SL68_cover_pages_print 09/10/2014 08:33 Page 1 SocialistLawyer Magazine of the HaldaneSociety of Socialist Lawyers I Number 68 G October 2014 £3 Black and dangerous? Rebecca Omonira listens to patients’ experiences of mental health services SL68_pp2-3_contents&editorial_print 09/10/2014 12:52 Page 2 Haldane Society of Socialist Lawyers PO Box 64195, London WC1A 9FD www.haldane.org The Haldane Society was founded in 1930. It provides a forum for the discussion and analysis of law and the legal reportdigital.co.uk / Hurd Jess Picture: system, both nationally and internationally, from a socialist perspective. It holds frequent public meetings and conducts educational programmes.The Haldane Society is independent of any political party. Membership comprises lawyers, academics, students and legal workers as well as trade union and labour movement affiliates. The list of the current executive, elected at the AGM on 14th November 2013 is as follows: President: Michael Mansfield QC Vice Presidents: Geoffrey Bindman QC, Louise Christian, Tess Gill, Tony Gifford QC, John Hendy QC, Helena Kennedy QC, Imran Khan, Catrin Lewis, Gareth Peirce, Michael Seifert, David Turner-Samuels, Estella Schmidt, Phil Shiner, Jeremy Smith, Frances Webber, David Watkinson Chair: Liz Davies ([email protected]) Vice-Chairs: Kat Craig and Anna Morris ([email protected]) News & comment Citizenship; Birkbeck; food banks; Secretary (job-share): trafficking; ELDH activities; Easton Cowboys plus On The Russell Fraser & Michael Goold 4 ([email protected]) Picket Line and Young Legal Aid Lawyers columns Socialist Lawyer editor: Tim Potter Gerry Conlon Gareth Peirce on the death of Gerry Conlon; ([email protected]) and why Gerry’s life is a reminder that wrongful convictions Treasurer: Rebecca Harvey 12 Membership Secretary: happen everywhere, by Michael Naughton Debbie Smith ([email protected]) Ecocide Prisca Merz argues it is now time to act against the International Secretary: Bill Bowring ([email protected]) 16 large-scale damage and destruction of ecosystems Executive Committee: Water cannon In June the Metropolitan police bought a Robert Atkins, Martha Jean Baker, Nick supply of water cannon from Germany. Natalie Sedacca asks Bano, Jacob Bindman, Natalie Csengeri, 20 Rheian Davies, Emily Elliott, Elizabeth if it is for preventing disorder or quelling democratic rights? Forrester, Margaret Gordon, Agnieszka Creating Memory is our Weapon Photo essay featuring Grabianka-Hindley, Owen Greenhall, Richard Harvey (co-opted, non-voting), 23 the work of B+ and Coleman of the famous march in 2001 on Carine Hejazi, Paul Heron, John Hobson, Mexico City by the insurgent Indian people of Chiapas Sophie Khan, Angus King, Stephen Knight, Black and dangerous? Rebecca Omonira asks why are Siobhan Lloyd, Natasha Lloyd-Owen, Carlos Orjuela, Declan Owens, Sam Parham, 28 black people with mental health problems more likely to be Wendy Pettifer, Ripon Ray, David Renton, heavily medicated, restrained and detained against their will? Brian Richardson, Hannah Rought-Brooks, Marina Sergides (co-opted), Adiam The United States, Colombia and the spread of the Weldensae 36 death squad state Daniel Kovalik looks at how the US maintains its ‘false-positive’ nightmare in Colombia SocialistLawyer Swiss judiciary declines justice Annelen Micus reports Editor: Tim Potter 38 on the murder of Colombian Nestlé worker and Sinaltrainal Assistant Editor: Russell Fraser trade unionist Luciano Romero Special thanks to Liz Davies, Rheian Davies, Michael Goold, Stephen Knight, Declan Owens, One of many Saturdays in prison Camilo Insuasty- and Shanti Sivakumaran 40 Obando recounts visiting his mother, a leading political Cover illustration: Patrick Koduah campaigner, in prison in Colombia Design: Smith+Bell (www.smithplusbell.com) Print: The Russell Press (www.russellpress.com) New York’s toxic justice for the Ecuadorian oilfields ISSN 09 54 3635 42 Corporate America dumps on Ecuador’s indigenous people, argues Alexander J. Preiss Reviews The Killing of Blair Peach; Young Rebels – The 44 Story of the Southall Youth Movement and Wonderland 2 Socialist Lawyer October 2014 SL68_pp2-3_contents&editorial_print 09/10/2014 12:52 Page 3 from the editor The subject of mental health in 2014 in the UK Law Project) v Secretary of State for Justice Taboos remains to a large extent a matter of taboo which [2014] EWHC 2365 (Admin) nonetheless gives rise to stigma and sometimes worse against represents a victory in the wider struggle against and stigma those who suffer from mental health difficulties. the Government’s austerity programme. It is one This is despite it being an issue which affects example perhaps of why the Justice Secretary is need to be every human being to some degree or other. so keen to cut legal aid and limit access to judicial Much work has still to be done on these shores to review, despite the clear threats that this poses to fought alter the general negative perceptions that exist both the rule of law and democracy. surrounding mental health issues. There is some The struggle for access to justice, the rule of irony in this given that the UK has some of the law and democracy is as much an international most progressive professionals working in the theme as a domestic matter. In this issue there is field of mental health of anywhere in the world. a special feature on Colombia where human In this issue we are proud to co-publish together rights defenders such as Liliany Obando with openDemocracy, Rebecca Omonira’s continue to struggle for peace, democracy and revealing investigation into black patients’ better living standards. In a continuation of our experiences of mental health services. Defending Human Rights Defenders work, The recent soundings coming out of the three members of the Haldane Society recently visited main party political conferences this autumn Liliany Obando at her home in Bogotá where have done little to dispel the sense that further she is currently detained under house arrest on austerity measures are pending in the coming the charge of ‘rebellion’. The Haldane Society is months and years whatever may happen at next supporting the campaign for the release of Ms year’s general election in May 2015. It is the Obando and has written recently to the speeches made at the Conservative party Colombian authorities concerning her case. conference which have been the most alarming Liliany Obando’s son writes about his and the most naked in their hostility to the experience of a visit to his mother during the vulnerable, poor and disadvantaged in society. time of her incarceration at Buen Pastor The Tory led assault on the justice system Women’s prison. continues. Not content with savaging legal aid Colombia has a sophisticated written and other areas of the welfare state, the constitution. There are many dedicated lawyers Conservatives have announced through working in Colombia seeking to advance human briefings to the press this autumn their desire to rights and the rule of law. The hope across scrap the Human Rights Act if re-elected in May Colombia among many of its citizens is that the 2015. The ideological motives behind these peace talks currently taking place in Havana announcements, coupled with the constitutional between the Farc and the Colombian State lead illiteracy of the proposals, have led to protests to the successful resolution of a conflict that has from Conservative party luminaries such as lasted for too long and which continues to claim Kenneth Clarke QC MP. The former Attorney many innocent lives, including those of trade General, Dominic Grieve QC MP, was moved to unionists, journalists and lawyers. call the proposals to dispose of the Human We are grateful to the photographers B+ and Rights Act ‘almost puerile’. He went on to tell Coleman for being able to publish their photo The Guardian newspaper that his view of the essay Creating Memory is our Weapon proposals was that: ‘I also think they are documenting the Zapatista march on Mexico unworkable and will damage the UK’s City in 2001. As the review of the play international reputation.’ Wonderland about the 1984 – 1985 miner’s strike In his regular column on behalf of Young also reminds us in this issue, the power of Legal Aid Lawyers, Connor Johnston casts an memory and recollecting the struggles of eye over some of the recent defeats suffered by yesteryear is vitally important. Gareth Peirce the Government in the High Court concerning remembers one her most well known clients, the ill conceived cuts to legal aid which the Lord Gerry Conlon and his struggle to overcome the Chancellor, Chris Grayling MP, has sought to impact of being a victim of one of the most push through. Although it is now the subject of infamous miscarriages of justice in recent British an appeal, the judgment of the High Court on the legal history. proposed residence test in the case of R (Public Tim Potter ([email protected]) Socialist Lawyer October 2014 3 SL68_pp4-11_news 09/10/2014 08:35 Page 4 News&Comment Revoking citizenship: ‘a form of punishment more punitive than torture’ he expansion of the use of British citizenship is US drones in the ‘war on commonly revoked while Tterror’ has rightly attracted individuals are in international alarm and criticism. The transit, rendering their passports reportdigital.co.uk / Hurd Jess Pictures: unmanned planes are used to invalid by the time they reach carry out assassinations on their destination. The individual suspected terrorist targets, often is then detained by border with scant regard for due process authorities and passed on to the or any resulting ‘collateral national police or secret services damage’ which frequently claims for questioning. the lives of innocent victims. Though the stripping of It is known that UK citizenship is not a new tool at the Government agencies and secret Government’s disposal, it is now services assist their US sufficient that the Home counterparts by gathering Secretary demonstrate only information and intelligence ‘reasonable belief’ that the which is subsequently used to individual can secure an target victims of drone attacks.