LawyerI G SocialistMagazine of the Haldane Society of Socialist Lawyers Number 43 March 2006 £2.50

Guantánamo: Close it down Clive Stafford-Smith

Haldane’s Plus: HELENA MICHAEL FINUCANE: Plus: PHIL SHINER, 75th KENNEDY ON ‘WHY NO PUBLIC CONOR GEARTY, birthday ‘THE RIGHTS INQUIRY OF MY ISRAELI WALL, see back page OF WOMEN’ FATHER’S MURDER?’ SECTION 9 & more HaldaneSocietyof SocialistLawyers PO Box 57055, London EC1P 1AF Contents Website: www.haldane.org Number 43 March 2006 ISBN 09 54 3635 The Haldane Society was founded in 1930. It provides a forum for the discussion and Guantánamo ...... 4 analysis of law and the legal system, both Clive Stafford Smith calls for the release of the eight Britons still held by the US nationally and internationally, from a socialist perspective. It holds frequent public meetings News & comment ...... 6 and conducts educational programmes. US lawyer Lynne Stewart; Abu Hamza and Nick Griffin; Colombian lawyers; and more The Haldane Society is independent of any political party. Membership comprises Young Legal Aid Lawyers ...... 11 lawyers, academics, students and legal Laura Janes explodes the myth of youth apathy workers as well as trade union and labour movement affiliates. Human rights and the war on terror .. 12 President: Michael Mansfield QC Professor Conor Gearty discusses the Human Rights Act and the British Constitution Vice Presidents: Kader Asmal; Louise Christian; Jack Gaster; Tess Gill; Haldane Lecture series ...... 15 Helena Kennedy QC; Dr. Paul O’Higgins; Details of our upcoming 75th anniversary lectures Michael Seifert; David Turner-Samuels; Professor Lord Wedderburn QC Pat Finucane’s murder ...... 16 Chair: Richard Harvey Michael Finucane asks why the British Government has still not held a public inquiry ([email protected]) Vice-Chair: Liz Davies ([email protected]) Secretary: Christina Gordon ([email protected]) Socialist Lawyer Editor: Rebekah Wilson ([email protected]) Treasurer: Declan Owens ([email protected]) International Secretary: Bill Bowring ([email protected]) Membership Secretary: Marcus Joyce ([email protected]) Executive Committee: John Beckley; Adrian Berry; Claire Bostock; Tom Bradford; Hannah Brooks; Kevin Cobham; John Hobson; Ashok Kanani;

Rekha Kodikara; Catrin Lewis; Picture: / reportdigital.co.uk Jess Hurd Monika Pirani; Alex Gask; Nick Toms Regional Contacts: Helena Kennedy QC on I West Midlands: Brian Nott, Flat 3, ‘the Rights of Women’ ...... 18 64 Prospect Road, Mosley, Birmingham An extract from Helena’s lecture in our 75th anniversary series B13 9TD I Manchester: John Hobson Israel and the separation wall ...... 22 ([email protected]) Hannah Rought-Brooks on the myth and reality of the Israeli state’s claims Sub-committees I Crime: Richard Harvey Armed forces and the law ...... 28 ([email protected]) Phil Shiner argues that abuse of Iraqi civilians by British soldiers is not an isolated case I Employment: Daniel Blackburn ([email protected]) Book review ...... 34 Liz Davies on an excellent new book on deportation, asylum and human rights I International: Bill Bowring ([email protected]) I Immigration and Asylum: Adrian Berry Editorial team: Rebekah Wilson, Declan Owens, Richard Harvey, Hannah ([email protected]) Rought-Brooks, Cate Briddick I Student contact: Tom Bradford Design & Production: Smith & Bell Design ([email protected]) ([email protected]) Printed by: The Russell Press Many thanks to all our contributors and members who have helped with this issue

2 I Socialist Lawyer G March 2006 from the Chair

So, comrades, come rally… e are celebrating our 75th Anniversary in a spirit their many identities. No wide indictment of any people or any of renewed activism. The Haldane is attracting groups of peoples makes legal or moral sense. The demonisation of many new members and drawing on the experi- Muslims and Islam since September 11, 2001 does not make ence of its veterans in holding the first annual sense; neither does the attack on the people of Denmark or its gov- Haldane Human Rights Lecture series. We have ernment for the insensitivity of a private body. Tolerance requires had four inspiring talks in under three months: self-restraint.” WHelena Kennedy (“Rights of Women,” see p.18), Michael Mansfield In the early 1980s, Geoffrey Bindman and I worked with Kader and Gareth Peirce (“Time to Repeal the Anti-Terrorism Laws”), Daniel in the North of Ireland to investigate the Shoot-to-Kill tactics used by Machover and Asad Rehman (“Shoot-to-Kill”), and John Hendy and the army and police. Our report documented over 160 cases of Tonia Novitz (“The Trade Union Freedom Bill”). Those to come unarmed individuals shot dead by the security forces in suspicious include Rick Scannell (“Future of Refugees and Human Rights circumstances. Then, in 1989, Kader and I arrived by chance Law”), Louise Christian, Michael Finucane and Suresh Grover together at the house of his former student, Pat Finucane, to pay our (“Inquiries and Public Confidence After the 2005 Act”). Full details respects to the murdered solicitor’s family. As we entered the house, are at p.15. there was a small group of people gathered around a 16 year-old As progressive lawyers we have a unique duty to hold our gov- young man who, with remarkable composure, was telling how the ernment to account for its international human rights obligations. gang of loyalists had broken into the house and opened fire as the We have launched the Haldane campaign, “Close it Down, Bring family sat at their Sunday dinner two days earlier. That was our first them Home”, to focus on British government complicity in the torture introduction to Michael Finucane, who has gone on to become a of nine men in Guantánamo Bay and to demand they be granted champion of liberty in his own right. I feel privileged that we are able their rights to British residency (Clive Stafford-Smith, p.4, Haldane to publish his account of his family’s continuing fight for truth at p.16. letter, p.5). If you have not already done so, please join our cam- As he clearly shows, the shameful conduct of the present govern- paign by writing to Jack Straw and Charles Clarke. Together we ment in passing the Inquiries Act 2005 only compounds the shame can hasten the closing of Guantánamo and ending the international of its predecessors whose agents conspired to assassinate Pat. crime of “extraordinary rendition”. Do nothing and we let our gov- To return to South Africa in conclusion, in a recent web-search I ernment get away with torture. found that apparently each country has its own version of The Our 75th Birthday Bash on May 3rd at Conway Hall (see back Internationale and I was particularly struck by the contemporary cover) is a must for all progressive lawyers. Please join Jeremy message in South Africa’s second verse: Hardy, Shami Chakrabarti, Jon Snow and others in celebrating the “No more deluded by reaction Haldane’s rich, impressive history. It will be an evening to remem- On tyrants only we'll make war ber and an opportunity to help sustain the Haldane so we can con- The soldiers too will take strike action tinue regular publication of Socialist Lawyer and create and maintain They'll break ranks and fight no more a Haldane website as a vital tool for legal activism and education. And if those cannibals keep trying The website is under construction and we plan to launch it in time for To sacrifice us to their pride our Birthday. They soon shall hear the bullets flying To do all this will cost more money than we receive from our cur- We'll shoot the generals on our own side.” rent subscriptions so please check the rates inside the back cover So comrades, come rally with us on May 3rd. It won’t be the last to make sure your standing order is for (at least) the appropriate fight that we face but we’ll have a damned good party. See you amount. Please do more if at all possible; many members pledge there. £10 – £20 a month. Please note: Silvio Berlusconi does not provide G Richard Harvey, chair, Haldane Society mortgages to members, not that we would accept them, of course. ([email protected]) Neither do we offer peerages to donors. On the subject of honours, however, we congratulate our Vice- President, Professor Kader Asmal MP, who was awarded the Légion So I said to d’Honneur on February 9th in recognition of his tireless struggle for Jack Dromey: international human rights and the freedom of South Africa. I have can you lend me known Kader for 30 years, first when he was senior lecturer in law twenty quid? at Trinity College Dublin, then as Minister for Water and Forestry under President Mandela and as Minister for Education under President Mbeki. He recently chaired the UNESCO committee which produced the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expression. It calls cultural diversity a ‘com- mon heritage’ and defending cultural diversity an ‘ethical impera- tive inseparable from respect for human dignity.’ In his acceptance speech, on the theme of National Identity and Human Rights, Prof. Asmal said: “All law begins and ends with the central responsibilities and

rights of each individual and how individuals relate to society in Picture: / reportdigital.co.uk Jess Hurd

Socialist Lawyer G March 2006 I 3 GUANTÁhere are eight British residents still in Guan- tanamo Bay. Bisher al TRawi has lived just out- side London for 18 years, since his family fled Saddam Hussein. Jamil el Banna has five British children awaiting his release; CLOSE IT Shaker Aamer has four. Omar Deghayes’ father was murdered by Clive Stafford Smith AND BRING by Col. Gaddafi, before the family turned to this country for There was a ninth British resi- stays out of the country for more Judas Iscariot, betraying every- protection in 1986. Ahmed Er- dent in Guantanamo, my client than two years has no right to thing he should respect. First, he rachidi spent 18 years as a chef Jamal Kiyemba, who was re- return. betrayed Jamal, who would in London. Binyam Mohamed leased two weeks ago. He has I was astonished. Jamal and never be allowed to come home lived in Kensington before the lived in Britain since he was 14. the other prisoners had only to see his mother, his brothers, Americans rendered him to Mo- His life was not easy – his been out of the country for over and his friends. Second, Clarke rocco for 18 months of torture, mother moved to Britain, leav- two years because they were betrayed his principles: Far from where his interrogators took a ing him to a father in Uganda held in Guantanamo, illegally assisting the British resident razor blade to his penis. We do who was then killed in an acci- and involuntarily. I wrote again, prisoners who were being tor- not know a lot about Ahmed dent. Jamal was shuttled back asking for an urgent meeting. It tured, he had stabbed them in Ben Bacha and Abdelnour and forth until he finally found was urgent because the prisoners the back. Sameur, as the Americans have a home here. He went to school were being subjected to terrible Third, Clarke betrayed the not allowed anyone – let alone a and university here, studying abuses. Seven months went by Law Lords, who recently barred lawyer – to see them for four pharmacy. The Guantanamo this time without any response the use of torture evidence in of- years. guards thought he was British; at all. My mother would call ficial decision-making: While The British government, in but for a piece of paper, he was. that bad manners. Clarke has not had the decency line with virtually unanimous At Reprieve, we have strug- On 9th February, Jamal was to tell Jamal the basis for this world opinion, has consistently gled to help Jamal and the other released from Guantanamo, be- ban, he indubitably relied on ev- condemned the endless, lawless British residents for many cause the Americans had deter- idence abused out of Jamal by and – according to the UN most months. I had hoped, with all mined, officially, that he was no the American military. Neither recently – torturous detention of due naiveté, that the Govern- threat to anyone. But he was does Clarke allow Jamal the the prisoners in Guantanamo. ment would be keen to assist our sent to Uganda not Britain. The right of reply. If Jamal was able Since human rights apply by def- efforts on behalf of these all-but- moment it happened, I did fi- to convince an American mili- inition to all humans, it stands Britons, and I wrote to the nally receive a communication tary tribunal that he posed no to reason that the Government Home Office asking for help from Mr. Clarke: “You should… threat, presumably he could would strongly support the right bringing the prisoners home. Mr. be aware that the Home Secre- convince even a British politi- of all prisoners to a fair trial. Clarke first chose the role of tary has personally directed that cian, if only he were allowed the This might seem doubly obvious Pontius Pilate, washing his hands [Mr. Kiyemba] should be ex- chance. in the case of people who have rather than standing up for a cluded from the UK on grounds Clarke’s actions are despica- lived in Britain, peaceably, for principle. It took three months, of national security.” ble, of course, but this is merely up to two decades. but we eventually received a Through this message, Clarke an example of how the new Blair Would that it were true. reply saying that a resident who metamorphosed from Pilate into terror rules operate. The Govern-

4 Socialist Lawyer March 2006 ÁNAMO Haldane Society of Socialist Lawyers c/o Tooks Chambers, 8 Warner Yard, Warner Street, London EC1R 5EY Chair: Richard J. Harvey ([email protected]) Vice-Chair: Liz Davies President: Michael Mansfield QC DOWN 10th March 2006 THEM HOME CLOSE IT DOWN AND BRING THEM HOME The Haldane Society has launched a campaign calling on the ment now claims the right to ban it is offensive. The most effective British Government to secure the release from Guantánamo of anyone who it “suspects” to be counter-terrorism measure is the eight British residents and to restore their rights of residence in an “international terrorist”, de- consistent enforcement of the UK. We also seek the return of a ninth British resident, fined as including any person human rights – hardly a novel Jamal Kiyemba, recently released by the US but refused entry who “has links with a person idea, but one that ‘New Labour’ by British officials. who is a member of, or belongs appears to be unable to grasp. to, an international terrorist If Omar Deghayes is not al- The Home Office recently told Clive Stafford-Smith of Reprieve group.” Jamal was in Guan- lowed to return to Brighton – that a resident who stays out of the country for more than two tanamo, so he clearly has “links” where the council has voted years (irrespective of whether their absence was the result of to 500 people identified, rightly overwhelmingly to welcome him illegal kidnap, false imprisonment and torture) has no right of or wrongly, by the Americans as home – the Libyan delegation return. They refused Kiyemba’s request to rejoin his family in terrorists. I represent more than that visited Guantanamo in this country on “grounds of national security”, notwithstanding 40 Guantanamo prisoners, so 2004 has already promised that the Americans’ determination that he presents no such threat. that puts me in the same boat – he will be tortured and killed or cell. there. If Shaker Aamer is forced We have therefore written to the Foreign and Commonwealth In seeking to propagate the to go to Saudi Arabia, his four Secretary and the Home Secretary, emphasising the rule of law around the world, little children may never see him government’s human rights obligations to these nine British the Government’s first stratagem again. If Bisher al Rawi is forced residents and insisting on their right to return here. was to create indefinite deten- to go to Iraq, who knows what tion without trial in Belmarsh. will happen to him. As lawyers we have a particular responsibility to hold our In opposing the ‘anomaly’ of At least Clarke has warned us government to account when it fails to live up to its human Guantanamo, the Government’s what he plans to do. The other rights obligations. We urge you and your colleagues to join us next plan was to refuse any help eight British residents need our in this campaign and to send us copies of the letters you write. to the prisoners with ties to help now to prevent a repetition United, we can make a real difference, not only to the lives of Britain who are held there. In of Jamal Kiyemba’s fate. these nine men but to the worldwide campaign to close down opposing torture, the Govern- Guantánamo and to stop the illegal practice of “extraordinary ment’s new idea is to use torture Clive Stafford Smith is renditions”. evidence to bar Jamal Kiyemba Legal Director of Reprieve, which from this country, without provides legal representation to Michael Mansfield, President telling him what the evidence is, prisoners on Death Row and in Richard Harvey, Chairperson let alone offering him the chance Guantanamo Bay. Contact Liz Davies, Vice-Chairperson to refute it. This is as foolish as [email protected]

Socialist Lawyer March 2006 5 News&Comment

had an agenda,” Juror 39 said. She said she was too scared to US attorney to face jail for find in Stewart’s favour. “I have to plead guilty to being a coward,” she told the Washing- ton Post. “I punked out.” ‘assisting terrorists’ Stewart was tried together with her interpreter, Mohammed fter a trial contami- communicating Omar Rahman’s Yousry and Ahmed Sattar, a sup- nated with prejudicial views to people outside his im- porter of Omar Rahman. Prose- and irrelevant evi- mediate family. By signing the cutors adduced evidence of Adence, leading US civil Order, she agreed to refrain from thousands of hours of wiretaps rights lawyer, Lynne Stewart is assisting Rahman in any attempt recording communication be- facing up to 20 years in prison. A to communicate with the outside tween Sattar and a terrorist New York jury found her guilty world. Breaching the Order was group. The aim was to suggest of providing material support to not itself a crime, but the Justice that Stewart knowingly assisted terrorists, and she is expected to Department decided to indict her the enemies of the US. Convicted be sentenced on 30th March. with assisting a terrorist. at the same trial, Yousry and In a career spanning more At trial, Stewart said that is- Sattar are facing 20 years and than three decades Stewart, 66, suing the press release was part life imprisonment respectively. has acted as trial attorney to of her duty to represent the The jury, sitting less than a many controversial defendants cleric, to progress negotiations mile from Ground Zero, heard including members of the Black between his supporters and the highly prejudicial evidence which Panthers and senior Mafiosi. Egyptian government. The Fed- included screenings of the Sep- Stewart’s conviction came eral prosecutor said Stewart was tember 11th attacks, and a video after she represented Egyptian Lynne Stewart: outrage directly assisting the Islamic tape of Bin Laden lending his cleric, Abdel Omar Rahman. Group. She “effectively broke support to Omar Rahman. None Omar Rahman is said to be the filmed talking loudly in English Abdel Rahman out of jail, made of this was relevant to the allega- spiritual leader of an Islamist to provide cover for her inter- him available to the worst kind tions Stewart faced. militia, the Islamic Group which preter while he read out ques- of criminal we find in this world, Stewart says that if she is sent the US labels a terrorist organisa- tions and messages from the terrorists,” he said. to prison, she will be a political tion, and is serving life imprison- cleric’s supporters in Egypt. In There are many troubling as- prisoner. She says that the Justice ment for his part in a plot to the critical messages used as evi- pects about the conduct of her Department’s targeting of radical blow up prominent Manhattan dence at her trial, the cleric’s trial and the circumstances which lawyers is another front in the so- bridges, tunnels and other land- supporters asked him for his surrounded it. As well as ques- called ‘war on terror’ and that the marks including the UN build- opinion on whether the Islamic tions about the relevance of the struggle for civil rights will ing. Stewart was a member of Group should maintain its cease- evidence, allegations of jury in- become a much harsher place if the defence team that repre- fire with the Egyptian govern- timidation have surfaced. Since lawyers are silenced with threats sented Omar Rahman at trial. ment. Omar Rahman said he did the verdict in June 2005, two of imprisonment. “Political After his conviction in 1996, not want to see an end to the jurors have come forward anony- people know that lawyers are the Stewart continued to act as his ceasefire. Stewart then passed mously to report intimidation first line of defence. And if they’re attorney. this message to a Reuters corre- inside the jury room and outside. gone, then the political movement At Stewart’s trial, the key evi- spondent. Incorrectly, she told They said they feared for their as such may well be gone, be- dence against her was a series of the correspondent that Omar safety if they said Stewart was cause who are you going to call? covert FBI video recordings Rahman had withdrawn his sup- not guilty. One juror, known as There’s nobody left except very which showed meetings between port from the ceasefire. juror 39, gave an interview to the scared people who are not going Stewart and Omar Rahman. The In passing the message to Washington Post in which she to do your politics, not in an videos were made during her Reuters, Stewart breached a civil stated that other jury members open courtroom,” she said. I visits to him in prison – in gagging order she had signed in had discussed their wish to teach G Dominic Teagle breach of privilege. Stewart was 2002. The Order forbade her the defendants a lesson. “They For info: www.lynnestewart.org November December 10: First double jeopardy trial to 24: A rape case is halted 28: Brother and sister of Omar 2: The US executed its 1,000th 5: The Civil go ahead. Billy Dunlop faced two after it was argued that Sharif, who joined a suicide bomb prisoner since the death penalty Partnership Bill trials for the murder of Julia Hogg, “drunken consent is still mission at an Israeli bar, cleared at was reinstated in 1976. Kenneth becomes law. “It both juries faild to reach a verdict consent”. The judge the Old Bailey of failing to tell the Lee Boyd, a convicted double- accords people in and he was acquitted. The DPP directed the jury to deliver a authorities about his plans. First murderer, was pronounced same-sex relationships gave consent for the trial to be verdict of not guilty. people to be prosecuted under a dead at 2.15am (0715 GMT) the same sort of rights referred to the Court of Appeal for Around half of all rape cases provision of the Terrorism Act that after a lethal injection of three and responsibilities a possible retrial. First such case involve drink – arguably one makes it an offence not to disclose drugs. Boyd never denied that are available to since 800-year-old double reason the rape conviction information about an impending shooting and killing his wife and married couples,” say jeopardy law abolished in April. rate is so low. terrorist attack to the police. her father in 1988. the government.

6 I Socialist Lawyer G March 2006 News&Comment

‘Get back to Justice for Russia’? They Gurkhas: won’t let Bill… report is out rofessor Bill Bowring, he report, ‘The Gurkhas: Haldane’s international The Forgotten Veterans’, secretary, a British bar- by Ian Macdonald, QC Prister and a leading Tand Haldane EC mem- expert on human rights in Russia bers Hannah Rought-Brooks and was refused entry there last No- Rebekah Wilson, was launched in vember. “I was detained for six the Houses of Parliament on 6th Liberty’s Shami Chakrabarti (far right) at the launch, with Cardiff students hours at the airport,” Bill told SL, February. The report highlights “then the FSB (formerly KGB) of- the impact of the iniquitous terms ficials cancelled my multi-entry of contract on Gurkha veterans. visa, and said I was being de- Project launched to combat Of particular concern, the ported and that the order ‘came report highlighted the lack of from higher competent organs’.” miscarriages of justice free medical aftercare for Bill was flying to Nizhnii Nov- Gurkha veterans. It was Anne gorod to act as an international he first Innocence Pro- miscarriages of justice is an in- Widdecombe MP that spoke pas- observer at the trials of the Russ- ject in Wales has been creasing but neglected concern. It sionately on the discrimination ian-Chechen Friendship Society, launched by Liberty’s is so important that law students against Gurkhas at the launch! which has come under sustained Tdirector, Shami keep the presumption alive. Inno- It is perhaps a reflection of this legal assault over the past year. Its Chakrabarti. The project, in as- cence projects are more impor- current Labour Government that Director is accused of “inciting sociation with Wales Liberty, was tant than ever if we are to make an issue of poverty and inequal- racial hatred”, and the organisa- officially opened at Cardiff Uni- sure convicted people who may ity is given more attention by tion of tax evasion. versity’s Law School on 16th not be guilty are not left to lan- Conservative MPs than Labour Bill told SL: “They cancelled February. guish forgotten in our prisons.” MPs. The issue of the veterans my multi-entry visa which was Designed to investigate possi- The Project is linked to ‘Inno- treatment will valid to September 2006. I have ble miscarriages of justice, the cence Network UK’ of which not go away, now started judicial review pro- scheme uses the skills and enthu- Michael Mansfield QC is a although of ceedings in two courts in Russia, siasm of students under profes- Patron, and has established simi- course it will in- and following my formal request sional academic and legal lar schemes in Bristol and Leeds. creasingly be too for reasons was given a really in- supervision as a tool for un- John McCarthy, of Leo Abse late for some of significant one – that I allegedly earthing wrongful convictions. & Co and Chair of South Wales the older veterans. failed to hand back the second Sixty-five students, at undergrad- Liberty, said: “It is often difficult Action point: half of my landing card on a pre- uate and postgraduate level, for solicitors to investigate claims Please help the vious occasion. In fact, I always completed a training programme of innocence due to restrictions Gurkha veterans, do hand them back. I have been at the School from October to on funding in appeal cases. The by writing to your MP and ask given a visa to go to Kazakhstan December of 2005 to prepare innocence scheme is supported them to sign the Early Day later this month, which is encour- them for the Project. by us as a firm as it allows stu- Motion tabled by Anne Widde- aging... and two colleagues from Speaking at the launch, Shami dents to do investigative work on combe, entitled ‘Justice for the European Human Rights Ad- said: “At a time when there is no real cases under supervision Gurkha Veterans’. For further vocacy Centre are presently in presumption of innocence for a where wrongful conviction is sus- information contact: Russia now working on our 90 suspect on the street and a dimin- pected and a miscarriage of jus- hannah.rought-brooks@ ECtHR cases against Russia. They ishing one for defendants in the tice may have occurred.” I tooks.co.uk or rebekah.wilson had no trouble getting in.” I criminal court room, the risk of G Jodi Morgan @tooks.co.uk I

6: The CPS decides no criminal 8: Law Lords rule that 12: Northern Ireland 20: Asian prisoners in 21: The Appeal Court rules charges will be brought against evidence gained under torture secretary, Peter Hain, England and Wales now face that British soldiers iin Iraq are any individuals in relation to the cannot be used in UK. They announces the more racist bullying and bound by the Human Rights Paddington rail crash which over-turned an appeal court Government is shelving its abuse than black prisoners. Act which forbids torture and claimed 31 lives. After a three judgement from last August, bill to grant amnesty to Chief Inspector of Prisons, inhuman or degrading year-long investigation it was which decided that such “on-the-run” paramilitaries. Anne Owers, says that 52% treatment of prisoners. The sdecided that there was evidence could be used if it was The Northern Ireland of Asian inmates say they feel judgement also criticised the “insufficient evidence to provide a obtained abroad by third parties (Offences) Bill was unsafe compared to 32% of way the military has realistic prospect of conviction of and if Britain had not condoned scrapped after criticism white prisoners and 18% of investigated allegations of any individual for any offences.” or connived in the torture. by all parties involved. black inmates. criminal conduct by UK forces.

Socialist Lawyer G March 2006 I 7 News&Comment

faith groups such as Christians and Muslims because they do Stirring speeches not constitute a single ethnic block. So, whilst both promulgated the same types of and varied verdicts views, Abu Hamza was convicted for directing his comments against Jews, a racial he recent trials of stirring up racial hatred with the or ethnic group, whilst Griffin, Muslim preacher Abu use of such statements. who propagated anti-Muslim Hamza and British Na- BNP leader Griffin was hatred, walked free for directing Ttional Party leader Nick charged with two counts of his comments at Muslims, a faith Griffin added stimulation to the using words or behaviour in- group unprotected by the law. discussion on freedom of expres- tended to stir up racial hatred Massoud Shadjareh, Chair of sion, already in the throes of a and two alternative charges of the Islamic Human Rights Com- global debate generated by the using words or behaviour likely mission expressed sentiments publication of the controversial to stir up racial hatred. An un- felt by many: “At a time when Danish cartoons, and in the dercover BBC journalist for a we are witnessing free speech midst of a national debate over documentary about the BNP mania directed at Muslims who the government’s Racial and Re- captured him on film making the have been told to put up with ligious Hatred Bill. However, inflammatory speeches at private any insult, offence and abuse in perhaps more importantly, the meetings in West Yorkshire in the name of free speech, this ver- trials demonstrated the di- 2004. In excerpts from the dict sends yet another signal that chotomy faced by the govern- recordings, Griffin called Islam a Muslims are not equal in the ment in tackling the twin “vicious, wicked faith” and eyes of the law of this country.” problems of Islamophobia and claimed that the Quran says Following the Griffin verdict, Muslim extremism. “you can take any woman you the government was quick to Both Abu Hamza and Nick want as long as they’re not point out that it had introduced Griffin were charged with simi- Muslim. These 18, 19 and 25- its Racial and Religious Hatred lar offences relating to incite- year-old Asian Muslims are se- Bill to plug this gap, a piece of ment to racial hatred under the ducing and raping white girls… legislation vehemently opposed Public Order Act 1986. Abu right now.” by proponents of freedom of ex- Hamza was charged with three Both Abu Hamza and Nick pression. The government as- counts relating to ‘stirring up Griffin relied upon freedom of serted that a successful racial hatred’ and one count of expression in their defence, and prosecution of Griffin might Two different results from The Guardian owning recordings related to both denied they were racists. have been brought under the ‘stirring up racial hatred’. Evi- The outcomes of the trials for original form of the Bill for the incite racial hatred introduced dence presented was a series of the two men were, however, dif- “reckless” use of “threatening, under the Race Relations Act nine speeches, recorded in audio ferent. Abu Hamza was con- insulting or abusive” language 1965, was of Michael Defreytas, and videotapes, which took victed on 7th February whilst instead of the watered down ver- alias Michael X, a Trinidadian place between 1997 and 2000 at Griffin was acquitted by a jury a sion of “threatening” language Black Power activist. In 1970 he various locations including few days earlier, on 3rd Febru- used with the intention of stir- was convicted for stating, Blackburn, Luton, and Finsbury ary, after they failed to reach a ring up religious hatred. “White men who go with Negro Park Mosque. Abu Hamza was verdict on all of the charges. Whilst the government may women should be killed.” This captured referring to Jews as The trials highlighted an assert that such legislation would led many to believe that the leg- “blasphemous, traitors and anomaly in racial hatred be used to tackle Islamophobia, islation had been brought in to dirty” and stated that “Hitler legislation which provides let us remember the implementa- curb the growth of black power was sent into the world” be- protection to mono-ethnic tion of racial hatred law in the movements. cause of their behaviour. The religious groups, such as Jews UK. The first prosecution for There is the inherent risk prosecution accused him to be and Sikhs, whilst leaving out publishing material liable to that Racial and Religious January 3: The DNA profiles of nearly 17: An inpector’s 18: The Government 25: The House of Lords reject 29: Police have 31: Corporal four in 10 black men in the UK report on Leeds prison, drops its plans to an attempt to change the launched an Gordon Pritchard are on the police’s national one of the country’s privatise the probation contoversial imposition of a 28- investigation into becomes the database – compared with most overcrowded jails, service after criticism day limit on police powers to claims of 100th British fewer than one in 10 white men is failng to protect from judges, detain terror suspects without “systematic” racial soldier to be according to figures compiled prisoners from bullying magistrates and more charge when peers turned down assaults, racist killed in Iraq. by The Guardian newspaper. and intimidation by staff than 80 backbench a 60-day limit offered as a abuse and brutality as well as othr inmates. Labour MPs. compromise instead of the 90 by prison officers at days originally sought by Tony maximum security Blair and Charles Clarke. Whitemoor prison.

8 I Socialist Lawyer G March 2006 News&Comment

the situation. Soraya herself has been a victim of persecution. Colombian lawyers Two years ago, a group of unidentified gunmen armed with sub-machines opened fire on the in the firing line bullet proof vehicle in which she was traveling in Bogotá, the capi- tal of Colombia. Although olombia’s armed con- on a motorbike as he left his Soraya managed to escape flict, which pits the office. Despite repeated appeals unhurt, she is now forced to Colombian army and to the police about numerous travel with armed bodyguards at Ctheir paramilitary allies death threats, he was denied any all times. against the left-wing guerrillas, formal protection. No one has The administration of extreme has been waged for over 40 been arrested for this crime. An- right-wing President Alvaro years. But when people think of other lawyer, Ernesto Moreno Uribe has the full backing of the Colombia they rarely move away Gordillo, from the Colombian US and UK governments in the from the two most common mis- Association of Democratic Ju- form of military aid yet it cur- conceptions about the country’s rists, was assassinated last No- rently has the worst human conflict; that it is a simply about vember after being shot three rights record in the West. drugs and terrorism. The reality times by gunmen. The TUC is backing ‘Justice is that of the thousands of vic- tims who are murdered or “dis- appeared” every year, most are civil society activists who have suffered this repression at the hands of State Security Forces and their allied right-wing para- military death squads. According to the International Confederation of Trade Unions , Colombia is the most dangerous place in the world in which to be a trade unionist – over 3,500 unionists have been assassinated in the last 20 years. Colombia is Justice, Colombian-style also one of the most dangerous Hatred Bill may be used as an place in the world in which to Increasing efforts are being for Colombia’ (JFC), which instrument against those it pur- defend labour and human rights. made to raise awareness and en- funds human rights projects for ports to protect. Many lawyers have been assassi- courage solidarity with our trade unionists and human rights Whilst the trials of Abu nated in recent years, whilst Colombian colleagues. Last No- lawyers representing political Hamza and Nick Griffin may many others have “disap- vember, Soraya Gutiérrez, a prisoners, and is organising a demonstrate the notion that peared”, received death threats, prominent Colombian human lawyers’ delegation to Colombia, some are more equal than been held in prison on trumped rights lawyer and a member of from 12th to 20th May 2006. If others, any proposed remedies up charges or tortured for their the Corporación Colectivo de you are interested in participat- need to be carefully considered, work. This perilous situation was Abogados ‘José Alvear Re- ing in this, or would like more particularly so in a time of con- exemplified by the assassination strepo’, (a human rights lawyers’ information, contact Mariela at tinuing onslaught on civil liber- of Pedro Perez Orozco last Octo- collective), visited the UK and the Justice for Colombia office ties by a government determined ber. Pedro, who was a prominent met with many lawyers including on 020 7794 3644 or at to ‘win’ the ‘war on terror’. I human rights and labour lawyer, the Haldane Society Executive [email protected] I G Sultana Tafadar was gunned down by two men Committee, to raise awareness of G Steve Cottingham February 9: Figures released show that 9: Shakeup in the way 13: Government wins vote that 17: Doctors who give mistaken 20: The defence secretary, serious violent crime, including lawyers are paid for means millions of British evidence in child abuse cases John Reid, blames human stabbings, fell by 21% following criminal defence work in citizens will be compulsorily are granted immunity in law from rights lawyers for helping to the introduction of longer pub England and Wales will see required to hold an identity card disciplinary action ina undermine the morale of opening hours. The statistics earnings at the top cut and and see their biometric details groundbreaking high court ruling British soldiers in Iraq. Reid cover the last six weeks of 2005 redistributed to barristers placed on a central data base. that cleared the controversial said British soldiers faced and areas where police who do one to 10-day Anyone applying for passports paediatrician Professor Sir Roy an “uneven playing field of participated in a crackdown on cases in the crown court. or immigration documents will Meadow of serious professional scrutiny”. drinking. Overall violent crime Final phase of the review is in two years time be required to misconduct. fell by 11%. expected in May. apply for an ID card.

Socialist Lawyer G March 2006 I 9 News&Comment

Deathpenalty success in the Bahamas he mandatory death penalty in the Bahamas suffered a fatal blow Twith the help of UK lawyers. In a landmark decision delivered on 8th March 2006, Planting a peace garden and damaging fences at Aldermaston; police not keen… the Judicial Committee of the Privy Council unanimously to the Gospel.” Stephen Han- struck down the mandatory cock argued that “an ongoing death sentence imposed on those ‘Vine and fig tree’ trial: crime is being committed at convicted of murder in the Ba- AWE Aldermaston. Nuclear hamas, as being in breach of the weapons are vehicles for mass Constitution. Since 1973, sixteen who are the criminals? murder. Developing nuclear people have been executed in the weapons is conspiracy to Bahamas, six of them in the last n the early hours of 5th were called. One of the witnesses murder.” All eight of us were ten years. As leading counsel in August 2005 a group of us called into the witness stand was given generous room to present the case, Edward Fitzgerald QC, entered the Atomic Weapons PC Judge (yeah, for real). Since our defence. of Doughty Street Chambers, IEstablishment at Aldermas- all eight of us conducted our 9th February. The judge had argued that judges should have a ton and planted vines and fig own defence we were all entitled promised that today she would discretion in applying the death trees. We were soon arrested for to cross-examine all the wit- give us the verdict. My prison penalty. If they had, and mitigat- our attempted conversion of a nesses. Per Herngren asked PC bag with some books, stamps, a ing circumstances had been taken nuclear weapons research facility Judge: “If you found out that pen, a notebook and some into account, many individuals into… a peace garden. Our trial AWE Aldermaston was commit- money, was packed. I had pre- may not have been executed. followed in Newbury Magis- ting a crime would you have a pared myself both mentally and The decision is a milestone in trates’ Court in February this duty to report it?” He answered: physically to go to prison if that the international campaign year and our vine and fig tree “Yes.” “Would you have a duty would be the sentence. In her against the death penalty. Parvais community, about ten people to stop that crime?” Again he verdict statement she found each Jabbar, of Simons, Muirhead & from five countries, sent out invi- replied: “Yes.” We used this later defendant guilty of criminal Burton, said: “Because discre- tations to friends to come to the on in the trial to say that the damage to a value of £1,805. tionary not mandatory use of the trial and we received good help police have a duty to stop the She also said that issues like nu- death penalty may be used, 29 to from Bindman and Partners. ongoing crime that is being com- clear weapons are “not for this 30 inmates’ cases will now be 7th February. Into court came mitted at AWE Aldermaston court”. The prosecutor wanted heard as a direct result, providing Madame Leigh, a district judge. through the development of ille- us to pay a fine compensating the opportunity for full litigation She asked us each whether we gal nuclear weapons. for the damaged fence and court to go before the judge.” considered ourselves guilty or 8th February. We were given costs. The judge asked us all for Keir Starmer QC, of Doughty not guilty. All eight of us an- the opportunity to give an oral a “statement of mitigation”. All Street Chambers, said: “This is swered “Not guilty”. The prose- presentation in the witness of us said that we would refuse the culmination of a ten year liti- cutor, a young man in a striped stand. Susan Clarkson, a to pay any compensation or fine. gation strategy to abolish the suit, called 27(!) witnesses to Catholic nun said: “I went to Al- We didn’t want to give money to mandatory death penalty in the prove the Crown’s case. We in- dermaston because I am a Chris- the Ministry of Defence which English-speaking Caribbean”. I tervened and managed to reach a tian. I believe that all killing is protects illegal activity nor to the G Jodi Morgan deal where only five witnesses wrong. Aldermaston is contrary court which protects AWE Al- February March 17: Lord Carlile, after a year-long 20: David Irving starts 23: Lord Falconer, the Lord Chancellor 8: A family of Gypsies 13: Did Sir Ian review into restraint in juvenile a three-year prison announces plans, under a pilot scheme, to allow lost their appeal Blair’s secret detention centres, says methods that sentence in Austria for the families of murder and manslaughter victims against eviction from a taping of his inflicted sharp bursts of pain would, denying the Holocaust to speak out in court about the impact on their public recreation phone call with the in another setting, be considered and the gas chambers lives. Those who prefer not to speak in person ground near Leeds in a Attorney General abusive and trigger a child of Auschwitz. He went will be able to ask a victim’s advocate to speak judgment from seven breach the Data protection investigation. He said on trial for two speeches on their behalf after the killer’s conviction but law lords which Protection Act and there should be a ban on the use of he delivered in the before sentencing. At present, families have the clarifies local councils’ European human handcuffs for child offenders and an country 17 years ago. right only to make a written victim statement but responsibilities under rights laws? end to full strip searches. victims are often not told of their right. the Human Rights Act.

10 I Socialist Lawyer G March 2006 YoungLegal Aid Lawyers Myth of ‘youth apathy’: only dead fish go with the flow

egal aid in England is on and job security. But young legal European the brink of disaster. aid lawyers are also aware that Carter has produced his personal sacrifice is not enough. Lfirst report, complete And that is why the Young Legal champions with plans for short term Aid Lawyers formed in April last contracts and fixed fees; the year. league Regulatory White Paper We have a wide range of proposes to transform the very members, including students, he European Association essence of the profession and trainees, pupils and young of Lawyers for Democ- strip away our independence; solicitors and barristers who are racy and World Human the “Fairer Deal”, government’s committed to working in legal TRights’s Admin Council overarching vision for legal aid, aid but who realise that, if they meeting took place on 18th Feb- envisages enhanced services but are to be able to carry out good ruary in Bilbao. The day before promises no extra money. The quality work for their clients, the meeting, myself as EALDH future looks bleak. they will need to fight to dermaston. The judge went out President, and Thomas Schmidt, Meanwhile, senior preserve the system we have. for half an hour to consider. the Secretary General, partici- practitioners are concerned that Lawyers are trained fighters and When she came back we were pated in a widely-reported meet- there is “no new blood coming young legal aid lawyers are asked to stand up while she de- ing with 40 lawyers from the into the profession” or that they determined to fight for access to livered her sentence: “Four Basque country. The main issue simply can’t afford to take on justice for ordinary people. We weeks in prison. Suspended for was the 18/98 Macro-Trial in trainee solicitors. None of the do this by submitting substantive six months. And compensation Madrid against 59 Basques. After new proposals mention how responses to government for the damage to the defence of this meeting we went on a peace- young or newly qualified proposals, organising meetings £201 each.” She left the room ful 20,000-strong demonstration, lawyers will be attracted to and publishing articles. We also and we began to ask each other organised by most of the Basque work in legal aid. The Legal provide an informal support what that really meant. Those political organisations, from left Services Commission proudly network to encourage each other more experienced in the court to right. A report on this trial has promotes their sponsorship and those toying with the idea of explained that it meant that if been written by Haldane member scheme for trainees, but have legal aid work. So, far from we do not commit any criminal Tim Potter, who visited Madrid not disclosed which firms have being apathetic, we are fighting offence within six months we and Bilbao in January. Offers to such sponsorship. The number on all fronts. don’t have to serve the four take part in observation missions of sponsored places is minimal But this is not enough: we weeks in prison. So for the will be gratefully received. and, on the whole, training need support from the moment we are free. Many in The meeting was attended by contracts in legal aid are like cut profession as a whole. In the the group felt that the verdict Basque, Bulgarian, English, price gold dust. Contracts and first week of one member’s was almost like an invitation French, German and Italian pupillages in the area are few training contract, her supervisor from the judge for us to continue lawyers. Future events include and far between, pitifully paid told her she was “mad” to be the planting. She suspended our preparation of the EALDH Con- and often incredibly pressured. going into legal aid at this time! planting, and prolonged it. ference “Social Rights in Added to this, there is the While there are many senior I felt that we managed to Europe”, 6th May in Berlin; a general perception about our practitioners that have voiced transform the courtroom. It was Colloquy on “Reform of the generation. We are Thatcher’s their concerns, young lawyers no longer about a broken fence ECHR system” in Strasbourg, babies (I remember my milk often meet with a disparaging but instead about the illegality autumn 2006; an Expert Meeting being taken away!) and we sense of gloom and acceptance of nuclear weapons and about a in Paris in November “Which learnt “Me! Me! Me!” along of the changes. This is simply vision of a world in peace. From Europe do we want?”; participa- with our ABC. We have been not on. Young aspiring legal aid time to time in there I could tion in a conference of EDL (Eu- brought up to believe that it lawyers need the support and actually see a disarmed world. ropean Democratic Lawyers) on would be utterly foolish not to solidarity of our seniors if our It was a beautiful sight! I 20th-21st October in Barcelona, earn as much as possible, to fight against the tide is to come G Martin Smedjeback “Situation of Refugees on the keep as quiet as possible and to to anything. http://ickevald.net/vineandfigtree Borders of Europe”. look after No 1. It is unlikely that any lawyer planters G Bill Bowring It is not surprising then that reading this will be guilty of such there is a general perception pessimism or apathy. That is that young people are not precisely why we are chuffed to interested in committing to legal be asked to write a column for 14: No worker will be forced to 16: The boss of a railway aid work. Socialist Lawyer. We will be retire before 65 and employees maintenance firm was today convicted But this simply is not true. keeping you up to date with our who are sacked because of their of the manslaughter through gross There are hundreds of young views of new proposals and age will be able to claim unlimited negligence of four workers who died aspiring legal aid lawyers, sharing the energy of a group of compensation under age when a runaway wagon hit them. Mark desperately trying to find their young people doing anything but discrimination laws unveiled by the Connolly was also found guilty at way into legal aid work. Often going with the flow. government. The regulations will Newcastle crown court of three counts G come into force in October if of breaching health and safety laws in this means sacrificing city- Laura Janes, Chair YLAL approved by Parliament. connection with the tragedy at Tebay, sponsored training contracts or www.younglegalaidlawyers.org Cumbria two years ago. the promise of a decent income [email protected]

Socialist Lawyer G March 2006 I 11 After the 9/11 attacks in America and the 7th July attacks in London the Gov- ernment argued that British anti-ter- rorist legislation needs to be updated to enable it to respond to the “new” threat that the UK faces. Is the threat posed by terrorism motivated by Is- lamic extremism so different from threats to national security that the UK has encountered in the past? Well. it is obviously different at one level, the descriptive one. But at another level it is not: the state has had to deal with violent threats to its integrity before, and these have invariably been presented as uniquely threatening to the fabric of the nation. So at this level of gener- ality there is a lot of repetition. Of course there is a risk of mass destruction but actually that risk has been there for longer than people allow. Similarly, whilst the techniques of killing are different – through the use of suicide bombers for example, the use of semtex and dynamite were also “new” in their day, as was (more recently) the use of remote controlled explosions. Hazel Blears has argued that criminal law in the UK is not suitable for dealing with terrorism because it is reactive; concentrating on the proceedings that occur after a crime has taken place. By contrast, she argues, anti-terrorist leg- islation aims to prevent terrorist acts from occurring, something that the criminal law is not equipped to do. Do you accept this justification for the need for legislation that deals with ter- rorist offences differently to “ordinary” crimes? No, I don’t. The criminal law now has a range of crimes that can deal with pre-substantive offences, for example: attempt, incitement, conspiracy, and solicitation to murder. Good police investigative work can be done via the ‘LANGUAGE ordinary criminal law which empowers them to act in a number of ways before a crime is committed through arresting, stopping and searching and entering and searching property. OF FEAR IS Consequently it is a mischaracterisation of the criminal law to describe it as only “reactive”. Why have Governments historically de- ployed anti-terrorism legislation if the DIFFICULT criminal law regime is able to deal with terrorist threats? After a bad atrocity I think governments like to be seen to be doing something new. To be TO BEAT’ fair, there is pressure on the government to act Professor Conor Gearty is the Director of the Centre for the Study of Human Rights at the London School of Economics and is a founder member of Matrix Chambers where he continues to practice. Professor Gearty has published widely on human rights law and terrorism and in this interview with Cate Briddick he discusses the place of the Human Rights Act in the British constitution, the Government’s legal response to the war on terror and the need to recast ‘national security’ as ‘human security’

12 I Socialist Lawyer G March 2006 Picture: Jess Hurd / reportdigital.co.uk / Hurd Jess Picture: L 13 I March 2006 March G Lawyer Socialist strength from the knowledge that their that the knowledge from strength of a discussion the Lords were part speeches in of overriding conclusive statements rather than government had to The of law. declarations not release the issue head-on and address the for having blaming the judges detainees whilst exactly as it hand forced. This is had their in a democracy. should be On 24th January, the Council of Europe On 24th January, reported that it is “highly likely” that of governments aware European are of up to the “extra-ordinary rendition” to third Europe 100 prisoners through they may face torture. countries where Alan Dershowitz, author and Harvard has argued University law professor, that if torture is going to be “adminis- as a “last resort in a ticking tered” bomb case to save enormous numbers with of lives” it should be done “openly, by the with approval accountability, of the United States or by a president Court the is- Supreme justice” through At the Fabian Conference on British- At the Fabian Conference place on 14th Janu- ness which took ary Julian Baggini 2006 philosopher argued of that debates on the concept liberty exclusively on in- which focus libertyfringements to negative are in the ideology of the libertarian routed Labour movement right. In contrast the that free- has traditionally understood the complex, and through dom is more state has recog- of the welfare creation from for freedom nised the need disease and ignorance. Do you poverty, a think that the UK would benefit from rights charter or constitution which gave citizens “economic and social rights?” I think that in England, the idea of pre-politi- cal negative liberty was initially a progressive the one, enabling the propertied to defeat King, but that it became reactionary when through the gradual democratisation of (what had become) the UK a gap grew up between the the propertied / wealthy and the voters. To pre-political property rights and other former, at- negative liberties outside politics became the tractive excuses for denying the power of (now increasingly democratic) legislative democratic branch. It was out of this latter, and tradition that the Labour party emerged, with it a suspicion of human rights that lasted for decades. Instead, Labour has historically to used its control of the sovereign parliament deliver social and economic rights in the form of positive legislation which the judges were they not able easily to destroy (though which could damage via hostile statutory interpreta- still tion). I think this is the right approach. I con- think that promulgating a written don’t stitution with or without a social and eco- nomic rights component is the right way forward. Why rely on judges and courts when the way to effect change is through precise and strongly argued for legislation? Having said that there may be room for a social and eco- nomic bill of rights on the model of the Human Rights Act – the key would be that it should not be able to “strike down” other leg- islation, that it should be subject to exactly the same restriction that currently applies to the Human Rights Act. detention of terrorist suspects without suspects detention of terrorist human trial incompatible with the UK’s rights obligations. Do any of these cases make you question whether the balance that the Human Rights Act struck between Parliament and the ju- diciary is the right one? On the contrary, these cases persuade me that these cases persuade On the contrary, the balance struck by the Human Rights Act is exactly right. The torture case raises no issue of parliamentary sovereignty: Parliament had not authorised the use of torture, so the case does not trump parliament. The Belmarsh de- tention case is powerful precisely because the ultimate responsibility was – rightly in my view – left with the legislative and executive branches. I think the judges drew a kind of tained by torture and declare that the tained by torture and declare Lords reject the use of evidence ob- reject Lords two years we have seen the House of down” legislation. However, in the last down” legislation. However, their American colleagues to “strike the law. the law. by giving judges the same powers as a momentum for the perpetual expansion of that usurped Parliamentary authority law x”. So the two combine together to create Human Rights framework in the UK have stopped that atrocity if only we had had argued of a against the creation You rity agencies like to be able to say “we would sounds weak even though it isn’t. And secu- sounds weak even though it isn’t. the old law to catch these bad guys” – that in a fresh way and not just say “we are using L the ticking-time bomb and so on, just as they argue hypothetical disaster as a reason for dra- conian terror laws. It is interesting how so much of the justification for brutality lies in hypothesis rather than fact. Dershowitz argued that the issue of “torture warrants” is preferable to al- lowing “low level” people to torture or sending terrorist suspects to countries such as Syria or Jordan for question- ing. Such arguments seem to be based in the idea that if a certain procedures are followed (evidence given and a tor- ture warrant issued) then the outcome (an individual being tortured) is ac- ceptable. The law, from this position, appears to be entirely procedural with their being little room for substantive rights, such as the right to be free from torture, inhuman and degrading treat- ment. What do you think of this at- tempt to “proceeduralise” the law? Well it is a transparent attempt to circumvent the basic rules against cruelty. Human rights is not just about due process. It is about sub- stance and the torture prohibition is about as substantive as it gets. The motive behind all this torture talk is two-fold. It is firstly to get people to concentrate on this terrible conduct and therefore make it more credible than before; talking about this taboo helps nor- malise it, make it less scary and horrifying. This is a way of dealing with Abu Ghraib: it wasn’t that bad really, why we were only talk- ing about regularising torture the other day. Second, when you put torture at the centre of the stage, all the other things (inhuman and degrading treatment, internment, denial of due process) seem tame by comparison. It diverts moral energy away from these targets. Finally, political debates about terror- ism and national security have set up a dichotomy between human rights and civil liberties on the one hand and na- tional security and safety on the other. Why is national security used to un- dermine rights in this way and what can be done to reframe the debate so that rights and safety are not always seen in opposition? There have been two discourses in the demo- cratic era, the first based on hope has concen- trated on democracy and human rights. The second rooted in fear has focused on security and danger. The second once spoke through the language of real wars and the cold war. Now it speaks through the ‘war on terror’. To reframe the debate proponents of human rights need first to recast national security as human security and then to show that human rights is about the rights of everybody and not just this or that minority clique. But the lan- guage of fear is difficult to beat as horror is always a better, or more compelling story than Picture: / reportdigital.co.uk Jess Hurd happiness. I suing of a “torture warrant”. Are there People don’t say, “Ah, the police are shooting any circumstances where the use of more and more people” so let’s regularise it G Professor Gearty’s current book, Human torture is justified? with homicide warrants: why should this be Rights Adjudication, is available from all good No, definitely not. It is a measure of how de- said about torture? bookshops. cayed the culture has become that it can seri- Any official involved in torture should be G For more information about the Centre for the ously be argued that we either need to torture prosecuted. If I were on a jury I would vote to Study of Human Rights visit www.lse.ac.uk/ people or that because there is so much of it al- convict regardless of the circumstances. Hope- Depts/human-rights. Thanks to Matrix ready happening it is time to regularise the be- fully my fellow jurors would as well. Natu- Chambers, www.matrixlaw.co.uk for the use of haviour under cover of a judicial warrant. rally people argue a hypothetical case against, the photograph of Conor Gearty.

14 I Socialist Lawyer G March 2006 75th Anniversary lecture series organised by the Haldane Society of Socialist Lawyers in association with Tooks Chambers G Thursday 30th March 2006: Freedom of Expression – What Freedoms Remain? Speakers: Shami Chakrabati Director, Liberty Emma Sangster Parliament Square Peace Campaign G Thursday 13th April 2006: The Future for Refugee and Human Rights Law Speaker: Rick Scannell Barrister, Garden Court Chambers G Thursday 27th April 2006: Inquiries and Public Confidence Post the 2005 Act Speakers: Louise Christian Solicitor for Victims of the Southall and Paddington Rail Crashes Michael Finucane Solicitor and Campaigner for Civil Liberties and Human Rights throughout Ireland Suresh Grover The Monitoring Group, Campaigner against Racial Injustice All lectures: 6.30pm–8pm at the Law Society, 113 Chancery Lane, London WC2 1.5 hrs CPD points £20 Non Haldane members £10 Haldane members (concessions free)

Socialist Lawyer G March 2006 I 15 16 I Socialist Lawyer G March 2006 FESTERING WOUND Seventeen years ago defence lawyer Pat Finucane (left) was murdered in Belfast – the UDA men who killed him had colluded with members of the security forces. Now, Pat’s son Michael Finucane asks why the British government has still not held the public inquiry it promised?

s the impasse in the Irish peace inquiry in the case, the Government would ternational, whose recent report was scathing process continues and attention have to implement that recommendation. The in its criticism of the Government’s proposed moves to America for St. appointed judge, former Justice of the Cana- inquiry. Senior judicial figures have also ex- Patrick’s Day celebrations, ef- dian Supreme Court, Peter Cory, concluded pressed concern. Lord Saville of Newdigate, forts will intensify to try to lay that an inquiry was warranted following a de- Chairman of the Bloody Sunday Inquiry, has the ground for a restitution of tailed examination of documentary material criticised the Act for interfering with inquiries Adevolved government. However, the spectre of both public and private. He concluded, to an unacceptable extent, as did the former unresolved business at home looms large and “[s]ome of the acts summarised … are, in and Chief Justice, Lord Woolf. Justice Peter Cory, nowhere is this more acute than in the case of of themselves, capable of constituting acts of the man who wrote the report recommending Pat Finucane, the solicitor murdered in Belfast collusion. Further, the documents and state- the inquiry in the first place, was himself suf- in 1989. The Finucane murder presents a par- ments I have referred to in this review have a ficiently incensed that he communicated his ticular problem for the British Government be- cumulative effect. Considered together, they views on the new act in a letter to a US Con- cause the killing is one in which collusion clearly indicate to me that there is strong evi- gressional Committee in March 2005. He between the British Army and RUC and Loy- dence that collusive acts were committed by the stated: “[I]t seems to me that the proposed alist paramilitaries has been shown beyond Army (Force Research Unit), the RUC Special new Act would make a meaningful inquiry im- doubt. The unresolved aspects of the matter Branch and the Security Service. I am satisfied possible. The commissions would be working now focus on how far the collusion went up that there is a need for a public inquiry.” in an impossible situation. For example, the the chain of command, who knew about it and In response, the Government delayed for a Minister, the actions of whose ministry was to who was authorising it. The public inquiry considerable period before announcing that an be reviewed by the public inquiry would have that the British Government were forced to inquiry would be established but added that the authority to thwart the efforts of the in- promise in the case is, therefore, a potentially the law would have to be changed to take ac- quiry at every step. It really creates an intoler- damning exercise that could leave many polit- count of the subject material. This was the In- able Alice in Wonderland situation. There ical casualties in its wake as misdeeds that quiries Act 2005, which contains a provision have been references in the press to an inter- Government, army and security services giving ministers the power to decide what an national judicial membership in the Inquiry. If would prefer to leave beneath the historical inquiry can consider in public and what it the new Act were to become law, I would rocks they were buried under, are revealed. cannot. Previously, this decision had been the advise all Canadian judges to decline an ap- However, intense efforts recently by the family sole preserve of the tribunal chairperson or pointment in light of the impossible situation of Pat Finucane, the Irish Government and po- panel, subject to review in the courts. A gov- they would be facing. In fact, I cannot con- litical parties, as well as high level criticism ernment minister can now impose restrictions template any self respecting Canadian judge from senior judiciary have ensured that the controlling the business of the inquiry in a accepting an appointment to an inquiry con- Government is in for no easy ride if suppres- manner not susceptible to public scrutiny. The stituted under the new proposed act.” Lord sion continues to be its tack. Finucane family have been forced to declare Saville said that the provisions of the act made The obligation to hold a public inquiry that they will not participate in or cooperate “…a serious inroad into the independence of stems from an agreement made by the British with such an inquiry because the degree of any inquiry. It is likely to damage or destroy and Irish Governments at Weston Park in 2001 Government control that infects all inquiries public confidence in the inquiry and its find- during an earlier phase of negotiations between rob it of the very thing that makes it valuable: ings, especially in any case where the conduct themselves and the Northern Ireland political independence. of the authorities may be in question.”

parties. The Weston Park agreement stipulated The family are supported in this by, among L that if an independent judge recommended an others, the Irish Government and Amnesty In- continued on page 33

Socialist Lawyer G March 2006 I 17 Picture: Jess Hurd / reportdigital.co.uk 18 W to haveanunderstanding ofthecontextand equalities thatwomenexperienced. We have men actuallyonlyservedtoentrench thein- many ofourclients,beingtreated thesameas ment didnotworkforwomen, because,for we havelearntisthatarguingfor equaltreat- treated. Thiswasamistake.The greatlesson no differentlytothewaythat menwere law, wearguedthatwomenshouldbetreated and concentratingonissuesaroundfamily Taking theleadfromwomenlikeBrendaHale was about“gettingequalitywithmen”. older thanmehadimaginedthattherealissue the generationoffeministsthatwasalittle equality incheck.Itwasinterestingbecause with women’s equalityandheldthesearch for institutions andthewaysinwhichtheydealt brant. Thespotlighthadmovedtolookingat CHANGED’ HAS ENOUGH ‘NOT I Socialist Lawyer ment wasyoungandvi- 1970s thewomen’s move- Haldane Society. Inthe issues tookaholdinthe the wayinwhichwomen’s e needtoberemindedabout G March 2006 from theUS, USSR,Japan,France,Ger- was organisedwhichbroughttogether women how theseissuescametogether. Aconference with anumberofwomenreally lookingat was aconjunctionofsocialism andfeminism were also,onthewhole,socialists. Sothere who werearguingforthesetypes ofthings course, noorganisationforwomen. Women come intoHaldane.Atthattimetherewas,of interested infeminismthereforetendedto by themainstreampoliticalparties.Women because feminismwasnotbeingengagedwith brant placepoliticallyforprogressivelawyers Lawyers atthatstageandwasamuchmorevi- was muchbetteratallofthisthantheLabour stream politicalthoughtanddebate.Haldane taken seriouslyandtobecomepartofmain- Tess Gillwhowantedwomen’s issuestobe sation atthetimewerewomenlikemyselfand history oftheHaldaneSociety. Intheorgani- women fairly. derstand women’s positionandbegintotreat the worldinwhichpeopleliveordertoun- In 1978therewasagreatmomentinthe Lawyers. There werelotsofintensedebates of Women andlatertheAssociation ofWomen this grewotherorganisations such asRights where dynamicdiscoursetook place.Outof and humanrightssomehowfollow later. the economyandtradehope thatjustice about thedevelopingworldbut dealonlywith situation wasratherliketodaywhenweworry such astheeconomy, hadbeenaddressed.The would bedealtwithwhenmoreseriousthings, What theymeantwasthatwomen’s issues skyite organisations,as“secondorderissues”. left, fromCommunistorganisationstoTrot- nism. Women’s issueswere stillseenonthe lems therewereontheleftdealingwithfemi- the world. of democraticlawyers’organisationsacross IADL whichmeantthatwehadaccesstolots The HaldaneSocietywasaffiliatedtothe national AssociationofDemocraticLawyers. and wasorganisedundertheflagofInter- many, andItaly. Itwasanincrediblegathering For lawyers,theHaldaneSociety was The conferenceflaggeduphowmanyprob- L 19 I New Eve Was March 2006 March G Lawyer entitled: “Where have all the Fem- last year was to see whether there was Socialist What has happened since? What I sought to do in revisiting and the witness box? It would be apparent to anyone who represented women in the crimi- nal justice system that there were a number of double standards at work, about sex, about parenting and the ways in which women are measured, as distinct from the ways in which men are. There was a sense that, even when it came to sentencing, there was no account taken of the fact that women were often pri- mary carers and therefore that women often felt and experienced punishment differently to men. Statesman we know that there are a inists Gone?” Well, number in this room, both male and female. was exploring But the idea that Zoë Williams Framed that there in much doubt still a gap. I wasn’t was a gap but I wanted to examine the claim that was made that most of battles had been fought. The Chair of this meeting, Liz Davies, and I were smiling over an article in the QC Helena Kennedy Writing about these issues in 1991 was Writing Albie Sachs. He was a great freedom fighter and drafter of the South African Constitution. He was very much at the forefront of issues on feminism and the law and I learnt a lot from him. I have also done a lot with Southall Black Sisters on issues of domestic violence and racism and I learned a considerable amount working with them both intellectually and in practical terms. almost like committing an assault on the legal to get them to accept there profession. Trying was a serious problem was very difficult. Whilst there were a lot of women who knew all these things the problems we are discussing were still not acknowledged in the mainstream profession. When I wrote about the treatment want of women lawyers by the system I didn’t the book to be about the effects of discrimina- tion on women who were lawyers, given that we are some of the most privileged people it was showing that if Rather, within society. this was happening to lawyers, what was hap- pening to women in court, either in the dock . The speaking on the subject ‘The Development speaking on the subject of the Rights of Women’. and Future her talk we print extracts from Here The Haldane Society’s 75th Anniversary The Haldane Society’s Series startedLecture on 26th January 2006 with Baroness Eve Was Framed Eve Was In 1991 I wrote controversy. controversy. on trial as much as the defendant caused much of crime women were doubly exposed and put were raw indeed. Arguing that as the victims justice system. In those early days the battles the way women were treated by the criminal some of the arguments that we made about many defenders of rights to even acknowledge were treated by the courts. It was hard for about issues like rape and the way that women issues in the 1970s and into the 1980s was people I worked most closely with on these configured around a male personage. One of ject remained male-defined. The law was titudes but that at the heart of the law the sub- the men on the bench, not just about their at- ceptably skewed. A lot of the time it was about treated differently or where the law was unac- inist, I was alert to the ways that women were just that as a woman on the left and as a fem- of women, that was not my practice. It was the Bar. At the time I wasn’t representing a lot At the time I wasn’t the Bar. book came from almost 20 years of practice at L is that there are still ghastly issues around but, things that had happened to them. However, in a funny “third way”, people in the middle what we have seen in recent years, is the vic- ground are dealing with issues like abortion in ‘I was shocked about tims’ movement hijacked, corralled and used a different way. So now people say “of course the ways in which our to justify some of the most serious erosions of we should allow abortion but shouldn’t we be civil liberties that we have seen. preventing people from having abortions so arguments have been When legislation is going through the late, and make it all happen in the first 12 House of Lords, for example, the proposal to weeks?” The reality of the situation is very dif- seized on to justify the remove the right to jury trial, the argument is ferent from this ideal and in many local au- raised that it should be removed because thorities abortion is not readily available in government’s own “then victims won’t have to wait so long”. those early stages. Whatever the issue, the debate can always be What Zoë Williams was pointing out is regressive policies’ brought back to victims and their rights. Vic- that these arguments are no longer “read in tims are now a flag that can be waved to jus- tooth and claw”. That is true. The major po- insufficient account was taken about the ways tify anything. The other day I put in an litical parties have accepted that women’s as- women were persecuted, as there wasn’t an ac- amendment in relation to work that has been pirations have changed and that it is necessary knowledgement that rape and domestic vio- done by Liberty and Justice on use of s.44 of to deal with women very differently. The lan- lence were forms of persecution if the state terrorism legislation. Section 44 enables the guage has changed. We can play the numbers failed to protect the victims. We started to look use of stop and search against anybody with- game on this easily, we can look at the for ways in which the system could be made to out any suspicion and has been used to pre- number of women who are judges, who are work better. In my early days, when I did do- vent people attending demonstrations. We practising, who are law students and we can mestic violence cases in the county courts we saw recently those arrests of demonstrators at all celebrate the increased numbers. But the used to try to get injunctions, but injunctions an arms fair. I was trying to get an amended fact that there are only one or two women in had to be attached to a civil action. When we section in the new terrorism legislation to the House of Lords is a cause for us to gape. could go to court for a non-molestation order affect s44 to require much stricter rules and When I was a pupil we use to talk about this, we argued that the system was too compli- time limits on the circumstances in which this men in Chambers would say “We don’t dis- cated and women had to wait too long to get power could be exercised. Thus if the Prime criminate against women, we’ve got one!” I protection. We were always looking for possi- Minister was entertaining George Bush you feel that this is what the House of Lords is like bilities to make this work better – we looked could decide that Whitehall should be moni- now, and until we get more women in the to other systems, like the US, Canada and New tored in a different way to usual and no one House of Lords we should be banging on the Zealand. One of the things that we came up would complain if, for a short period of time, table. You hear comments being made that with was that people could be arrested and re- everyone was searched. The idea that there there are not enough women of the “right in- strained in their movements by the lower has been a “rolling permit” to stop and search tellectual calibre” and you wonder how they courts without complicated procedures and people throughout Greater London over the are being judged. that if women were too fearful to go to court last two and a half years, and that this has Over the last year I have been involved themselves then accounts given by neighbours been exercised in a discriminatory way is out- as a kind of amicus in decisions being made or the police could achieve a restraining order. rageous. So there was quite an interesting dis- who should be QCs or judges. I, like other However, by looking at ways in which cussion taking place in the House about how “outsiders” involved in the moni- women could get protection from domestic this power could be contained and how you toring process, were shocked violence through the law we invented the could have a democratic control over it and about comments made that cer- ASBO. Let’s be clear how the time limits might work and then tain people were not thought to about it: we invented some buffoon, on my own benches, said “I’m “have the cut of QC about them”. the ASBO. We were not interested in stop and search, I’m inter- Somehow, there was an ex- using non-molestation ested in victims!” You only have to shout pectation about orders to deal with the prob- “victims” and the measure is passed. I have what a female QC lems caused by the intimate written a chapter on this in Just Law about should look like. There crime of domestic violence and victimhood and the idea that if a person does was a whole sense that some everything that was special not consider themselves a victim now they people did not have the right appear- about that situation. How- think they will be tomorrow. On this basis ance or presentation or measure up to ever, that idea was taken you can persuade people of anything and some male idea of appropriateness. and generalised, the gov- everything. What I found in reviewing this ernment’s response was: I think that those of us who are interested whole area was that whilst there have “if we’re doing it in re- in the rights of women and the rights of mi- been changes and developments, not lation to domestic violence, why can’t we then norities and who are looking for ways to enough has changed. That was the spread it out to these other problem areas”. change the law need to have our “wing mir- point in revisiting Eve Was Framed, The ASBO has itself “fathered” the terrorist rors” up to make sure that we consider the to say that in the period in between the books control orders under the prevention of terror- possible ways in which we may set up hostages not enough has changed. In the analysis I have ism legislation. The containment of new legal to fortune. I have often argued that we have to put in the new version I have shown that some ideas or solutions to one specific area of law is be careful about removing rights from the ac- Government’s authoritarian ways of ap- hard. cused in rape trials because in doing so we are proaching issues in the law has a double hit The other thing which has taken place is setting up a tendency that will spread to other for women. that the women’s movement invented the vic- areas. I always remember an article in The I was also shocked about the ways in which tims’ movement by putting the spotlight on the Guardian which suggested a defence of “pre- we as women have had our arguments hi- way that women were dealt with by the courts. emptive strike” for battered women who kill jacked and seized on by governments who We, in the women’s movement, saw the hor- their abusive partners. That sounds too much have used them to justify their own regressive rific ways in which women were cross-exam- like George Bush or Tony Blair. As far as I am policies. We have seen that in particular areas, ined and the most disgraceful comments that concerned this is what is being done with ter- in relation to ASBOs, previous convictions, were put to them. We also saw that the way rorist legislation now. We might not have any stalking laws, and powers of arrest in cases of that children were treated by the courts and evidence but if we have a sniff of suspicion that domestic assault. that this was unacceptable. What we wanted someone is involved in terrorism “surely we We identified key areas where we felt was for victims to have a just and fair hearing. should be entitled to arrest them as pre-emp- women were particularly “hard done by” in This lead to the creation of Victim Support tive action”. I think anything like pre-emption the legal system. Violence against women was and it was great that we were going to get is a worrying step to take without real evi- one of the key areas, that then fed in turn into proper and decent treatment for people who dence of the need for self-defence. issues of immigration and the ways in which had to go to court and describe the horrible What a review of women’s position shows

20 I Socialist Lawyer G March 2006 Are you a woman barrister or solicitor experienced in family law and able to volunteer two hours of your time each month to helping other women on our busy national legal advice line?

Contact Emma at Rights of Women on 020 7251 6575/6 or [email protected]

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is that there is still a strong undertow of misog- complaints against him seriously because of case of Zura Shah. I have included it in Eve yny in the courts. A lot of it is to do with ex- their nature. Huntley had complaints made Was Framed, it was a terrible case of abuse pectations of what is “good” womanhood. I against him concerning under-age sex with where she killed her abuser and remains in have now reached a stage in my life when lots girls. The police seemed to think that as long prison. Her appeal against conviction failed of colleagues from my generation, feminist as they were consenting it was fine. There was because of judgements made about her as a women, sit as judges and what they tell me is no question of an adult’s responsibility to girls woman. There are a series of special problems that as soon as there is a suggestion that a who were 14 or 15 years old. There was a par- that women in minority communities have woman has consumed alcohol or if she is con- ticular case that raised my hackles where a that are beginning to be being addressed, but sidered to have had a number of relationships woman had made an allegation of rape against still not well enough. with men she has “had it” in terms of her cred- the man after they danced together in a dance So you cannot disentangle the authoritari- ibility. Nearly a quarter of violent crime is do- hall. When she left the club to walk home he anism that I can see in the way that the present mestic – this is the figure that the Home Office followed her and dragged her into an alley and last governments have dealt with issues of accepts. One woman is killed every week in a way, molested and raped her. She went to the law from the problems that women face. The domestic situation. police immediately. The Police got hold of rhetoric of punishment has, for example, I recently chaired an inquiry for the Royal CCTV footage showing her dancing with him vastly increased the number of women in College of Pathologists and the Royal Col- and decided that she must have flirted with prison. I am part of a visiting group that goes lege of Paediatrics and Child Health into him and that that somehow justified his ac- into Holloway and, whilst things have recently sudden infant death, in the aftermath of mis- tions. improved, the majority of women prisoners in carriages of justice where mothers were I am afraid that although a lot of this stuff Holloway have serious mental, alcohol and wrongly convicted of murdering their babies. has moved on there are still problems. Take drug problems and shouldn’t be in prison at You will all remember the cases of Sally sex trafficking, and the fact that the Poppy all. In the desire to appease the tabloids we Clark, Angela Cannings, Donna Anthony Project has found that 81% of women work- have allowed more and more to be sent to and Trupti Patel. It was interesting getting the ing in the sex industry are from overseas. Not prison and judges are fearful of ‘red top’ re- transcripts of the cross-examination of these all of these women are on the streets; they are sponses. I women and seeing how they were cross-ex- often operating from massage parlours and amined. It was suggested to all the women saunas. We still don’t have it right with the G Pragna Patel from Southall Black Sisters that they somehow fell short of what “good” Home Office as there are no guarantees that was to speak at the meeting but unfortunately motherhood was. The first question put by the women won’t be deported back home if she was unable to attend though ill-health. the Crown to Sally Clark was that “You they contact the authorities. They are still fear- G For more information on Southall Black weren’t cut out to be a mother, were you?” ful of what might happen to their families if Sisters visit www.southallblacksisters.org.uk – because she as a solicitor with a career and they gave evidence against those who exploit for information about Rights of Women visit did not therefore having the makings of them. www.rightsofwomen.org.uk – for the Poppy proper mother. Pragna Patel (from Southall Black Sisters) Project visit www.poppyproject.org We have had a revisiting of the Ian Huntley was to have talked this evening about the G For more information about our 75th case in Soham and how he got work in a issues of forced marriages, punishment killings Anniversary lecture series see page 15. school. What was so interesting was that it and high level of suicides amongst Asian G Cate Briddick is Legal Officer for Rights was absolutely manifest that police didn’t take women. She was going to highlight the SBS of Women.

Socialist Lawyer G March 2006 I 21 SEPARATION WALL: EXPANSION OR SECURITY?

Israel approved the first stage of a ‘physical barrier’ to separate it from the West Bank in June 2002 “to protect its citizens against violence” and has since extended the size and length of the wall. But does the Israeli state’s reasons for the barrier’s route reflect reality? Hannah Rought-Brooks reports

22 I Socialist Lawyer G March 2006 Painting on the Separation Wall in Tulkarm

Socialist Lawyer G March 2006 I 23 n 9th July 2004 the Interna- tional Court of Justice gave its advisory opinion on the legality ‘The Court found that of the separation barrier being the wall impeded the built by Israel. Specifically the Court was asked to give an liberty of movement of Oopinion on the question: “What are the legal consequences arising from the construction of the inhabitants of the the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, Occupied Palestinian including in and around East Jerusalem, as de- scribed in the report of the Secretary General, Territory, with the considering the rules and principles of interna- exception of Israelis’ tional law, including the Fourth Geneva Con- vention of 1949, and relevant Security Council and General Assembly resolutions?” lows: “Residents of this area may no longer Reading the ruling, Court President Shi Jiuy- remain in it, nor may non-residents enter it, ong of China said the court was not convinced unless holding a permit or identity card issued the barrier’s construction was the only means to by the Israeli authorities. According to the achieve Israel’s aim of protecting its people from report of the Secretary General, most residents suicide attacks. The court ruled that: have received permits for a limited period. Is- • the construction and its associated regime raeli citizens, Israeli permanent residents and was contrary to international law; those eligible to immigrate to Israel in accor- • Israel was under obligation to cease con- dance with the Law of Return may remain in, struction and dismantle the wall; or move freely to, from and within the Closed • Israel should compensate owners of land Area without a permit. Access to and exit from seized to construct the barrier and those the Closed Area can only be made through harmed by the barrier; access gates, which are opened infrequently • all states are under obligation not to recog- and for short periods.” This would mean that nise the situation and ensure Israel’s compli- as a result of the construction of the wall, ance with international law; around 160,000 Palestinians would reside in • the UN should consider what further action almost completely encircled communities to take. On the third major issue, the court found One of the 15 members of the court, US that international human rights law applies in Judge Thomas Buergenthal, dissented from all its entirety in the occupied territory along with of the above findings. humanitarian law. The court ruled that the sep- The first major issue considered in the opin- aration barrier violates rights in the Interna- ion relates to the effects of the barrier on the tional Covenant on Civil and Political Right, right of the Palestinian people to self determi- he International Covenant on Economic, Social nation. The court pointed out that there was a and Cultural Rights and in the United Nations grave fear that the barrier’s route would create Convention on the Rights of the Child to “facts on the ground” that would lead to the de which Israel is a party. The Court found that facto annexation of the territory and determi- the wall impeded the liberty of movement of nation of the future borders between Israel and the inhabitants of the Occupied Palestinian Ter- Palestine. Mr Shi said. “That construction, ritory (with the exception of Israeli citizens) along with measures previously taken, thus se- and that they also impede the exercise by the verely impeded the exercise by the Palestinian persons concerned of the right to work, to people of its right to self-determination.” health, to education and to an adequate stan- The second issue concerned the legality of dard of living as enshrined in Articles 6,11, 12 the barrier in the context of international hu- and 13 of the International Covenant on Eco- manitarian law and in particular the application nomic Social and Cultural Rights. of the Fourth Geneva Convention. Israel has Israel had not co-operated with the pro- always argued that the Convention does not ceedings and when the decision was an- apply because the West Bank and Gaza were nounced Israel stated that it would not accept never part of a sovereign state. The Court re- the non-binding judgement, and that the bar- jected Israel’s argument and held that the state rier has already served its stated purpose by must exercise control over the territory in ac- preventing suicide bomb attacks. The Court cordance with the provisions of the Convention. stated that Israel had the right and duty to pro- The Court noted that Article 49, paragraph tect its citizens against violence, but its defen- 6, of the Fourth Geneva Convention provides: sive actions must comply with international “The Occupying Power shall not deport or law. The brief discussion on the possible secu- transfer parts of its own civilian population rity justifications for the route of the barrier into the territory it occupies.” and concluded may have resulted from Israel’s refusal to pre- that the settlements in the Occupied Palestin- sent its arguments to the court, and from its ian Territory (including East Jerusalem) have decision to simply submit a written statement been established in breach of international law. contending the court lacked jurisdiction. The Court further found that the separation Several countries, including the US and UK, barrier is intended to assist those settlements had argued the court should stay out of the and noted that “the route of the wall as fixed issue, warning that any opinion it gave could by the Israeli Government includes within the interfere with the Middle East peace process. “Closed Area” some 80 per cent of the settlers The government of Israel approved the first living in the Occupied Palestinian Territory.” stage of a physical barrier to separate the West The court described the “Closed Areas” es- Bank and Israel in June 2002. Since then and tablished by the Israeli Defence Forces as fol- notwithstanding the decision of the Interna-

24 I Socialist Lawyer G March 2006 tional Court of Justice, the Israeli government ity between them and Israel. In most cases, the and the Political-Security Cabinet have ap- barrier’s route in the relevant sections was set proved additional stages of the barrier, as well hundreds, and even thousands, of meters from as changes in the route in previously approved the built-up area of each settlement. As the sections. In February 2005 the government ap- report states “The separation barrier more or proved the length of the barrier as 670 kilo- less runs along the borders of the outline plans meters. Approximately 31 percent of the total of each of the settlements that are examined route has been completed, 16.5 percent is in this report, so the connection between the under construction, 43 percent has been ap- two cannot be denied. In contrast to the pic- proved but construction has not begun, and 9.5 ture presented by the state, these plans are very percent has not yet received final approval. frequently given significant consideration in What has happened since the barrier was planning the route. It should be mentioned declared illegal in July 2004? Was the court that, although the area covered by the plans right in determining that the barrier was in- lies within the jurisdiction of the “parent set- tended to assist the settlements rather than as tlement,” in some instances, the plan relates the Israeli government stated to protect its cit- to a new settlement, and not to the expansion izens against violence? of the existing settlement.”

Settlement Expansion v Security Bil’in: illegal West Bank building An impressive recent report by B’Tselem enti- project tled “Under the Guise of Security: Routing the There was a great deal of support and ap- Separation Barrier to Enable Israeli Settlement plause from the international community for Expansion in the West Bank” gives some an- Sharon’s withdrawal from Gaza but it is clear swers to the question of whether the state’s rea- that Israel’s settlement building programme in sons for the barrier’s route reflects reality. the West Bank has not been halted or slowed The report analyses the official Israeli justi- by the pronouncements of illegality by the ICJ. fication of security considerations for the rout- Sharon’s adviser Dov Weiglass had in fact ing of the barrier inside the West Bank by made it clear months before the disengagement examining the official responses given publicly that Sharon’s aim in sacrificing the few thou- by the Israeli government and by the State At- sand settlers in Gaza was to secure the position torney’s Office in response to petitions filed in of the 190,000 settlers living in the West Bank. the High Court of Justice. They found that the The construction of a new neighbourhood State Attorney’s Office in having to give a re- Matiyahu East in Modi’in Illit which is being sponse to the many petitions filed in the High built on land belonging to the Palestinian vil- Court of Justice, while emphasising the secu- lage of Bil’in is one illustration of this. The rity motivation, was unable to deny that one construction has been documented in the Is- Israeli tanks drive through of the security related elements in building the raeli newspaper Haaretz as well as being one the streets of the West barrier on the other side of the Green Line was of the case studies in the B’tselem report. Bank town of Nablus. to protect the residents of the settlements. In Akivar Eldar pieced together the manner in Below: School children one petition brought by the people of Beit which land was purchased by land dealers and their teachers crossing Sourik who opposed the route of the barrier through “dubious powers of attorney, then re- Route 317 on foot. which would separate them from their farm- zoned as state land and leased or sold to set- land the state justified the route by the need to tlers’ building companies.” protect an area where a new settlement, Agan Bimkom, an Israeli planning rights organi- Ha’ayalot was under construction. It was sation together with B’tselem obtained the stated: “The military commander is empow- map of “The Master Plan of the Modi’in Illit ered to consider, in determining the fence’s Area for the Year 2020” which shows the pri- route... the existence of valid outline plans for vate land of Bil’in village included within the the expansion of an Israeli community.” development plans for the year 2020. The map B’Tselem also highlight many of the incon- confirms that settlement expansion and con- sistencies between that arise from Israel’s fail- solidation and not security issues guided the ure to acknowledge that settlement expansion separation barrier planners when they charted considerations play a part in the routing of the the route in the Bil’in area. The report shows wall. One of these is the inclusion of more that around 600 dunams of land owned by a Palestinian farm land in the seam land which few Bil’in families is slated for the construc- results in “... more Palestinians who will be en- tion of 3000 new housing units for around titled to enter this area with no physical ob- 20,000 settlers. The project has already been struction blocking access to Israeli territory. underway for over 2 years and it has been re- Taking into account the settlement-expansion ported that more than 500 apartments have plans in determining the barrier’s route thus in- already been marketed. creases the number of Palestinians holding per- The separation barrier cuts Bil’in villagers off mits to enter the “seam zone” who can, if they from their land and thereby facilitates the set- wish, enter Israeli territory unimpeded.” This tlers’ access to it. But in addition to effectively then clearly contradicts the security objective annexing the land on which the unapproved of the barrier, as defined by the government, construction at Matiyahu East is taking place which is to limit Palestinians without permits the route of the barrier extends even further to from entering Israel. include additional Palestinian privately owned The report concludes that the expansion and cultivated land on which the Mod’in Illit plans for the settlements are a significant con- Master Plan eventually forsees expanding the sideration in setting the barrier’s route. The re- settlement. A road linking the settlements has vised route of the barrier surrounds fifty-five already been cleared which required more than settlements (including twelve in East 100 olive trees to be uprooted.

Jerusalem), separating them from the rest of Israeli human rights groups and activists L the West Bank and creating territorial contigu- have been working alongside the Palestinians

Socialist Lawyer G March 2006 I 25 L in Bil’in to protest against the building of the settlement for almost a year holding weekly demonstrations in the village. Together they ‘Our own Government have built their own outpost on the Bil’in land and those in Europe with a permit issued by the village, only a few hundred metres away from the new Israeli set- continue to turn a blind tlement housing units. In order to get there the protesters and villagers have to pass through a eye to Israel’s disregard hole cut in the fence. This small building or “outpost” was built for international law’ with the express purpose of demonstrating the double standards Israel employs with respect to giving permission for building in Area C (ie, the basis the IDF permitted Palestinians to cross Palestinian “outpost” on Palestinian land being Route 317. The IDF set up temporary check- demolished and the outposts erected by Jewish points at the intersection which would some- settlers being allowed to remain in place.) It is times allow Palestinians to cross and also worth noting that despite the fact that 90% sometimes turn them back. I recall not being of the West Bank population is Palestinian they able to cross the road at all in a vehicle. The are barred from construction on at least 60% of service buses would have to stop some way the land due to Israeli zoning and planning poli- back from the main road where a mound of cies and therefore have very little area on which earth had been dug up to prevent vehicles trav- they may legally build. Even on the rest of the elling further down the road, and then you land which is privately owned and not disputed would have to walk the remainder of the jour- by Israel, they are rarely granted construction ney crossing Route 317 on foot. permits from Israel. On 22nd January 2006, the Hebron DCO Lawyer Michael Sfard who is acting for the (District Coordinating Office) of the IDF pre- villagers of Bil’in highlights this contradiction sented to the people of at-Tuwani the IDF plan in the petition that he presented to the Israeli to build the wall on the north side of Route High Court to try and bring a halt to the 317 between the Israeli settlements Carmel work. On 12th January the High Court and Tene, a distance of approximately 14 kilo- granted a temporary injunction freezing con- meters. They were told that the wall would be struction work being carried out at the site and about 80 centimeters high and 30 centimeters also made an order to forbid anyone from in- thick and made of concrete. Four gates are habiting the apartments or giving over delivery proposed in the area near At-Tuwani with one to buyers. However it appears from current of the gates on the At-Tuwani road and each reports from activists that the construction gate would be approximately four or five work is continuing. meters wide. This was a surprise as originally the map that the IDF had shown to the people The South Hebron Hills in at-Tuwani had shown no gates at all. In the Spring 2005 issue of Socialist Lawyer, I The building of the wall would result in the wrote about the impact that the illegal Settler confiscation of roughly 80,000 dunams of Communities in Ma’on had on the lives of Palestinian land and the creation of territorial Palestinians living in the South Hebron Hills in continuity between the settlements mentioned the West Bank. I stayed for a time in the village above and Israel proper. The fear of the ICJ of at-Tuwani and experienced first hand the was that the creation of facts on the ground intimidation and harassment of the Settlers would lead to the annexation of the territory from Ma’on and from the nearby outpost. and determination of the future borders be- Now this area too will be affected by the tween Israel and Palestine. This is exactly what building of a wall separating Palestinian vil- is being done in the At-Tuwani area. lagers from their land and from their neigh- These are not of course simply legal niceties bouring communities. for the people living in the areas. The report by A 25kilometre barrier is to be built ostensi- CPT and Operation Dove focuses on the bly to protect a settler road. It would run par- impact on the day to day life of Palestinians allel to the southern most border of the West living in the area. The creation, by a barrier, of Bank and would cut deep into Palestinian ter- separate and potentially isolated Palestinian ritory at some points up to 2.5 kilometres past region in the southern West Bank would be the Green Line. When constructed it will en- disastrous, socially and economically for the close the five settlements including Ma’on and people of at-Tuwani and the surrounding area. Carmeal as well as four smaller outposts. The The Christian Peacemaker Team who have a road that the barrier is said to protect is Route permanent present in At-Tuwani together with 317 and is the main east-west Israeli bypass an Italian Peace Group, Operation Dove have road in the Southern West Bank and is in any prepared a report on the impact of these re- event restricted for Palestinians. This means strictions on the people living in the area: that the Palestinians living in at-Tuwani, many “The restriction of movement across Route of whom have family and businesses in the 317 affects every aspect of life for the people of nearby town of Yatta are not permitted on this At-Tuwani and the rest of Masafer Yatta. road. They instead rely on the partially paved Masafer Yatta has one primary school and one road which leads into At-Tuwani from Karmil clinic, both in At-Tuwani. Both the teachers and is the major route to Yatta (the At-Tuwani for the school and the medical staff who serve Road). Route 317 intersects the At-Tuwani in the clinic live outside Masafer Yatta and road between At-Tuwani and Karmil. must cross Route 317 to enter At-Tuwani... Back in 2004 there were problems for the Masafer Yatta lacks water every summer and Palestinians when they wanted to cross Route fall, and the present winter is dangerously dry. 317. It was not possible to ascertain on what The people in Masafer Yatta must bring in

26 I Socialist Lawyer G March 2006 tanks of water to survive during the dry peri- 2005, the Israeli Government approved the re- ods, and the vehicles pulling the tanks in from vised route of the separation barrier in Yatta can only access the area by crossing Route Jerusalem. This route seals off most of East 317. At-Tuwani has a diesel generator to pro- Jerusalem, with its 230,000 Palestinian resi- vide a few hours of electricity each day, and the dents, from the West Bank (ie, it divides Pales- people can only bring in the diesel and parts to tinians from Palestinians, rather than service the generator from Yatta by crossing Palestinians from Israelis). The Israeli cabinet Route 317.” on 10th July 2005 made a decision to route the The building of the wall in the area is likely to Jerusalem barrier so as to keep around 55,000 worsen the problems arising from the restricted East Jerusalemite Palestinians, mainly in the access to Route 317. The closures would be more Shu’afat refugee camp, outside the barrier, cut- permanent and access through gates will be more ting them off from their employment, schools rigorously restricted making it more difficult for and families. Palestinians to access their land or to travel to The authors (British officials at the Con- market, to schools, work and hospitals. Prece- sulate in East Jerusalem) are deeply concerned dents from other areas similarly affected such as about the impact on Palestinians of cutting the Jayyous in the north show that Palestinians ex- link between East Jerusalem and the West Bank. perience frequent and almost daily problems in They state that “East Jerusalem has tradition- accessing land through gates which can only be ally been the centre of political, commercial, re- opened by IDF soldiers. CPT and Operation ligious and cultural activities for the West Bank, Dove conclude that, “The proposed security wall, with Palestinians operating as one cohesive if built, should be expected to cause a humani- social and economic unit. Separation from the tarian crisis in Masafer Yatta in a matter of rest of the West Bank is affecting the economy months.” and weakening the social fabric.” The report’s authors remind us of the ICJ East Jerusalem ruling on the barrier which states that “all States In November last year EU diplomats presented are under an obligation not to recognise the il- Above: Israeli soldiers by the a secret report criticising Israel’s policies in East legal situation resulting from the construction of Wall in Qalqiliya. Jerusalem to an EU Council of Ministers meet- the wall in the Occupied Palestinian Territory, This picture: Children crossing ing. The report concluded that the separation including in and around East Jerusalem. They through the checkpoint at barrier was being built by Israel in the West are also under an obligation not to render aid or Huwarra into Nablus. Bank to expropriate Palestinian land and to assistance in maintaining the situation created Below: Men detained at keep the proportion of Palestinians in Jerusalem by such construction” and stated “We should Huwarra checkpoint. at no more than 30% of the total. ensure that any support we provide to East Bottom: Soldiers by the Separation Wall in Qalqiliya. The report states that, “This de facto annex- Jerusalem is not simply an attempt to reduce ation of Palestinian land will be irreversible with- the negative consequences of the construction out very large-scale forced evacuations of settlers of the separation barrier.” The report concludes and the rerouting of the barrier.” Further, that that Israel had largely ignored the Advisory “When the barrier is completed, Israel will con- Opinion of 9th July 2004 of the International trol all access to East Jerusalem, cutting off its Court of Justice regarding the barrier. They rec- Palestinian satellite cities of Bethlehem and Ra- ommend that the European Union and the mallah, and the West Bank beyond. This will Quartet should make clear statements that have serious... consequences for the Palestini- Jerusalem remains an issue for negotiation by ans.” They particularly note the deep alarm felt the two sides, and that Israel should desist from by Palestinians and their fear that Israel will “get all measures designed to pre-empt such negoti- away with it” under the cover of disengagement. ations and that this should be done alongside They note a number of factors which they support for Palestinian cultural, political and say demonstrate a clear Israeli intention to turn economic activities in East Jerusalem. the annexation of East Jerusalem into a concrete The report was secret and was never made fact: public although in defiance of a ban, it was pub- • the near-completion of the barrier around east lished on the websites of over thirty Jewish, Jerusalem, far from the Green Line; Palestinian, peace and anti-poverty groups from • the construction and expansion of illegal set- around Europe. tlements, by private entities and the Israeli gov- Our own Government and those in Europe ernment, in and around East Jerusalem; continue then to turn a blind eye to Israel’s dis- • the demolition of Palestinian homes built regard for international law and the decision of without permits (which are all but unobtain- the ICJ. It seems beyond doubt that the ICJ was able); correct in its conclusions that the wall was in- • stricter enforcement of rules separating Pales- tended to protect settlements and create facts on tinians resident in East Jerusalem from those the ground rather than provide security for Israel resident in the West Bank, including a reduc- itself. Disengagement from Gaza and selected tion of working permits; settlements is not enough when the Palestinians • and discriminatory taxation, expenditure and of East Jerusalem and the West Bank are slowly building permit policy by the Jerusalem mu- but surely losing their land, their livelihoods and nicipality. their dignity. The Jordan Valley has been unilat- In respect of the Wall in East Jerusalem the Is- erally annexed with not a murmur from the EU raeli High Court ruled that it was legal to take or the US. It is time for the UK government to into account political considerations, in addi- not just follow the recommendations of the ICJ tion to security considerations, for the routing of but those of its own officials. I the barrier in East Jerusalem because East Jerusalem had been Israeli territory since its an- Hannah Rought-Brooks is a barrister at Tooks nexation in 1967 (i.e. political considerations Chambers. She spent three months in Israel are not legal in the West Bank, which has not and Palestine as an Ecumenical Accompanier been annexed to Israel). On 20th February in 2004.

Socialist Lawyer G March 2006 I 27 Picture: Jess Hurd / reportdigital.co.uk 28 T Phil Shiner and strikingcivilians.Was thisanisolated case? 2004, showingBritishsoldierskicking,punching pictures Iraqin from avideoshotinsouthern Article 3ECHR (theprohibitionontorture). spread andsystematicabusethat contravenes monplace. Thereisclearevidence ofwide- in occupiedIraq? or withtherealityofwhatactually tookplace the Government’s legalargumentsinthiscase, others andbeatentodeathincustody. rested byBritishtroopsalongwitheight 26-year oldhotelreceptionistwhowasar- and 2004.Oneofthese,BahaMousa,wasa abuse thattookplaceinIraqbetween2003 ther 32stayedcases,ofkillings,tortureand ceeds totheHouseofLords. to theHumanRightsAct1998(HRA)–pro- of UKsoldiersinSouthEastIraqaresubject ernment haspersistedindenyingthattheacts cember 2005,(AlSkeini)–inwhichtheGov- for Defence,[2005]EWCACiv1609,21De- cation ofAlSkeini)v. TheSecretaryofState indeed”. Atthesametime,R(onAppli- mistreatment… willbeinvestigatedveryfully H LAW? THE BEYOND FORCES ARMED OUR ARE In February, the I Abuse andhumiliationofIraqis wascom- Does Tony Blair’s approach squarewith Al Skeinirelatestosixtestcases,andafur- Socialist he promisesthat“allegationsof “few rottenapples”thesis;second, ways. First,heemphasisesthe youths isrevealinginanumberof video ofUKsoldiersabusingIraqi he PrimeMinister’s responsetothe Lawyer G March 2006 thinks not… News of the World the of News duces thePM to promiseaninvestigation continued. cases fromDeepcutandother barrackshas used inNorthernIrelandand thebullying abuse seenintheinterrogation techniques rights standards.Accordingly, thecultureof hardly expectoursoldierstorespect human such obligationsexisted.So,then,onecan obligations becauseitwasbeingdeniedthat trained tocomplywiththeirhumanrights ernment. Presumablysoldierswerenot 2004, thatwastheofficialviewofGov- when theincidentsinvideotookplace apply. WhensoldiersweresentintoIraqand Covenant onCivilandPoliticalRightsdonot the Torture ConventionandtheInternational ment’s positioninAlSkeiniisthat the HRA, all detainees. system of,forexample,hoodingandstressing evidence intheCourtofAppealshowedupa tographs andnowthelatestvideo.The tention. TherearetheOsnabruckpho- At leasttwoothermenhavebeenkilledinde- nine menwereabusedinCampBreadbasket. death, andtheothersevenbadly. Another them, onetodeath,anotherthebrinkof incident bymenwhotookitinturnstobeat Nine menweretorturedintheBahaMousa It issurprisingthatpictorialevidence in- None ofthisissurprising.TheGovern- published when the MOD has failed to properly inves- of this occurred. tigate any of the 32 cases in Al Skeini, despite What is at stake in Al Skeini is of critical the clearest written evidence. importance. First, because these issues go way Can the military ever properly investigate beyond Iraq. If the HRA only applies within itself? The Attorney General’s correspondence UK territory, violations by state agents around with the MOD disclosed to the Court of the world can only be dealt with in Stras- Appeal in Al Skeini indicates not. The Divi- bourg. Second, because it is through human sional Court in Al Skeini was critical of the cur- rights law that international humanitarian rent system and the Court of Appeal lambasted law is enforced and its violators brought to it, holding that: the Human Rights Act is ca- account. Geneva Convention IV, for instance, pable of applying where a person falls under provides for minimal protection of civilians the “jurisdiction” of the UK, even outside the without obliging states to carry out indepen- territory of the Council of Europe, not only in dent inquiries to uncover the perpetrators of British-run prisons but even when under arrest abuses. The Government’s position has been by British forces. The Court of Appeal further that it is enough for the commanding officer condemned military investigations as lacking to conduct an inquiry. Third, because a no- the requisite independence to table casualty in the war on terror has been re- comply with Article 2 of the spect for human rights law. The redefinition ECHR (right to life). However, the of torture by the US and US behaviour at Government chose not to act Guantanamo Bay, Abu Ghraib, and elsewhere upon those criticisms and main- in Iraq is of a piece with our Belmarsh, our tains that the military system preventive detention system in Basra and our complies with its procedural role in extraordinary renditions. obligation to hold an indepen- Now is the time for human rights princi- dent and effective inquiry into ples to prevail. The government accuses breaches of Articles 2 or 3 (free- lawyers of trying to tie the hands of soldiers dom from torture and inhuman fighting wars. Not so. These incidents took or degrading treatment). place during the occupation. In any case, The recently released video human rights principles go hand in hand with evidence provides further strong and internationally respected armed clues as to what has gone forces. In 1993 the Canadian public were wrong. First, soldiers walked shocked by the torture to death of a teenager past the abuse without apparent concern. by Canadian forces acting as peacekeepers in Does this reflect a prevailing culture that ren- Somalia. The Canadian State’s reaction was dered these scenes commonplace? Second, swift and principled: it established a full-scale commanding officers failed to intervene even public inquiry and a Special Advisory Group though the scene is in daylight and inside bar- on Military Justice and Investigation Services. racks. Military chiefs cannot mask the en- More importantly, it established a new inde- demic deficiencies in command responsibility pendent Military Police Complaints Commis- by their insistence that the military system is sion to make military investigations effective and that any problems are caused by accountable to civilians, the public and Parlia- “ambulance chasing” lawyers. Third, the ment. In doing so, it made Canadian forces ac- video was only made public after a lengthy countable for violations of the Canadian delay even though it appears to have had cir- Charter of Rights and Freedoms wherever they culation in the army itself. serve. Such a response is in marked contrast Preparatory steps to ensure respect for to our Government’s grudging response to the human rights in occupied Iraq were not taken. Mousa, and other, incidents. Apparently this First, soldiers should have been trained to country went to war in Iraq to introduce know those standards, follow them and human rights there. It is about time our own expect disciplinary action if certain bound- Government accepted that human rights stan- aries (such as the absolute prohibition on tor- dards apply to our soldiers there. I ture) were crossed. Second, the chain of command, including Government, should G Phil Shiner heads Public Interest Lawyers have demanded adherence to these standards. (www.publicinterestlawyers.co.uk), specialising Third, and most importantly, those in leader- in environmental litigation, human rights and ship roles should have learnt lessons from administrative law. In addition to bringing the Northern Ireland and Deepcut and rooted out Al Skeini case to vindicate the human rights of unlawful interrogation techniques and the Iraqi civilians, he represents Gurkha soldiers bullying culture. The evidence now available, facing discrimination in the British army. This especially in Al Skeini, strongly suggests none article first appeared in The Times.

Socialist Lawyer G March 2006 I 29 DRIVING OUT FAMILIES THROUGH DESTITUTION? In December 2004, section 9 of the Asylum and Immigration Act came into force, giving the Home Secretary more powers to remove people who have failed in their bid to seek asylum here. John Nicholson is angry…

he Home Office has been attempt- Under section 55 of the 2002 Act, the Home vice to have had their benefits stopped by 17th ing to coerce failed asylum seekers Office withdrew asylum support from those August 2005 with incalculable consequences with children into leaving the they considered had not claimed asylum as for the welfare of their children. At least one United Kingdom by withdrawing soon as reasonably practicable. This scheme family, an Angolan mother and daughter in accommodation and support. In the suffered fatal setbacks when the High Court, Rochdale, have been evicted, having received past such people have continued to the Court of Appeal and finally the House of inadequate or no legal representation. Treceive asylum support, after their immigration Lords, in the case of Secretary of State v Lim- appeals for leave to remain under the Refugee buela [2005] UKHL 66, all set humane tests The Background to Section 9 : Not Convention and Article 3 of the Human Rights for where the power to provide accommoda- Every Child Matters Convention have failed, until they voluntarily tion and support needed to be exercised in The passage into law of the 2004 Act ignored left the UK or were forcibly removed. This is no order to avoid a breach of Article 3 of the the widespread opposition raised to what is longer the case. Human Rights Convention. now section 9 of the Act. Senior civil servants On 1st December 2004, section 9 of the Under the 2004 Act there is also provision reportedly stated that the drafting was “ill Asylum and Immigration (Treatment of under section 10 for accommodation and sup- thought out”. Recent commentary by Steve Claimants, etc) Act 2004 came into force. This port to be provided to failed asylum seekers on Cunningham and Jo Tomlinson suggested that provision amends schedule 3 of the National- the condition that they perform compulsory threatening children with destitution and pos- ity, Immigration and Asylum Act 2002 and en- labour in the form of community service. So sible removal from their families undermined ables the Home Secretary to certify that in his far the Home Office have been unsuccessful in the government’s stated ambition to ensure that opinion that a person seeking asylum, whose setting up any pilot schemes for this measure. “every child matters”, see ‘Starve Them Out: initial claim has been refused, has failed with- Does Every Child Really Matter’ Critical Social out reasonable excuse to take reasonable steps August 2005: Case Studies Policy vol 25(2) 253-275. to leave the United Kingdom voluntarily or to On 1st August 2005 Ngiedi Lusukumu’s family Bill Morris, former General Secretary of the place him or herself in a position where he or in Bolton and Vahid Khanali’s family in Bury TGWU, said, “Using children to blackmail she is able to do so. both received notice of their Asylum Support their parents” was “plumbing the depths of Where the Home Secretary issues such a cer- Adjudicator Appeal hearings following a deci- morality”. For the Parliamentary Joint Com- tificate asylum support is withdrawn unless it sion to certify them under the section 9 provi- mittee on Human Rights (Fifth Report of Ses- would be necessary to exercise the power to sions. This was their final chance to avoid sion 2003-2004), the idea of “using children provide support in order to avoid a breach of destitution at the hands of the Home Office. and the threat of taking them into care as a de- the Human Rights Convention or rights under By 1st September 2005 the families had lost terrent or incentive to persuade adults to co- the European Community treaties. There is a their appeals. Both had received eviction no- operate with the authorities” directly right of appeal to the Asylum Support Adjudi- tices but Bolton and Bury Councils had al- contravened the UN Convention of the Rights cators against a certificate issued by the Home lowed them to remain in their houses. Neither of the Child. Secretary. There is no pubic funding available were receiving cash or food, even to care for The British Association of Social Workers for representation before such an Adjudicator. their children, although the Councils claimed similarly argued that, regardless of the deci- that “voluntary assistance” was now available sions of adults, it was “fundamentally unjust Asylum Support as a tool of to them pending “legal clarification”. to introduce legislation that will make children immigration policy As a result of similar measures an unknown destitute” and force them into care. It was “as The use of section 9 follows on from previous number of other families have “absconded” if the government wishes to use children as a Labour government attempts to use asylum and gone underground. Nineteen families were rod with which to implement its immigration support as a tool of immigration control. believed by the National Asylum Support Ser- policy”. BASW stated that it would be “utterly

30 I Socialist Lawyer G March 2006 L 31 I March 2006 March , 27th November G , 31st August 2005). Lawyer The Guardian The Guardian Socialist Far from a “choice”, this is cruelly black- Perhaps it will take a claim for declaration of In time section 9 may raise wider issues, of Tony McNulty, the current Immigration the current McNulty, Tony parents are In a similar vein “irresponsible” In the Lords, Baroness Scotland could only Baroness Scotland In the Lords, mailing families into leaving the country. Worst mailing families into leaving the country. of all, it brings increased anxiety to people who are already frightened, having come to this country to seek protection from persecution. incompatibility under the Human Rights Act 1998, on the basis that the legislation is unlaw- ful and disproportionate under Article 8(2) of the Human Rights Convention, insofar as it compels a family to be split up, before the Home Office abandons reliance on this provision. Another Pilot Implementation: Yet Scheme Section 9 has been “piloted” by the Govern- ment on 116 families in Greater Manchester, and North London. The im- Yorkshire West inhumane. It in- plementation is, however, volves “making them an offer they cannot refuse”: either they must “volunteer” to go back to their original country from which they have fled, or they will be made destitute, be thrown out on the streets, and have their chil- dren taken away into local authority “care”. local authority collusion in evictions generally, as their role as landlords to failed asylum seek- cur- ers may expand. Local authorities cannot rently provide accommodation to failed asylum and seekers under section 4 of the Immigration to Asylum Act 1999; such accommodation has be privately provided. However under clause 43, originally clause 37, of the 2005 Immigra- tion, Asylum and Nationality Bill will allow local authorities to do provide such accommo- dation. This has been presented as benevolent but it may mean that there will be local au- thority evictions for those who do not return home “voluntarily”. Minister, has robustly defended the “tough” Minister, “we need to send a clear He has stated policy. “must leave the UK”, message” – families (letter to Appeal determina- blamed in Asylum Support against section 9 cer- tions following appeals by Adjudicators that tificates. It is often said respect for family life) is Article 8 (the right to can all stay together not breached as the family together. if they all leave the country, In Law and in Legal Practice Section 9 demands a collective legal response, on the part of housing, children and immigra- tion lawyers, and on the part of social welfare practitioners, trade unionists and local com- munities. The application of a certificate under section 9 withdraws support. In such circum- the stances a local authority will be faced with sup- option of taking the children into care, or porting them alone, and leaving their parents destitute. defend a “framework where the effect of what where the defend a “framework way that we is managed in a we anticipate children”, House of hope will not injure… April 2004, col 1699. Lords, Hansard, 5th taking children into care would not be the would not into care children taking but of the “un- policy, result of Government (‘I am not behaviour of the parents” reasonable King Herod’, 2003). The ‘For parents whose ‘For parents been support has under withdrawn line section 9, the them taken against tough’ has been very , 17th December 2003). The use of section 9 against parents who are At the time the then Immigration Minister For David Blunkett, then Home Secretary, ment will continue supporting parents in the difficult, but vital, task of bringing up their chil- dren.” failed asylum seekers makes it clear that some parents have been excluded from the embrace of these sentiments. For parents whose support has been withdrawn under section 9, the line taken against them has been very tough. at the Home Office, Beverley Hughes, formerly a lecturer who taught social workers that their primary duty was to ensure the welfare of chil- dren, denied that parents were faced with a choice between “voluntary” removals or having their children taken into care. In any case she stated “I expect them to act as any parent would, to make the best decision for their children and leave the UK” (letter to Guardian Indeed, this was re-iterated by the Prime The flaws in the section 9 policy can be lenges got any easier…. This Labour Govern- opportunities for our children, have the chal- Nor, despite increasing prosperity and greater Nor, sure whether you are doing the right thing. easy being a parent. You learn on the job, never easy being a parent. You best guarantee that a child will thrive. It’s not best guarantee that a child will thrive. It’s when he said, “A parent’s love and care is the when he said, “A parent’s child’s life.” child’s Blair, Minister himself, father of four Tony their parents is the most critical influence on a secure family. The bond between the child and The bond between the child secure family. deserve the chance to grow up in a loving, earlier, the DfES had stated that “All children earlier, Matters’ Cm 5860, published just three months tion and Skills Green Paper ‘Every Child wards children. In the Department for Educ- to be complicit in such a policy. to be complicit in such a policy. measured against the stated policy goals to- inappropriate” for the social work profession L Such people already face incredulous courts, which don’t believe what has happened to them. As if that was not enough, they then ‘This is not just some endure a process of the removal of already lim- academic legal debate. ited benefits and housing to force them to leave the UK. The upset and distress caused to fam- What matters is the ilies by the section 9 process is itself degrading treatment for people who should be receiving situation of the people support. The Sukula family in Bolton were issued themselves’ their final section 9 appeal papers on 1st August 2005, for a hearing on 4 August 2005. They lost this appeal, although the Adjudicator now introduced immigration legislation which stated that, “in the strictest sense”, the Home militates against this view.” Office had not followed its own procedures. Councillors, school governors and local Surely the point of such procedures is that community groups in both areas, demanded they have to be followed “strictly” if they are that their Councils keep the families together, to be lawful. The family were issued an eviction not least because it would be cheaper for coun- notice for 5th August 2005 but stayed put. The cil-tax-payers than taking the children into Council has not since sought to evict them but care. Both families discussed above included 7 they are receiving no cash or subsistence sup- month old, breast-feeding babies. port. Support for these two families has even The Khanali family in Bury were also issued come from the full range of local newspapers, with their final section 9 appeal papers on 1st not widely regarded as the most progressive August 2005, for a hearing on Friday 5th forces in society. The Bolton Evening News has August 2005. The Home Office denied that it run front page and editorial comments calling had received any representations, including one for support, with a tear-off coupon for people from a Church to whom it had replied “thank to send back supporting the Sukula family, and you for your letter…..”. The Asylum Support the editor appears on campaign public meet- Adjudicator remitted the case, for the Home ing platforms. Office to “reconsider and review all the evi- The Bury Times, Prestwich and Whitefield dence”. They did so. It took them precisely one Gazette, and local Advertiser have run front and a half working days. Then they just reis- page stories, with sympathetic coverage each specifically to consider the extent to which it is sued the termination of support letter effective week. And the Manchester Evening News con- compatible with the Children Act 1989, on 26th August 2005. ducted its own telephone poll of readers, which Human Rights Act 1998 and UN Convention A second appeal was lodged, but this time produced an 87% result in favour of Councils on the Rights of the Child. unsuccessfully. In 51 paragraphs of a long de- refusing to implement section 9. The Inter Agency Partnership, involving the termination, a different Adjudicator stated that Amid widespread cynicism at the notion Refugee Council, Refugee Action, Migrant “I am satisfied that any procedural irregularity that the pilot scheme would be evaluated, Gov- Helpline, Refugee Arrivals Project, Scottish which may (sic) have resulted in the decision ernment documents talked of “when” the pilot Refugee Council and Welsh Refugee Council, of 22 July 2005 being unlawful was corrected would be “rolled out”, not “if”. conducted a detailed analysis of the support upon remittal of the previous appeal and de- Arguably however the campaign against sec- that their members had given families. Their tailed consideration (sic) having been given to tion 9 may have ensured that the Government evaluation noted that families had experienced the representations of the Bury Law Centre and is having to take evaluation more seriously than mental health problems, difficulties accessing by Ivan Lewis MP.” it intended. An evaluation survey has been cir- legal advice, which included the effects of LSC Bury Law Centre commented: “In the culated to local authorities with 28 questions. funding restrictions, and destitution, as well as Asylum Support Appeal hearing two weeks Stunningly, in the era of Smiley-Face Nu- concerns about returning to their countries of ago, the Adjudicator threw the Home Office Labour, number 27 asks “Does your local au- origin and the whole decision-making process. case out, as they had not followed their own thority believe that there is a need for changes The evaluation concluded: procedures. This time, although nothing has to the section 9 procedures or were you happy • Voluntary return has not increased as a con- changed, a different Adjudicator was more for- with the original procedures?” Happy? sequence of implementation; giving of the Home Office errors. It feels like Voluntary agencies, including even those • Section 9 support and related costs are far getting the umpire to call “no-ball” until even- who are involved with implementation of the higher than continuing section 95 support for tually the bowler can get one to hit the stumps.” Government’s policies, have given section 9 a families (The support provided to failed asylum resounding thumbs down. Barnardos, sup- seeker families prior to the introduction of sec- Official Reaction and Counter- ported by the Refugee Children’s Consortium, tion 9); Reaction have produced a damning report. Crucially • There is no evidence that asylum applications Both Bury and Bolton local authorities are they noted that refugee children are children have reduced as a result of the section 9 pilot; members of the Greater Manchester group that first and foremost and that UK asylum policy • The credibility of the asylum process has been wrote to the Home Office to call for an urgent should protect their welfare as a first principle. questioned rather than reinforced by the sec- review of the whole pilot. The Yorkshire and “Threatening families with destitution, with tion 9 pilot. Humberside Councils, BASW, the Association having their children taken into care, is not an Consequently, just in its own terms, the of Directors of Social Services (“ADSS”) and ‘incentive’ that any caring society should utilise. “project” had failed, and the message to Gov- the Children’s Commissioner did likewise. When asylum-seeking families come to the ‘end ernment from these agencies was that it should Peter Gilroy, chief executive of Kent County of the road’ we should be meeting their wel- not be implemented nationally. Council and chair of the Asylum Task Force of fare needs and working to ensure that any Of those families affected to date, it is un- the ADSS said that section 9 raises “legal and return is voluntary, supported and safe.” derstood that some thirty families have melted ethical dilemmas” for local authorities. “The Barnardos called on the government to take away. Forty families have lost all support. As Government has already accepted that wher- the opportunity presented by the new Immi- the Barnardos report noted, once beneath the ever possible children should be cared for by gration, Asylum and Nationality Bill to repeal radar, these families, already vulnerable, are their parents and has made this clear by section 9 “before its implementation does fur- open to “abuse and exploitation”. Only six- making reductions in the numbers of children ther damage to the lives of individual children teen families have taken up the option of agree- in public care a principal target for local gov- and families”. Going further still, they called ing to return to the countries from which they ernment. It seems iniquitous that they have for a review of asylum policy as a whole, fled. None have yet been returned.

32 I Socialist Lawyer G March 2006 L ‘The Manchester Evening News poll of continued from page 17 readers produced an 87% result in favour of Councils refusing to implement section 9’ He went on to say, “[I] would not be pre- pared to be a member of an inquiry if at my back was a minister with power to exclude the public or evidence from the hearings.” Against this background, a highly signifi- cant expression of opposition to the British position was delivered recently by Dáil Eire- ann, the Irish Parliament in Dublin, with the full support of the incumbent government. On 7th March 2006, an all-party resolution was moved by the Irish Minister for Foreign Affairs, Dermot Ahern TD, where he stated the clear position of his administration: “The Government has made clear our opposition to the British proposals, both bilaterally and through international fora. We will continue to do so in London, Washington, Belfast and elsewhere. I have consistently raised this case with the Secretary of State for Northern Ire- land, Mr. Peter Hain, who met with the Fin- ucane family last month. I regret to say that in his recent reply to the family the Secretary of State failed to address the family's funda- mental concerns. The Government wishes the British Government to establish a full, inde- pendent and public judicial inquiry into the murder of Mr. Finucane, and nothing less. I commend this motion to the House.” The motion was unanimously passed by all polit- ical parties and not without considerable The Inter Agency Partnership report states mitment and obligations as a nation state to vocal support for the Finucane family and that despite Home Office claims that one the Human Rights Act 1998 and the European swingeing criticism of Britain. The leader of family had voluntarily returned and four had Convention on Human Rights”, Media State- the main opposition party, Enda Kenny TD, registered for voluntary return, the IAP had ment, 8th August 2005. stated “…[t]he limited form of inquiry pro- found that no family was willing to take steps Articles 3 and 8 of the Human Rights Con- posed under the UK Inquiries Act 2005 is to leave the UK and indeed that one who had vention prohibit inhuman and degrading treat- flawed. It contradicts the clear understanding signed the Immigration Service declaration to ment and guarantee families the right to respect that any inquiry recommended by Judge Cory return voluntarily did so only after being co- for family life respectively. They should be con- would take place under the aegis of the UK erced by Immigration Service officers to do so. sidered to apply and should be used to keep the Tribunals of Inquiry (Evidence) Act 1921. Its whole family together as the best way of en- seriously limited provisions favour optics over The White Welfare State or Every suring the welfare of the child. substance, a case of being seen to do some- White Child Matters This is not just some academic legal debate. thing rather than doing what is right.” He Who Welcomes Refugees? What matters is the situation of the people continued: “Allegations and evidence of col- It is probably inaccurate to think that the themselves, who campaigners, communities, lusion between loyalism and the security Home Office aim is simply removal of as many trade unionists and others are working to sup- forces in the North are viler aspects of an al- people as possible, although the statistics may port. The families and those who work to sup- ready vile era in the history of all the peoples look good to their target audience of Daily port them deserve our backing. of this island. At this time of new and fragile Mail readers. More likely, they want people out peace, it behoves the British Government to of sight, removed from view in much the same Stop press: confront unequivocally what is a major dis- way as homeless people have been swept off As a result of the campaign against the inhu- quiet for people North and South. The in- the streets when Olympic Bid Committees manity of section 9, the government may well be quiry into the murder of Pat Finucane must be come to visit. halting proceeding with it. This means that it forensic, independent and public, in terms of In particular, the welfare state appears not hasn’t been ‘rolled out’ to the other 5,000 fam- both justice and human decency. It is long to mean benefits for migrant black people, es- ilies who were in the firing line, and the govern- overdue and is needed now.” pecially large families of them occupying coun- ment may well not re-introduce it at all in future. The comments of Mr. Ahern and Mr. cil houses. Never mind that the families want However, what has been raised (including by Kenny were reinforced in the speeches of to work, pay taxes, buy their own houses, and some of the social services and refugee volun- many other parliamentarians who spoke to contribute to the local community. tary organisations) is the concept of “humane the motion leaving the British in the position Mirroring the institutional blackmail of the alternatives” – such as making failed asylum of having its governmental partner in the families, the Home Office made clear that if the seekers receive benefits on a sliding scale based peace process passing highly critical motions Councils took the children into institutional on their compliance with removal, or putting of its conduct in the domestic Irish parlia- care, they could expect to have their costs re- families into special detention centres. Also, ment. One would think that the lack of cred- imbursed. If they chose to keep the families to- there are still no benefits for the 50 families who ibility or tenability in the British position on gether, they could not. have been able to remain in local authority ac- the Finucane case would lead to a rethink but For practitioners, BASW now sees its warn- commodation, without income since last August this is nowhere to be found on the political ings coming true. The practice of section 9 is in – let alone for the other 50 or so who have been horizon. It seems the keepers of secrets are conflict with the “Ethical Code for Social evicted, or simply left their accommodation as a keeping the keys firmly in their pockets and a Workers”. BASW commented: result of the threats, and then gone underground long time may pass before they are forced to “This brutal power is not only an infringe- and disappeared below welfare radar. I turn them in any collusion lock. I ment on the human rights of children and fam- ilies but also calls into question our standing G John Nicholson is a pupil barrister at G Michael Finucane is the eldest son of Pat in the international community given our com- Doughty Street Chambers Finucane and a practising solicitor in Dublin.

Socialist Lawyer G March 2006 I 33 BookReview

facts. Asylum-seekers who resist exams. Unaccompanied children deportation, however passively arriving in Europe are supposed How can Europe treat and non-violently, are treated with to be looked after by the state at the most appalling brutality. Cases least until they turn 18. In people like this? abound of people being literally Britain, they are shuffled between parcelled-up with adhesive tape, the National Asylum Support sedated, restrained by a special Service (NASS) and social ser- helmet locking the head onto an vices’ departments. In a desperate The to countries with no effective gov- airplane seat. A heart-breaking ap- attempt by each agency to avoid Deportation ernment, such as Iraq, Somalia, pendix sets out ten documented responsibility, they are accused of Machine: the Congo, Afghanistan. cases of asylum-seekers dying lying about their age. Meanwhile, Europe, Asylum Europe’s next step, enthusias- during the deportation process, the Home Office is developing a and Human tically endorsed by Jack Straw, is usually as a result of having been pilot scheme to return unaccom- Rights to “warehouse” refugees – con- gagged and asphyxiated. panied children to their countries by Liz Fekete fining refugees to camps in their On ordinary flights, other of origin. And, of course, the in- Issue no. 51 of the IRR European regions of origin whilst they passengers have protested and famous section 9 pilot scheme in Race Bulletin, £15, published by watch out the conflicts in their even refused to board aircraft Greater Manchester offers par- the Institute of Race Relations. original countries. The idea is used for forced deportations – a ents a stark choice: deportation To order go to: www.irr.org.uk that a claim for asylum should small glimpse of humanity shin- or lose your children. only be a temporary situation. In- ing through this terrible story. To Underlying this treatment is, iz Fekete is a terrific re- stead of someone who is at risk avoid the protests, and the pub- in Liz Fekete’s phrase, a Euro- searcher, providing statistics of persecution being granted full licity, European governments pean-wide “anti-foreigner Land human stories. In the refugee status, as the Convention now charter flights specifically racism”. The racist rhetoric of past, on behalf of the Institute of demands and which carries con- for deportations, so that any bar- New Labour and the Tories in Race Relations, she’s dug up in- comitant rights, he or she will baric treatment remains invisible Britain, and other political par- valuable information on the simply be left in abeyance, in a and unaccountable. ties, mostly from the far-right, impact of arbitrary police powers camp, until the powers-that-be What happens on their return? elsewhere in Europe, has led to a on the Asian community. In this deem return to his or her original The European governments don’t culture whereby recent immi- book she examines the European country to be safe. care, and exact figures are impos- grants in general, and asylum- trend of deporting more and What about those asylum seek- sible to establish. If the home seekers in particular, aren’t more so-called “failed” asylum- ers being deported from Europe to country didn’t know that some- considered worthy of rights. In seekers and illegal immigrants, their original countries? Liz Fekete one had left and claimed asylum Britain, asylum-seekers are pro- and what that means in human is at her best as she describes the before, it is given a very large clue hibited from working and have terms. The stories will be familiar human devastation suffered by as the person is forcibly disem- no access to the welfare state. to asylum lawyers. For the rest of forced deportations. barked by European security They are shunted into a separate us, they are a wake-up call. Many of those deported have guards. There is evidence of re- state-apparatus, NASS, which de- Attempting to deter asylum- had their asylum claims summar- turned asylum- seekers being tor- cides where they will live, gives seekers is a European-wide phe- ily rejected, without proper due tured in Turkey, Syria, Egypt, them less than subsistence levels nomenon. The “European process. In Britain, it is well Iran, Eritrea, the Congo, and else- to live off, and cuts off that Council Directive on minimum known that access to good qual- where. European governments meagre amount if they “fail to standards for the qualification ity legal advice is almost impossi- have systematically ignored these comply”. Officials assume that and status of third-country na- ble. Legal aid to immigration accounts. Famously, Blair himself asylum-seekers are lying – about tionals and Stateless persons as lawyers has been extensively cut; tried to negotiate the deportation their identity, their history, even refugees or as persons who other- many of the best have been to Egypt of four asylum seekers, their age – unless proved other- wise need international protec- forced out of business. The re- and was impatient when advised wise: a reversal of the usual tion”, passed in June 2004, is a maining ones are overworked, there was ample evidence of seri- burden of proof. As the political deliberate policy designed to un- and have long wait- ous human rights abuses. “This is parties and the media continue dermine the Geneva Con- ing-lists. crazy. Why can’t we press on?” their hate-filled rhetoric, people vention. It redefines the Britain, and he said, showing his respect for are targeted, assaulted, some- Convention’s require- other European international law, the Human times even murdered, just for ment that refugees are countries, set Rights Act 1998, and common being asylum-seekers. protected from con- “targets” for humanity. Liz Fekete’s extensive legal flict until state protec- removal, de- The picture is even bleaker and statistical research and the tion in their countries spite targets when it comes to children. Chil- human stories behind the statis- of origin has been re- being incompati- dren watch their parents being tics is both heart-breaking and stored, by adding ble with the beaten up, or sedated. They may necessary. The treatment of that protection can be Geneva Conven- be separated, temporarily or per- asylum-seekers is one of the also provided by parties tion’s requirement manently, from their parents. greatest crimes that European and organisations includ- that each claim for They are deported without any governments are committing. ing international organi- asylum must be in- consideration given to their Her research gives us the ammu- sations. Thus, asylum dividually decided schooling – some shortly before nition to try to stop them. seekers can be returned on the specific they are due to take important G Liz Davies

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Tel ...... Signed ...... Date ...... Please send this form to: The Membership Secretary, Haldane Society, PO Box 57055, London EC1P 1AF Haldane Society celebrates of Socialist Lawyers birthday th Wednesday our75 3rd May An evening of entertainment, 6.30pm – 9.30pm comedy, food and wine with Conway Hall Red Lion Square, Jeremy Hardy London WC2 Jon Snow Iraq. We defend our civil rights from the government’s assaults. We call for Shami Chakrabartiand our members represented the Guantánamo Bay to be closed down, National Union of Mineworkers in the all prisoners detained without charge For over 75 years, Haldane members 1984 – 1985 Strike. We have to be released and an end to our have campaigned against all forms of consistently opposed colonialism in government’s complicity in repression and for equality and all its forms and supported national “extraordinary renditions”. liberation for all. From 1930s onwards, liberation movements and human Come and join us, as we we have fought against racism and rights throughout the world. celebrate our first 75 years. Join our fascism and for the rights of the 75 years on, we’re still taking a campaign to close down Trades Unions. We marched against stand on the key issues. As part of Guantánamo and bring its British the Vietnam War, and for civil rights. the international peace movement we residents home. We supported black liberation, campaign against Bush and Blair’s women’s liberation, lesbian and gay illegal wars and the occupation of liberation. We stood shoulder to Tooks Court Chambers, shoulder on the Grunwick picket line 8 Warner Yard, Warner Tickets in Street, London EC1R 5EY; £20 per head. advance from DX 68 Chancery Lane; £10 students/ Carol Thomas tel: 020 7841 6100 unemployed at Carol.Thomas @tooks.co.uk or: