem to be making compromises regarding torture that we need not be. That is an indictment of our politicians, rather than our courts of law.

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Well, that went well...

You would be forgiven for thinking that the liquid doom trial accused just aren't meant to be found guilty of conspiring to murder by blowing apart airliners - just a day after their retrial began, the jury ends up being discharged for "legal reasons". We can only speculate as to why, as if it was only something affecting one juror they could possibly have been replaced, considering the very early stage the trial was at. As noted yesterday, the security services and government must really be hoping that it's third time lucky.

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Tuesday, February 17, 2009 

How low can we go?

It's quite quickly becoming apparent why the government has been so desperate to prevent the full details coming out regarding the torture of Binyam Mohamed, with it attempting to pass the buck onto the United States, claiming that to release the documents would threaten our intelligence links with that country - the truth now appears to be that we have been directly complicit in the torture of British citizens in Pakistan since after 9/11.

Allegations really don't come much more serious than those being made in today's Guardian, based on the testimony of an MI5 officer during the court case concerning the release of the documents last year. In what appears to amount to a "see no evil, hear no evil, speak no evil" approach, MI5 officers questioned detainees that had been at the least ruffed up and at the worst tortured without expressing any concern for their well-being or bothering with such slight concerns as whether their detention itself was legal. This doesn't seem to have been an ad hoc approach, but rather one which was actively discussed and decided upon by security service lawyers and Whitehall officials. Moreover, in Mohamed's case it appears that MI5 actively cooperated with his rendition to Morocco, or at least knew it was going to happen, where he was brutally tortured, something which it has always denied, although it has previously admitted to giving information to the Americians which was subsequently used during his torture. To top all of this off, David Miliband actively solicited a letter from the US state department which confirmed his claim made to the judges in the case that if the documents were released, the US would stop intelligence cooperation. Miliband then in parliament directly contradicted himself, claiming that the US authorities had done nothing of the sort, which has itself prompted the case to be re-examined.

We did already know that our own intelligence services had been involved in the US programme of "extraordinary rendition", when the CIA helpfully temporarily disposed of Bisher al-Rawi and Jamil el-Banna, former associates of Abu Qutada, who were arrested and taken to Guantanamo after they left the UK for Gambia. We knew from Craig Murray that our government had no qualms whatsoever about using "intelligence" which had its source in the torture of opposition figures in Uzbekistan, and that the same practice was doubtless in place across the globe. These latest revelations though go beyond all that, into direct complicity with the active torture of British subjects and citizens in a third country, with MI5 and the government directly collaborating and discussing how such information should be used and whether it was legal or not. It's little wonder then just how far the government has gone in trying to stop these allegations from coming out: they are the kind which ought to result in instant sackings and resignations, in investigations and inquiries into how and why we decided that torture was fine as long a third party was doing it and those being abused were thought to be involved in terrorist activities. They are due to be investigated by both the parliamentary committee on human rights and the toothless and spineless intelligence and security committee, but neither is likely to get fully to the bottom of what seems to have gone on, and the latter especially has already been involved in a despicable whitewash of our role in rendition.

All this has come at the same time as an interview with the former MI5 head Stella Rimington, in which she warned that the government was directly exploiting and manipulating the terrorist threat in order to restrict civil liberties, a definitive report from the International Committee of Jurists, which investigates how post-9/11 human rights have been abused and sacrified in the name of security and finding terror, as well as making recommendations on how to recover from the current low ebb, and as the government seems to be determined to paint not just Muslims, but anyone with even slightly radical or controversial opinions as potential extremists, not to mention the retrial of the liquid bomb suspects. Anything Rimington says should be treated with caution, not just as an ex-spook but also because she was personally involved in the surveillance and infiltrating of any vaguely radical group during the 1980s, something which was never even close to being justified when most posed about as much threat to the British state as Timmy Mallett, but when a former agent denounces the way civil liberties are being abused, many do pay attention. Likewise, the ICJ report ruthlessly exposes just how low we have sunk in such a short space of time, while the government's latest "counter-terrorism strategy" illustrates vividly New Labour's apparent addiction to demonising those opposed to its own moral and political values rather than engaging and challenging them.

As the Heresiarch argues, we shouldn't kid ourselves that it's only in times of tension that governments and other state organisations try to exert their powers to the limit; it's what they do naturally. It's therefore ludicrous to imagine that an opposition party, however pure their values might be while out of power, would not do much the same once in it in order both to satisfy the traditional demands of the authoritarians and reactionaries in the press and to stay in government itself. It is however equally difficult to believe that the Conservatives or Liberal Democrats could possibly be any worse than Labour has been. How far, after all, does this rabbit hole go? We've had illegal war, complicity in torture and the suspension of habeas corpus. The only thing left for them to do seems to be to go in for targeted assassinations. After all, we've got to get on a level playing field with the Israelis somehow.

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It's deja vu all over again.

The retrial of the men accused of masterminding the liquid doom plot has duly commenced, not that you'd know it was a retrial because none of the news reports have deigned to mention that fact, which is curious in itself. Last time round the prosecution failed to convince the jury that the target for the bombings was to be transatlantic flights, to the disbelief of those who hadn't bothered to note that about the only evidence directly linking them to planes was the routes highlighted on a memory stick, along with diary notes written by one of the men which hinted at getting through security of some kind.

The biggest quandary concerning the retrial was whether new evidence would be introduced against the men, and while we can't tell what else the prosecution might yet have in store, the opening statement by Peter Wright QC doesn't seem to suggest that there will be. Still the prosecution is using the claim that the attacks could have caused deaths on a "unprecedented scale", when they know full well that the men hadn't even came close to actually assembling a viable device. The closest they had reached was the bomb-maker, Sarwar, apparently boiling down the hydrogen peroxide to the required dilution, but there is still a long way from there to exploding it on an airplane and successfully destroying it and killing all on board. Possibly new is the claim that others involved were overheard discussing targeting different flights from different terminals, but if it was left out the first trial that would be a remarkable oversight, and if it wasn't, it still wasn't enough to convince the first jury to convict.

All of which raises the question of what happens if this trial also ends in the jury failing to be convinced that planes were the target. Only three of the men were previously convicted of conspiracy to murder, Ali, Sarwar and Hussain, while all the others had already pleaded guilty to plotting to cause a public nuisance. Will the state keep trying until it gets the result it wants, be satisfied with the doubtless lengthy sentences still to be handed down, or go with imposing control orders? All of these options have the pitfall of exposing the initial certainty of all involved that this was the terror plot to end all terror plots as fraudlent. Despite all the survelliance of the men, the following and the huge amount of evidence sifted through, is there really nothing that conclusively links them to blowing up airliners? If so, it will be just another case of hyperbole and exaggeration about "the threat" designed to cause even greater fear in the general public, with the ban on liquids on airliners, which has always been ridiculous, even more absurd. This jury may yet convict, and the security services and the government must be desperately hoping that they do.

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