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SPRING 20 SPRING 20 CONTENTS DIRECTOR’S LETTER

3 DIRECTOR’S LETTER 4-5 MARTHA SPURRIER Director of Liberty NEWS IN BRIEF

6-8 We’re living through an freedom during a national extensive powers of detention COVER FEATURE: unprecedented global health emergency, Liberty is keeping and that are likely THE CRIMINALISATION OF TRESPASS crisis and the world is watch to make sure the to outlive the pandemic will changing before our eyes. Government doesn’t seize get us nowhere. Now is the 9 unnecessary power or resist time for a nurturing state, not PARLIAMENT WATCH I’m writing this from my vital scrutiny. Governments all an authoritarian one. kitchen table having shut down over the world are resorting 10-11 Liberty’s offices on 16 March. to intrusive surveillance and And we all have our part to FEATURE: But although we’re scattered punitive criminalisation to play – no doubt each and NEW CASE LAUNCHED AGAINST MI5 across the country, we’re beat the pandemic. This is not every Liberty member is working harder than ever the answer. finding creative and kind ways 12-13 to demand a to support friends, family, FOI REQUESTS: A USER’S GUIDE response to the pandemic. We are demanding the UK neighbours and communities. Government uses its power As Eleanor Roosevelt once 14 Liberty was founded in 1934 to build resilience, protect said, human rights begin in MOD APOLOGISES AND RETURNS MEDALS TO and our work has continued communities and make sure small places, close to home. BISEXUAL NAVY VETERAN through peace, war, recession the most vulnerable people and upheaval. Today is no can access support. We We wish you and your loved 15 different – we will keep need concrete protections ones good luck and good GOODBYE FROM LIBERTY’S EMMA NORTON fighting for everyone’s rights for undocumented migrants, health in these unsettling and holding power to account. prisoners, immigration times. Thank you, as ever, for 16 detainees and homeless your vital support. LIBERTY MOMENT: ON THE ROAD In times of crisis human people, and we need an rights are crucially important. approach supported by While legitimate steps may science, not ideology. be taken to put limits on our Emergency legislation with

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2 3 SPRING 20

NEWS UNCOVERED: SEEKING GOVERNMENT ADVICE ON PREVENT RUSHES STRATEGY MAY TRIGGER THROUGH NEW EMERGENCY DAVID MULCAHY COUNTER-TERROR IN BRIEF Communications Officer TERROR POWERS INQUIRIES The Government rushed new measurements of your face – including our social media The Government’s counter- environmental and animal legislation through Parliament MET ROLL-OUT to make a map – more like a accounts. extremism strategy is in rights organisations alongside in February which blocks fingerprint than a photograph. complete disarray. banned far-right groups. the early release of people OF FACIAL This is a shocking violation of And the tech is particularly convicted of terrorism your rights. bad news if you’re a woman The “Prevent strategy” aims But the effects of the offences. RECOGNITION or a person of colour to identify people at risk of Prevent duty are not felt TECHNOLOGY The facial map is then because you’re more likely committing terrorist acts and evenly in society. It embeds The move was a cynical, ill- compared to images on a to be misidentified by it and intervene. It obliges public discrimination in public thought-out attempt to look watchlist. These can be of stopped, questioned and bodies – including schools, services and Muslims and tough on terror while actually The UK’s largest police force any of us, whether we’re searched by police. nurseries, universities, social people of colour have been leaving us no safer. is rolling out oppressive suspected of crime or not, services and healthcare targeted for more than a facial recognition surveillance and sourced from anywhere South Wales Police is also providers – to monitor and decade. The Government updated the technology on London’s using facial recognition in report people suspected list of terror offences in 2019 streets. More will follow public to scan thousands of of being vulnerable to And in February, we obtained so that it includes clicking just unless we stop it now. people whenever it sees fit. extremism. a document showing that once on online content deemed We’re heading back to court simply asking for advice likely to be useful to a terrorist, The Metropolitan Police’s with Ed Bridges in our case But Prevent’s definition of triggers counter-terror and travelling overseas to decision to use the tech against the Welsh force in extremism is so wide that inquiries. So when teachers, anywhere the is a surprising one. An June – we’ll be sure to keep if you are passionate about doctors and others are decides is unsavoury. So the independent review of the you updated. anything from climate change unsure and look for guidance, end of early release will also Met’s “trial” deployments said to fighting racism you risk they’re unknowingly handing apply to people convicted of the force failed to consider We can’t let facial recognition being labelled extremist and children to the police – a offences that shouldn’t be the human rights impact surveillance tech become your details being passed to clear sign that Prevent is criminalised in the first place. and using it was unlikely to normal. It isn’t normal. Almost the police. about monitoring people, pass the legal test of being forty thousand people have not protecting them from We need counter-terror “necessary in a democratic already signed the petition to This was made clear in radicalisation. measures that are evidence- society”. But here we are. ban its use in public places. You January when it was revealed based and designed with the can resist by joining them today. that a counter-terrorism The Prevent duty breeds freedom and safety of our Facial recognition cameras police document given to discrimination and destroys communities at their heart. All scan everyone within libertyhumanrights.org.uk/ health professionals and trusted relationships. It must knee-jerk laws like this do is range and use the unique facialrecpetition teachers included details of be scrapped. chip away at our .

4 5 COVER FEATURE SPRING 20 PLANS TO CRIMINALISE TRESPASS THREATEN GYPSY AND TRAVELLER WAY OF LIFE

sending a clear message that Travellers’ fundamental rights we won’t stand for these to respect for their private and plans. family lives and their right not to be discriminated against. GOVERNMENT PROPOSALS TO CRIMINALISE TRESPASS This is because if the new powers were brought in, Rather than tackling the Gypsies and Travellers would NADIA O’MARA startling inequality faced risk being criminalised just for Policy & Campaigns Officer by Gypsies and Travellers, living their traditional way of the Government has instead life. And the police could also The Government is considering drawn up harsh plans which move Gypsies and Travellers new police powers that will risk criminalising their into neighbouring boroughs, criminalise trespass and nomadic way of life. something which would “unauthorised encampments” inevitably disrupt access to – plans that mean Gypsies Last November, the schooling and medical care. If and Travellers could face announced a this wasn’t enough, the police imprisonment for their way consultation proposing that would also be given the power of life. unauthorised encampments to seize people’s caravans, Borough Council, the Court is a fundamental right and moving from place to place (camps which do not have which of course are their of Appeal said Gypsy and essential to our democracy – – is at the heart of their Liberty has teamed up formal permission) are dealt homes. Treating Gypsies and Traveller communities “have another reason unauthorised traditions and culture. These with Friends, Families and with by criminalising trespass Travellers like criminals just an enshrined freedom not to encampments should not be communities are protected as Travellers (FFT) to fight or strengthening police for living their lives also risks stay in one place but to move criminalised at all. an ethnic minority group by against these cruel proposals. powers of eviction. fostering racism towards them from one place to another.” the Human Rights Act and the We responded to the within the wider community. GYPSY, ROMA AND TRAVELLER Equality Act. Government’s consultation Liberty believes the The proposals are framed COMMUNITIES IN THE UK on these powers and created proposals are unnecessary, If these plans are adopted, so broadly that it could also Gypsy, Roma and Traveller an easy tool so our members disproportionate and would it’s likely a court would say impact on protest and other Gypsy, Roma and Traveller communities are widely and supporters could respond have a highly negative impact they are unlawful. In fact, freedoms. For instance, it communities are minority considered to be among too. We were blown away by on the lives of Gypsies and in a recent case brought by could capture road protests ethnic groups that have the most socially excluded the number of people who Travellers. They would also London Gypsies and Travellers and protest camps among contributed to British society in the UK and face replied to the Home Office, likely violate Gypsies’ and (LGT) against Bromley others. The for centuries. Nomadism – significant persecution and cont. 6 7 COVER FEATURE PARLIAMENT WATCH “Gypsy, Roma and Traveller communities are widely considered to be among the most socially Prerogative to the judiciary with the EU, the Government and human rights. Details are has so far refused to commit excluded in the UK.” scarce, but here’s what we to membership of the think might be coming... Convention in any deal on the future relationship. discrimination. Gypsy, Roma result in health problems. objecting to these proposals CONSTITUTION, DEMOCRACY and Traveller people have the Gypsies and Travellers also and standing in solidarity AND RIGHTS COMMISSION Calling it an “update” to our worst outcomes of any ethnic face considerable insecurity with Gypsy and Traveller human rights laws might sound group across a huge range of because if they don’t have communities. CHARLIE WHELTON A commission to “restore innocent, but this proposal Policy & Campaigns Assistant areas, including education, somewhere lawful to stop and trust in our institutions could drastically undermine health, employment, criminal camp, they risk being moved A MASSIVE 8,191 PEOPLE and in how our democracy our rights protections, erode justice and hate crime. on by the police at any time. RESPONDED TO THE WHAT IS PAGE 48? operates”. The Government accountability and even CONSULTATION USING OUR has been reluctant to explain threaten the One of the most serious These problems were ONLINE TOOL. A FURTHER 10,000 Party manifestos are rarely what the scope of this peace process. issues faced by these explicitly recognised by the PEOPLE USED THE TOOL CREATED closely read but fiercely commission will be, but among communities is a serious lack Government in an earlier BY FRIENDS, FAMILIES AND debated nonetheless. other things it is expected to JUDICIAL REVIEW of adequate site provision, consultation: “Accommodation TRAVELLERS. Opinions are formed based look into how senior judges or land where Gypsies and insecurity is an issue with far- on the policies that make are appointed, which could What is likely to come before Travellers can stop and set reaching impacts, including We hope this sends a clear the headlines, the election result in greater political all this is a standalone up camp. These problems on educational attainments, message to the Government happens, and then the details involvement in their selection consultation on judicial review are well documented and social exclusion and on both that it cannot get away with of manifestos are forgotten. – potentially compromising – when you ask a court to look acknowledged by the physical and mental health. proposals that perpetuate their independence. at a policy which negatively Government. The problem Additional insecurity arises and reinforce discriminatory This is why it was so bizarre affects you and might be relates both to permanent when accommodation is tropes against Gypsies to see a single page of the HUMAN RIGHTS LAWS unlawful – with the stated sites and transit sites which unauthorised and travelling and Travellers, and that Conservative manifesto aim of making sure it is not are used by Gypsies and communities are liable to be thousands of people will trending on Twitter and The commission is also likely to “abused to conduct politics by Travellers when they are moved on at short notice”. stand in solidarity with debated on Newsnight in the look at the UK’s human rights another means or to create moving from place to place. these communities. Thanks run up to the election – and laws, with the Government needless delays.” WHAT WE ARE DOING ABOUT IT to each and every one of even stranger that we are still saying it wants to “update” the The lack of adequate sites you who responded to the talking about it now. Human Rights Act. Behind this is a desire to causes a range of difficulties Liberty partnered with consultation. make it harder to hold the for these communities. It Friends, Families and Page 48 of the Conservative It may also look at our Government to account often means that people Travellers to create an online We expect the Government to manifesto is a promise to “look relationship with the European and rob individuals and don’t have access to proper tool which would help our respond in due course and we at the broader aspects of our Convention on Human Rights, organisations of the water, sanitation and hygiene members and supporters will be watching the results constitution” – everything from which the Human Rights Act necessary tools to challenge facilities, which in turn can respond to the consultation, with interest. the and Royal brings into UK law. In talks them in the courts.

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An MI5 review in 2016 found – which brings us to our new BETTER SAFEGUARDS NEEDED LIBERTY AND PRIVACY “a high likelihood [of material] challenge. being discovered when it The Government has should have been deleted”. MI5 LEGAL CHALLENGE repeatedly maintained that INTERNATIONAL TAKE JOINT And in a remarkable admission existing surveillance safeguards to the Commissioner, a senior In January this year, Liberty make sure the Snoopers’ MI5 official acknowledged that and Charter is used responsibly LEGAL ACTION AGAINST MI5 personal data collected by MI5 launched a new legal bid to and proportionately and that might be stored in so-called get MI5 to disclose the full it is compliant with human “ungoverned spaces.” extent of its unlawful conduct rights law. persistent lawbreaking by MI5 “UNGOVERNED SPACES” and to hold it to account. which might otherwise have THESE DAMNING REVELATIONS Despite these assurances, MI5 remained hidden. Documents disclosed in court LED THE THEN-INVESTIGATORY We are asking the court to was able to act unlawfully and included correspondence POWERS COMMISSIONER, LORD rule that MI5 violated our violate our fundamental rights Documents presented to between MI5 and the JUSTICE FULFORD, TO CONCLUDE rights to privacy and free for years, while continuing to the court showed that Investigatory Powers THAT THE UK SECURITY SERVICE expression by unlawfully be granted new surveillance MI5 unlawfully mishandled Commissioner’s Office (IPCO, HAD HELD AND HANDLED OUR retaining and mishandling our warrants. No one exposed ordinary people’s data for the body responsible for DATA IN AN “UNDOUBTED data. We are demanding that this conduct, the surveillance MEGAN GOULDING years, including failing to overseeing state surveillance UNLAWFUL MANNER.” surveillance warrants granted watchdog didn’t discover it, Lawyer follow rules over deleting practices), correspondence during this unlawful activity and so far the issues have not data and copying and sharing between MI5 and the Home Liberty argued that the fact are cancelled and any public been fixed. Liberty and Privacy data. In a complete failure Secretary, and reports of these breaches were possible data that was illegitimately International have launched to protect legally privileged inspections carried out by showed the Investigatory obtained or retained is The so-called safeguards a new legal case against material, MI5 also failed IPCO after they learnt of Powers Act is not fit for destroyed. We will also in our surveillance laws MI5. This follows last to mark communications MI5’s failings. Together these purpose and should be remake our arguments that clearly aren’t fit for purpose. year’s revelations that between lawyers and clients show that MI5 broke the law declared unlawful. If state the Snoopers’ Charter fails to The Snoopers’ Charter the intelligence agency as confidential. and failed to report this to agencies can knowingly protect people’s privacy and needs to be torn up and the systematically broke IPCO, despite knowing about breach the Act’s safeguards right to free expression and Government must create a surveillance laws for years These actions are a clear its non-compliance for years. for years undetected, these should be declared unlawful. regime and kept it secret from the breach of safeguards put in It also provided IPCO with safeguards are clearly that respects our rights and surveillance watchdog. place to protect the public’s false information so it could inadequate and do not protect MI5 has shown a complete freedoms. rights. In short, they are continue to obtain warrants people’s rights. As you disregard for our rights. UNLAWFUL CONDUCT EXPOSED against the law. and carry out surveillance. may remember, the judges Its dangerous and unfortunately disagreed unprecedented powers allow In June last year, Liberty went with our argument. They it to spy on us and collect our to the High Court to challenge acknowledged the grave sensitive private information FIND the Investigatory Powers seriousness of MI5’s actions without proper oversight. Our Act – also known as the but concluded this didn’t data should never have been OUT MORE Snoopers’ Charter. This is the show that the Act itself is collected in the first place. Find out how you can help us take law which gives state agencies incompatible with human To then unlawfully store and on intrusive mass surveillance powers to harvest and store rights law. share it is scandalous. We everyone’s communications – hope our case will expose the libertyhumanrights.org.uk/ regardless of whether or not The judges specifically noted, scope of MI5’s lawlessness mass-surveillance we’ve done anything wrong. however, that a separate case and help prevent such misuse Liberty’s case brought to light might be brought against MI5 of our data happening again.

10 11 FEATURE SPRING 20

the armed forces, public WHO CAN education institutions, the FOI REQUESTS: I ASK FOR police, and local government. Publicly-owned companies INFORMATION? also come under the Act.

Why, budding investigator, Want to know how many you may lodge an inquiry with complaints Northern Ireland A USER’S GUIDE any organisation classed as Water received last year ELEANOR ROSE a “public authority”. The full about overcharging? Or how Investigative Journalist list, which is fairly broad, is much the Commonwealth The Liberty Investigates team HOW TO DRAFT AN that’s obvious, but at other available on the ICO website. Development Corporation are disappointed not to be times you may want to It ranges from government spent on flights for staff? Get able to meet you at the AGM, FOI REQUEST... contact the authority you departments to the BBC, cracking. where we were planning to think is responsible first, for run a workshop on Freedom As investigative journalists, we confirmation. of Information (FOI) requests. couldn’t do our work without Instead, here’s a brief user FOI requests. They enable There are some excellent WHAT CAN I Good requests tend to call guide. Mirren Gidda explains us to ask public authorities templates online to help you for specific items, such as their use and gives tips for information that is not structure your FOI request. REQUEST? the minutes from a particular on drafting. Eleanor Rose published and which they Keep it clear, simple, and meeting. That’s because the explains who has to answer may even want hidden. This focused. You can submit You have the right to ask for authority is only obliged to them and what information information can identify new requests either by email “information recorded in any spend a certain number of can be requested. In our investigative areas or highlight or post and the recipient form” held by the authority hours responding to your next article, the Liberty human rights abuses. then has 20 working days to at the time your request was request. Investigates team will explain respond, although they may made. That includes written how to draft a Subject Access FOIs are not just for ask you for extra information. material, data, audio and Think carefully about how the Request – another powerful journalists, although video recordings, plans, and public authority is structured. tool for citizen journalists. former Prime Minister Tony They can also refuse to photographs. If you ask the Ministry of Blair, whose government answer, either because Justice for data about introduced them, bemoaned your request is too costly If the information isn’t conditions in British prisons, that it seemed that way. They or because the information recorded it can’t be they might say it’s held locally can be a powerful way for requested is covered by an requested. You can’t ask a at more than 100 prisons. members of the public to find exemption. If you disagree public authority to create new A workaround would be to out important information with the authority’s decision, information – so, for instance, ask a handful of them for the relating to local councils, you can seek further advice officials will refuse to write information. schools, or wider government from the Campaign for down what they said in an plans. Freedom of Information or unrecorded phone call. report the authority to the Firstly, you need to decide Information Commissioners’ what information you Office (ICO). The ICO will also want, and then, which assist if the authority refuses MIRREN GIDDA public authority holds that to reply or deliberately Investigative Journalist information. Sometimes withholds information.

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MOD APOLOGISES AND RETURNS GOODBYE FROM LIBERTY’S MEDALS TO BISEXUAL NAVY VETERAN HEAD OF LEGAL, EMMA NORTON

Wednesday 22 January marked couples, on data sharing with reporting rape and bullying the end of a long-fought battle “When I came out, I was the Home Office, and we in the Army; and the Deepcut for equality as Joe Ousalice made to feel like I was continue to chip away at the families of Privates Cheryl received the medals once disgusting, discharged Government’s overbearing James, Sean Benton and stripped from him when he and told that because I surveillance powers. James Collinson who never was discharged from the Navy am bisexual, my 18 years gave up. because of his sexuality. of service counted for BUT MANY OF THOSE OLD nothing. It was heart- EMMA NORTON BATTLES HAVE NEVER REALLY I am leaving to set up the Joe was in the Navy for nearly breaking – it took me Head of Legal GONE AWAY AND WE ARE IN THE Centre for 18 years. He served in the years to recover. MIDST OF A FULL-ON FIGHT AT (CMJ). I am doing this with Falklands War, did six tours of THE MOMENT. I AM COMFORTED Des James who, some of you duty in Northern Ireland, was Joe Ousalice with Liberty’s Emma It has taken me 27 years In 2009, when I started BY THE FACT THAT I AM LEAVING will recall, was a client of Norton at the medal ceremony posted to the Middle East and to get my medals back working at Liberty, we had a BEHIND ME SOME OF THE MOST ours whose daughter died at was seconded for two and a and it’s a great shame I tiny messy office in Borough. COMMITTED, KIND, ANGRY AND Deepcut army barracks. half years to a leading Nato LIBERTY REPRESENTED JOE had to take the MoD to EXPERT GROUP OF PEOPLE I HAVE task force. He was awarded a AGAINST THE MOD AND HELPED court to get here. But There was the constant but EVER MET. I AM SO PROUD TO The CMJ will provide a Long Service & Good Conduct HIM GET HIS MEDALS BACK. because I did, my case delicious smell of curry from HAVE WORKED ALONGSIDE THEM. range of legal and advocacy Medal and three Good has paved the way for the restaurant downstairs. services to people in the Conduct badges – all stripped In a historic court settlement, others to get some sort The office was either freezing For me personally, the most Armed Forces that have from him in 1993 when he Joe received what we believe of justice too. This is a cold or so hot that we got important cases have been suffered bullying, sexual was dismissed because of his is the first official, formal victory for equality and sent home. Our IT was as the ones that exposed serious violence or other abuse, or sexuality. apology to be offered to LGBT human rights and an creaky as the stairs. The institutional failure or abuse: bereaved families where veterans. important recognition of working environment has, to the families of murdered there has been a death. The Ministry of Defence (MoD) the hurt caused. say the least, considerably Alice Gross and Naomi discriminated horribly against Following our legal action, the improved since we moved to Bryant, whose deaths could Please come and visit LGBT members of the armed MoD has: I am thrilled that hundreds Strutton Ground. have been prevented and our website www. forces for decades, banning of other LGBT veterans were not – the determination centreformilitaryjustice.org. them from serving until 2000. • Offered a full apology to Joe now know they’re not While the focus of Liberty’s of those families not to allow uk and follow us on twitter Hundreds of LGBT people were and accepted that its policy alone, and that we work has changed over the their loved ones’ deaths to be @cmjhq subjected to degrading and was discriminatory, unjust and all deserve the same years, in lots of ways it has, hijacked by a populist agenda intrusive investigations into unfair recognition. I cannot sadly, had to stay the same. was extraordinary. And I am hugely excited about the their private lives, destroying thank Liberty members In 2009, Liberty had recently working for the families of all move, but I cannot imagine careers and damaging lives. • Returned his medals at a enough. Your support won important victories in those soldiers who were so what my working life will be Now, 20 years after the lifting formal ceremony enabled them to bring this the fight against ID cards vulnerable and who became like without Liberty and its of the ban, it’s crucial the MoD case and others like it”. and suspicion-less stop and the victims of a closed, self- fantastic staff and members. recognises the impact of this • Agreed to introduce a new search. Since then we have serving system has been the Thank you so much for the policy on our LGBT veterans scheme so that other veterans JOE OUSALICE held the line on the Human highlight of my career – the opportunity to work in such and does what it can to put in Joe’s situation can get their Navy Veteran Rights Act, won vital battles family of Corporal Anne- a special place. I will be things right. medals back. for the rights of same sex Marie Ellement who died after cheering you all on.

14 15 1960s Liberty has a long history of supporting Gypsy, Roma and Traveller communities.

In the 1960s, Liberty (then NCCL) campaigned against the discriminatory nature of Section 127 of the 1959 Highways Act, which explicitly forbade Gypsies to “encamp on the highway”, while leaving others free to do so.

In one notorious case in late 1965, some Gypsies were In 1968, Liberty published we feared that the Act forced out of a refuse site On the Road (pictured), would have limited effects. by the London Borough of a pamphlet aimed to help Authorities rushed to evict Bromley and moved on to create better understanding and prosecute as many a bypass. They were then of the plight of traveller Travellers as possible before successfully prosecuted communities. In this same the Act came into force and for camping on the highway. year, a breakthrough seemed the legislation finally failed in Liberty was asked for advice to arrive with the passing of its aim to provide enough sites and recommended appealing the Caravan Sites Act, which to keep pace with need. the decision. The appeal was placed a legal obligation successful – an important on local authorities to Gypsy, Roma and Traveller victory that prevented local provide appropriate sites communities continue to face authorities towing caravans for travellers. While Liberty significant persecution and away with impunity. welcomed this development, discrimination in the UK.  MOMENT