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Showing posts with label police. Show all posts
Showing posts with label police. Show all posts

Friday 16 August 2013

There is still time to side with those committed to democracy in Egypt


The irony for some is that the Muslim Brotherhood and its supporters remain the upholders of the ballot box's legitimacy
Protesters in Egypt
Supporters of Mohamed Morsi: 'The security apparatus is taking revenge for the last two years when it felt threatened by the possibility of any new order.' Photograph: Mohamed Al-Sayaghi/Reuters
The military and police state has returned in full force to Egypt. A country that for a brief period after 60 years of dictatorship was on a path of democratic transition saw a reversal of that process with the coup on 3 July against Egypt's first freely elected president. The coup was justified on the basis of a mass popular outpouring on the streets, although it is generally accepted now that the numbers were a fraction of those claimed by the military and its supporters.
Those calling for a return to the days that preceded the 25 January revolution in 2011, which brought about the fall of Hosni Mubarak, were not only the military high command, the interior ministry, the security services and the police, but critically the judiciary and the state media. These coteries of power actively worked together to block the smooth functioning of the state.
This went hand-in-hand with a vicious campaign to vilify and demonise the party in power, namely the Muslim Brotherhood. Propaganda campaigns against them had been a feature of Egypt's dictatorships from Nasser to Mubarak in an attempt to weaken the main challenge to the regime. But the secular and liberal opposition, having failed to win enough votes themselves, played spoilers rather than engage in the political process, accept the results and campaign for the next elections.
And so the military and this opposition to Mohamed Morsi were to come together in an alliance of convenience with at least a nod from the US and UK to bring down the elected government through unconstitutional means. The street would have to be the way out if the ballot box was not delivering desired results. The method was a well-choreographed campaign that, despite genuine popular support, was essentially directed by the interior ministry and military.
As we examine the debris of Wednesday's massacre (where mounting casualty numbers are suggesting more than 1,000 deaths), there are two parties in today's power struggle. On one side is the ancien regime and its liberal allies – that small core of revolutionaries opposed to the Brotherhood and the politicking Salafi parties. On the other side is the Muslim Brotherhood and its supporters, including pro-legitimacy liberals who refused to broker the idea that votes suddenly counted for nothing. The irony for some is that it is the Islamist side that is upholding the legitimacy of the ballot box and the commitment to a civil state.
During the elected government's year-long term some said that the ballot box was not enough and that Morsi was not inclusive enough, but the fact remains that the ballot box is an essential part of the democratic process. Politically, what Egypt lacked during its experiment in democracy was a loyal opposition. Instead, the opposition that came together under the umbrella of the National Salvation Front decided to back a military coup.
The public is told through the state-controlled media that the sit-ins that have filled Egypt's squares were hijacked by terrorists bent on destroying state institutions. The west is told that part of the roadmap that General Sisi has sanctioned includes a limited number of cabinet posts for the Muslim Brotherhood. Notwithstanding such blatant distortion of electoral will, the vast majority of the Brotherhood's rank-and-file are determined that its opposition to the military coup be peaceful and its leadership categorically reject violence.
What Egypt has experienced since the coup has been the systematic return of the military and police state through arbitrary arrests, media clampdown and the shooting of protesters. Egypt's state institutions, as in most dictatorships, are corrupt and fearful of change. The security apparatus is taking revenge for the last two years when it felt threatened by the possibility of any new order that would eventually hold it accountable. Since the coup began it feels it has taken control again and is ready to strike hard at anyone who challenges it, whatever their ideology.
The civilian facade to this regime is no guarantee against human rights abuses. On the contrary, it provides them with greater shelter. Egyptians are divided today between those who long for security and economic stability, and those who know that although the price is high, the country is at a crossroads of military dictatorship and the possibility of a civil society.
There is still a window of opportunity to side with those committed to democracy in Egypt, and to put pressure on the military by cutting off aid from the United States and by ensuring that it has to be held accountable for any crimes against humanity.

Wednesday 24 July 2013

Britain is far more corrupt than we think


Mary Dejevsky in The Independent

Within Britain, there is a widespread view – seriously dented neither by the MPs’ expenses saga nor by the newspaper phone-hacking scandal – that this is not a corrupt country. It might not be quite as squeaky clean as Scandinavia, but it is nothing like – let’s see, who shall we offend? – Italy or Spain. As for Russia or China, well, we can strut the moral high ground – can’t we? – certain of our superiority.

Incorruptibility is part of our national self-image. But we flatter and deceive ourselves. Over the past few weeks, The Independent has exposed private investigators who routinely break the law, digging for dirt on behalf of commercial clients. The techniques – phone hacking and “blagging” – are the same as those for which journalists have been hauled before the courts and pilloried by public opinion.

If there seems to be a slight edge to our reports, how could there not be? On present evidence, law enforcers would appear to take a dimmer view of journalists applying these illegal methods, or buying them in, than it does of business people and lawyers who do the same. That, at least, was the message from the Serious Organised Crime Agency, which initially instructed MPs not to name the companies commissioning such services on the grounds that it could “undermine their financial viability” by “tainting them with… criminality”.  Yesterday, however, there was a change of heart and Soca supplied the Home Affairs Select Committee with a list of a list of 101 names of people and organisations who have hired private investigators. The committee’s chairman, Keith Vaz, is now deciding whether to publish them.

Strictly speaking, blagging – obtaining information by deceit – can succeed without a partner. The offence is all on one side: no money or favour changes hands. But this is not the only way in which information is obtained. As with journalists and the police or others who hold  sensitive information, it is now known that money or favours have changed hands. And in these cases, those who sell are as culpable as those who buy. There has to be a market for the transaction to work.

The sellers might not see themselves as corrupt, merely as individuals exploiting an opportunity, or enjoying a perk of the job. That such practices may not always have been recognised as corrupt does not make them less so. It just means we are more adept than some of our neighbours at not calling things by their proper names. A gift for euphemism is something else that defines our national character.

If journalists and private investigators were the only ones under investigation, and the only commodity changing hands was information, we might just be able to file it away and argue that Britain has a very limited and very specific corruption problem. But this is not true, either.  In banking, we have had the rigging of Libor, the key lending rate, by individual bank employees for personal gain. As corruption goes, this comes close to the top of any list because  greed compromised a major pillar of the financial system – in a global financial centre which was built largely on its word being its bond.

A few steps further down we have claims of corrupt behaviour by British companies abroad. Only last week accusations were made against employees of a British company in China, GlaxoSmithKline. According to the Chinese, other pharmaceutical firms are also in the frame – for allegedly bribing doctors to prescribe their products. It is not, of course, that paying backhanders, or “doing as the natives do”, was unheard of in the operations of UK companies outside Britain. But the Bribery Act of 2010 made it expressly illegal, and it comes to something when it is the Chinese authorities doing the exposing and British companies that find themselves in the dock. The reputational damage flows only one way.

Again, it might be just possible to winkle out a “British” exception and claim that this sort of corruption reflects the malign influence of “foreigners” rather than any home-grown proclivity. But such complacency is challenged by the latest “global corruption barometer” compiled by Transparency International. Published earlier this month, its findings show not only that the perception of corruption in Britain has increased markedly over the past two years – not surprising, giving the prominence of the phone-hacking scandal – but that in the same period one person in 20 claims to have paid a bribe to a public official for services as diverse as health, justice and education.

A first instinct is, naturally, to question these conclusions. A second would be to surmise that those who admitted paying a bribe were at the margins – newcomers, perhaps or illegal migrants. But that would be too easy an escape. As with journalists and police, corruption is a transaction. There must be takers as well as givers. But I find it credible, too, because of a mini-brush of my own. When posted abroad more than 10 years ago, I checked that my husband, if he became non-resident, would have to pay privately for his (expensive) Parkinson’s medicine. The doctor, a locum, said yes, that was so. Then he paused, and – as I read it – implied, no more, that a deal could be struck. I left, but a possibility was there. 

And this is where corruption begins. Not with GSK in China, but with crimes left unpunished, names left unnamed and the prosaic minutiae of daily needs debased. If the Serious Organised Crime Agency is telling MPs – our representatives – what we the public may and may not know for national commercial reasons, the UK is on a slipperly slope indeed.

Tuesday 25 June 2013

With the Met Police, if you are innocent you have everything to worry about


Peter Francis's revelations show the need for a judicial inquiry – so the public can see how far our democracy has been eroded
Doreen Lawrence
Doreen Lawrence in 2008 at the memorial service marking 15th anniversary of the murder of her son, Stephen.
The revelations by the former NSA operative, Edward Snowden (now to be charged with espionage himself), about the massive extent of state snooping on telephone calls and internet traffic, shocked even the most sanguine. The authorities, however, on both sides of the Atlantic, came out with the same stock response verging on justification: if you are innocent you have nothing to worry about.
The quite disgraceful conduct of police undercover agents described by another whistleblower, Peter Francis, gives the lie to this complacent and arrogant mantra. The perfectly innocent family of Stephen Lawrence was targeted in an attempt to discredit and undermine its quest for truth. Not for the first time has the state tried to depict victims and their families as disreputable and unworthy of belief: Bloody Sunday, Jean Charles de Menezes and Hillsborough are other recent examples.
Besides institutional racism it seems the Metropolitan police was also guilty of institutional deceit. A whole unit was established in order to manage and practise this, within the special demonstration squad (SDS). So much for another mantra commonly trotted out by our leaders that we enjoy freedom of expression and the right to peaceful protest. This will come as no surprise to experienced observers (eg CND in the 1980s, which faced a well-funded government anti-CND propaganda unit and constant surveillance). It is not remotely comforting or reassuring to know that the SDS was disbanded in 2008, given the existence of another outfit, the National Public Order Intelligence Unit, which was charged with tracking green activists.
SDS employed in the region of 130 officers and a number of those were deputed to scratch around for anything they could find on the Lawrences at the very time they should have been devoting resources to what was to become a thoroughly incompetent investigation. They failed to make arrests based on reliable information received within 24 hours; instead we now know that Francis was acquiring alternative information on Stephen's friend and main witness Duwayne Brooks, which might undermine his credibility. Subsequent charges against him were later dismissed.
Additionally, it appears efforts were being made to discover who visited the Lawrence family home and who was involved in a support group, Youth Against Racism. Both home and group were being invaded on an entirely spurious basis.
The general background is far wider than the Lawrence case, embracing many other areas and activities. Officers have adopted false identities, often those of dead infants, played roles which involved intimate relationships with women who rightly feel desperately abused and has been described by one as "like being raped by the state". The Mark Kennedy saga is an exemplification of the scope and depth of infiltration.
In January this year, Maina Kiai, the UN special rapporteur on the rights to freedom of peaceful assembly and of association, provided a highly critical report on violations of human rights in the UK. One of the matters he focused on was the use of undercover policing. He recommended a review of the Investigatory Powers Act 2000 and a judge-led inquiry. Neville Lawrence has demanded exactly that in an interview with the BBC. He is right: we are dealing with potentially unlawful practices and fundamental breaches of the European convention, especially with regard to privacy.
At present there are 16 different inquiries taking place. One of them is Operation Herne, conducted by the chief constable of Derbyshire under the direction of the IPCC. Another is going to be an extension of the Mark Ellison QC review into the question of corruption.
This is manifestly inadequate. Fragmented, protracted and disparate inquiries behind closed doors, let alone carried out by police officers, will hardly restore public confidence already severely dented by denial and deceit. There has to be an independent judge-led public inquiry which incorporates the potential for accountability and transparency. A forum along the lines of Leveson is imperative, so the public can be made aware of how far our democracy has been eroded, and it needs to address the following questions:
1. Authorisation: a squad as big as this does not exist for more than 40 years without approval, if only tacit, at the very highest level. Who knew about it and to whom was it accountable?
2. What were its terms of reference, especially with regard to the unit described by Francis?
3. Funding: substantial sums of public money must have been devoted to this operation. Which budget was used? Who authorised it?
4. Method: who authorised the various techniques employed?
5. Monitoring: how was it regulated? What was Her Majesty's Inspectorate of Constabulary doing? Did they ask the right questions? Were they told the truth?
6. Who decided that the operation would not be disclosed to the Macpherson inquiry?
Once more we must expose collusion, corruption and manipulation. There can be no justice without truth.

How can we invest our trust in a government that spies on us?

We should not fear some Orwellian future state where we're subjected to total electronic scrutiny – it's our present reality
Bob Lambert
Bob Lambert, an undercover policeman who is alleged to have lied in court and has been accused by an MP of firebombing, was awarded an MBE in 2008 and now teaches at St Andrews University. Photograph: guardian.co.uk
'If you are a law-abiding citizen of this country, going about your business and your personal life, you have nothing to fear." That's how William Hague, the foreign secretary, responded to the revelations of mass surveillance in the US and the UK. Try telling that to Stephen Lawrence's family.
Four police officers were deployed to spy on the family and friends of the black teenager murdered by white racists. The Lawrences and the people who supported their fight for justice were law-abiding citizens going about their business. Yet undercover police were used, one of the spies now tells us, to hunt for "disinformation" and "dirt". Their purpose? "We were trying to stop the campaign in its tracks."
The two unfolding spy stories resonate powerfully with each other. One, gathered by Paul Lewis and Rob Evans, shows how police surveillance has been comprehensively perverted. Instead of defending citizens and the public realm, it has been used to protect the police from democratic scrutiny and stifle attempts to engage in politics.
The other, arising from the documents exposed by Edward Snowden, shows that the US and the UK have been involved in the mass interception of our phone calls and use of the internet. William Hague insists that we should "have confidence in the work of our intelligence agencies, and in their adherence to the law and democratic values". Why?
Here are a few of the things we have learned about undercover policing in Britain. A unit led by a policeman called Bob Lambert deployed officers to spy on peaceful activists. They adopted the identities of dead children and then infiltrated protest groups. Nine of the 11 known spies formed long-term relationships with women in the groups, in some cases (including Lambert's) fathering children with them. Then they made excuses and vanished.
They left a trail of ruined lives, fatherless children and women whose confidence and trust have been wrecked beyond repair. They have also walked away from other kinds of mayhem. On Friday we discovered that Lambert co-wrote the leaflet for which two penniless activists spent three years in the high court defending a libel action brought by McDonald's. The police never saw fit to inform the court that one of their own had been one of the authors.
Bob Lambert has been accused of using a false identity during a criminal trial. And, using parliamentary privilege, the MP Caroline Lucas alleged that he planted an incendiary device in a branch of Debenhams while acting as an agent provocateur. The device exploded, causing £300,000 of damage. Lambert denies the allegation.
Police and prosecutors also failed to disclose, during two trials of climate-change activists, that an undercover cop called Mark Kennedy had secretly taped their meetings, and that his recordings exonerated the protesters. Twenty people were falsely convicted. Those convictions were later overturned.
If the state is prepared to abuse its powers and instruments so widely and gravely in cases such as this, where there is a high risk of detection, and if it is prepared to intrude so far into people's lives that its officers live with activists and father their children, what is it not prepared to do while spying undetectably on our private correspondence?
Already we know that electronic surveillance has been used in this country for purposes other than the perennial justifications of catching terrorists, foiling foreign spies and preventing military attacks. It was deployed, for example, to spy on countries attending the G20 meeting the UK hosted in 2009. If the government does this to other states, which might have the capacity to detect its spying and which certainly have the means to object to it, what is it doing to defenceless citizens?
It looks as if William Hague may have misled parliament a fortnight ago. He claimed that "to intercept the content of any individual's communications in the UK requires a warrant signed personally by me, the home secretary, or by another secretary of state".
We now discover that these ministers can also issue general certificates, renewed every six months, which permit mass interception of the kind that GCHQ has been conducting. Among the certificates issued to GCHQ is a "global" one authorising all its operations, including the trawling of up to 600m phone calls and 39m gigabytes of electronic information a day. A million ministers, signing all day, couldn't keep up with that.
The best test of the good faith of an institution is the way it deals with past abuses. Despite two years of revelations about abusive police spying, the British government has yet to launch a full public inquiry. Bob Lambert, who ran the team, fathered a child by an innocent activist he deceived, co-wrote the McDonald's leaflet, is alleged to have lied in court and has been accused by an MP of firebombing, was awarded an MBE in 2008. He now teaches at St Andrews University, where he claims to have a background in "counter-terrorism".
The home office minister Nick Herbert has stated in parliament that it's acceptable for police officers to have sex with activists, for the sake of their "plausibility". Does this sound to you like a state in which we should invest our trust?
Talking to Sunday's Observer, a senior intelligence source expressed his or her concerns about mass surveillance. "If there was the wrong political change, it could be very dangerous. All you need is to have the wrong government in place." But it seems to me that any government prepared to subject its citizens to mass surveillance is by definition the wrong one. No one can be trusted with powers as wide and inscrutable as these.
In various forms – Conservative, New Labour, the coalition – we have had the wrong government for 30 years. Across that period its undemocratic powers have been consolidated. It has begun to form an elective dictatorship, in which the three major parties are united in their desire to create a security state; to wage unprovoked wars; to defend corporate power against democracy; to act as a doormat for the United States; to fight political dissent all the way to the bedroom and the birthing pool. There's no need to wait for the "wrong" state to arise to conclude that mass surveillance endangers liberty, pluralism and democracy. We're there already

Friday 21 June 2013

McLibel leaflet was co-written by undercover police officer Bob Lambert


Exclusive: McDonald's sued green activists in long-running David v Goliath legal battle, but police role only now exposed
Bob Lambert posed as a radical activist named Bob Robinson
Bob Lambert posed as a radical activist named Bob Robinson.
An undercover police officer posing for years as an environmental activist co-wrote a libellous leaflet that was highly critical of McDonald's, and which led to the longest civil trial in English history, costing the fast-food giant millions of pounds in fees.
The true identity of one of the authors of the "McLibel leaflet" is Bob Lambert, a police officer who used the alias Bob Robinson in his five years infiltrating the London Greenpeace group , is revealed in a new book about undercover policing of protest, published next week.
McDonald's famously sued two penniless green campaigners over the roughly typed leaflet, in a landmark three-year high court case, that was widely believed to have been a public relations disaster for the corporation. Ultimately the company won the libel battle it need never have fought, having spent expensively on lawyers.
Lambert was deployed by the special demonstration squad, a top-secret Metropolitan police unit that targeted political activists between 1968 until it was disbanded in 2008. He co-wrote the defamatory six page leaflet in 1986 — and his role in its production has been the subject of an internal Scotland Yard investigation for several months.
At no stage during the civil legal proceedings brought by McDonalds in the 1990s was it disclosed that a police infiltrator helped author the leaflet.
McLibel: Helen Steel and David Morris, outside a branch of McDonald's in, London, in 2005 The McLibel two: Helen Steel and David Morris, outside a branch of McDonald's in, London, after winning their case in the European court of human rights, in 2005. Photograph: Martin Argles for the Guardian

A spokesman for the Met said the force "recognises the seriousness of the allegations of inappropriate behaviour and practices involving past undercover deployments". He added that a number of allegations surrounding the undercover officers were currently being investigated by a team of police officers overseen by Derbyshire police's Chief Constable Mick Creedon.
And in remarks that come closest to acknowleding the scale of the scandal surrounding police spies, the spokesman added that: "At some point it will fall upon this generation of police leaders to account for the activities of our predecessors, but for the moment we must focus on getting to the truth."
Lambert declined to comment about his role in the production of the McLibel leaflet. However he previously offered a general apology for deceiving "law abiding members of London Greenpeace", which he said was a peaceful campaign group.
Lambert, who rose through the ranks to become a spymaster in the SDS, is also under investigation for sexual relationships he had with four women while undercover, one of whom he fathered a child with before vanishing from their lives. The woman and her son only discovered that Lambert was a police spy last year.
The internal police inquiry is also investigating claims raised in parliament that Lambert ignited an incendiary device at a branch of Debenhams when infiltrating animal rights campaigners. The incident occured in 1987 and the explosion inflicted £300,000 worth of damage to the branch in Harrow, north London. Lambert has previously strongly denied he planted the incendiary device in the Debenhams store.
A McDonald's sign While McDonald's won the initial legal battle, at great expense, it was seen as a PR disaster. Photograph: Image Broker/Rex Features

Lambert's role in helping compose the McLibel leaflet is revealed in 'Undercover: The True Story of Britain's Secret Police', which is published next week. An extract from the book will be published in the Guardian Weekend magazine. A joint Guardian/Channel 4 investigation into undercover policing will be broadcast on Dispatches on Monday evening.
Lambert was one of two SDS officers who infiltrated London Greenpeace; the second, John Dines, had a two-year relationship with Helen Steel, who later became the co-defendant in the McLibel case. The book reveals how Steel became the focus of police surveillance operations. She had a sexual relationship with Dines, before he also disappeared without a trace.
Dines gained access to the confidential legal advice given to Steel and her co-defendant that was written by Keir Starmer, then a barrister known for championing radical causes. The laywer was advising the activists on how to defend themselves against McDonalds. He is now the director of public prosecutions in England and Wales, one of the most senior legal figures in the country.
Lambert was lauded by colleagues in the covert unit for his skilful infiltration of animal rights campaigners and environmentalists in the 1980s. He succeeded in transforming himself from a special branch detective into a long-haired radical activist who worked as a cash-in-hand gardener. He became a prominent member of London Greenpeace, around the time it began campaigning against McDonalds in 1985. The leaflet he helped write made wide-ranging criticisms of the corporation, accusing it of destroying the environment, exploiting workers and selling junk food.
Four sources who were either close to the spy at the time or involved in the production of the leaflet have confirmed his role in composing the libellous text. Lambert confided in one of his girlfriends from the era, although he appeared keen to keep his participation hidden. "He did not want people to know he had co-written it," the woman said.
Paul Gravett, a London Greenpeace campaigner, said the spy was one of a small group of around five activists who drew up the leaflet over several months. Another close friend from the time recalls Lambert was really proud of the leaflet. "It was like his baby — he carried it around with him," the friend said.
When Lambert's undercover deployment ended in 1989, he vanished, claiming that he had to flee abroad because he was being pursued by special branch. None of his friends or girlfriends suspected for a moment that special branch were actually his employer.
It was only later that the leaflet Lambert helped to produce became the centre of the huge trial. Even though the activists could only afford to distribute a few hundred copies of the leaflet, McDonald's decided to throw all of its legal might at the case, suing two London Greenpeace activists for libel.
Two campaigners — Steel, who was then a part-time bartender, and an unemployed postman named Dave Morris — unexpectedly stood their ground and refused to apologise.
McLIbel: Helen Steel and David Morris Steel and Morris outside the high court at the start of the very first proceedings in the McLibel trial, in 1990. Photograph: Photofusion/UIG via Getty Images) exploitation|criticising|defendents|royal|corporation|morris|act Photograph: Photofusion/UIG/ Getty Images

Over 313 days in the high court, the pair defended themselves, with pro bono assistance from Starmer, as they could not afford to hire any solicitors or barristers. In contrast, the corporation hired some of the best legal minds at an estimated cost of £10m. During the trial, legal argument largely ignored the question of who wrote the McLibel leaflet, focusing instead on its distribution to members of the public.
In 1997, a high court judge ruled that much of the leaflet was libellous and ordered the two activists to pay McDonalds £60,000 in damages. This sum was reduced on appeal to £40,000 — but McDonald's never enforced payment against Steel and Morris.
It was a hollow victory for McDonald's; the long-running trial had exposed damaging stories about its business and the quality of the food it was selling to millions of customers around the world. The legal action, taking advantage of Britain's much-criticised libel laws, was seen as a heavy handed and intimidating way of crushing criticism. However the role of undercover police in the story remained, until now, largely unknown.

Friday 10 May 2013

Scandal: Just how corrupt is Britain?



Rotten banks, dodgy cops, MPs on the fiddle. A conference on public life has evidence to
topple long-held assumptions

Jonathan Brown
Friday, 10 May 2013

Looking across the seas at political scandals surrounding the likes of Silvio Berlusconi and
Jacques Chirac, at match-fixing in Pakistani cricket and Italian football, or claims of tax
avoidance on a nationwide scale in Greece, it was said jingoistically for many years that
humble Britain could never compete with the explosive corruption scandals that "Johnny
Foreigner" seemed to specialise in.

Yet recent British scandals can compete with the best Europe can offer. Besides MPs fiddling
their expenses and Jimmy Savile's history of paedophilia, racing has been hit by Frankie
Dettori's six-month drugs ban, we've seen London-based banks Barclays and UBS
embarrassed by the Libor rate-fixing scandal, and BAE Systems has been investigated over
its arms deals.

The police have become embroiled, too, with Detective Chief Inspector April Casburn jailed
for offering to sell information to the now defunct News of the World and evidence of a
cover-up on the Hillsborough disaster. And while none of our Prime Ministers have yet had to
stand before a court, MPs including Jonathan Aitken and Margaret Moran have been
convicted and Neil Hamilton famously lost his libel claim against Mohamed al Fayed over the
cash-for-questions affair.

Even royalty has not been immune, thanks to the tabloid sting that saw Sarah Ferguson
offering access to Prince Andrew for cash.

With this weighty list and other cases to examine, it will be claimed today that corruption
has in fact become an everyday part of British national life.

A conference of campaigners and academics, entitled "How Corrupt is Britain?", will hear
evidence that wrongdoing is not confined to a few corrupt officials but is systemic within
leading institutions.

The conference organiser, Dr David Whyte, of the University of Liverpool's School of Law and
Social Justice which is hosting the event, said the aim was to challenge two "long-outdated"
assumptions.

"First, that corruption is a problem that happens in far-away places, in governments that do
not have our traditions. Secondly, that corruption is something that we can understand
merely as a problem that stems from the actions of a minority of public officials who are 'on
the make', rather than something that is routine in our most venerated institutions," he said.
Among the speakers will be Carole Duggan who has campaigned on behalf of her late nephew
Mark Duggan who was shot by police in Tottenham, north London, in an incident that
sparked the summer riots of 2011.10/05/2013 Scandal: Just howcorrupt is Britain?

An Independent Police Complaints Commission (IPCC) report into his death is still not
complete and investigators have not spoken to the firearms officers involved. She claims she
has faced persistent collusion between official bodies preventing her bid to find out the truth
– with her lawyer, Michael Mansfield, arguing earlier this year that the cases showed the
IPCC was "not fit for purpose".

She believes that society as a whole has become more corrupt because of the anger at the
high salaries and bonuses still paid in the City despite its financial failings.

"Corruption is now endemic – just look at the bankers," she said. "They are teaching kids to
just take what they want – which is why they were taking trainers from shops in the riots.
That is what they are being taught by the greedy people."

Joanna Gilmore, of the Northern Police Monitoring Project – an organisation which brings
together campaign groups across the north of England – said many sections of the
population were losing faith in public bodies particularly the police and the IPPC.

Ms Gilmore said: "Corruption and violence is central to what people have experienced.
Communities feel powerless when they try to seek redress through official channels. They are
hitting a brick wall when they make a complaint."

Organisers hope that by sharing their experiences groups can pool expertise and find new
ways of dealing with systemic corruption across the whole of public life.

Co-organiser Richard Garside, director of the Centre for Crime and Justice Studies, said there
was an urgent need to view corruption as a nationwide problem that spanned both public and
private spheres of national life.

He said: "In Britain it has often been thought that corruption is something that happens in
other countries, not ours. The conference will join the dots across the public and private
domains, and begin a dialogue between campaigns for police accountability, tax justice,
executive pay, political and corporate accountability.

"Rarely, if ever, do we talk about those things in the same place. This conference will make
links across those different spheres of public life."

Tuesday 15 January 2013

Overcome by a sense of betrayal


Prem Shankar Jha
The Hindu
 
People are beginning to believe that democracy, in which they had faith all these years, is part of the problem and, therefore, cannot be part of the solution

The torrent of anger that erupted all over the country after the 23-year-old physiotherapy student in Delhi — whom the media named ‘Nirbhaya’ — was raped and thrown out of a moving bus has obscured a profoundly disturbing anomaly: the rape was a criminal act committed by individuals. But most of the anger of the public has been directed at the government. Barring a few lapses, the Central and State governments acted promptly, and with commendable efficiency. The Delhi police captured the alleged rapists within hours and the government spared no expense in its attempt to save her life.
The police also showed an uncharacteristic restraint in dealing with the protesters. To control the crowds with a minimum of violence, policemen put themselves repeatedly in harm’s way. A constable, P.C. Tomar, laid down his life doing his duty. Many others were injured.

The Delhi High Court and the State government took the pent up grievances of women’s associations and other human rights groups to heart and acted speedily to meet their demands. The former set up five special courts to hear the backlog of rape cases. The Lt. Governor made it mandatory for police stations to register all complaints of rape and other crimes against women. So why did the media and the public spare no effort to shift as much of the blame as possible on to the shoulders of the state?
 
Smouldering anger

The answer is that the rape acted as the trigger for an older, and deeper, anger in people — one that has been smouldering for years in their hearts. This stems from a profound sense of betrayal. Democracy was meant to empower them. Instead, in a way that few of them understand even today, it has done the exact opposite.

Empowerment requires the rule of law. People feel empowered only when they know that they have rights, and that the institutions of government exist, first and foremost, to enforce them. The rule of law is, however, only another name for justice. Empowerment therefore requires justice. The bedrock from which the anger that erupted on December 17 sprang is the denial of justice. In spite of being a democracy for 65 years, the Indian state has not been able to create something that people value even more than material benefits: a just society. It has achieved this unique feat by making both its elected legislators and its bureaucracy, not to mention its lower judiciary, immune to accountability. It has therefore become a predatory state that the people have learned to fear.

The hallmark of the predatory state is the universality of extortion. In India, we regularly lump extortion together with bribery under the generic title of corruption. In doing so, even the most ardent of reformers inadvertently conspire with the predators to hide the true, ugly, face of our democracy. Bribery and extortion are, in fact, two entirely different forms of predatory behaviour, and have markedly different effects upon the relationship of state with society.

Bribery is voluntary. The bribe giver chooses to give money or favours to influence a choice, steal a march over rivals, or hasten (sometimes delay) a decision. Bribery harms the economy and society cumulatively over a period of time by preventing optimal choice, increasing cost and lowering the quality of the product or the service rendered. But it has limited political impact because it is a voluntary transaction between consenting adults and the injustice it does is confined to a small circle of rivals.

Extortion is an entirely different form of predation. It requires no contract; no negotiation; and therefore no element of consent. It is a simple exercise of brute power by an employee or representative of the state over the citizen. Its commonest form is to deny the citizen the services to which he is entitled until he agrees to make a ‘private’ payment to the functionary in whom the power of the state is vested. Every act of extortion is a fresh reminder to the citizen of his or her impotence. This becomes complete if he or she is denied redress for the abuse of power.

In India this has been all-but-denied not simply by law but by the Constitution itself. Article 311 of the Constitution reads: “No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.” It makes it clear that this injunction applies to not only civil but criminal cases as well. For the Central services, the empowered Authority is the President of India; for the State civil services, it is the Governor. This has meant that no prosecution can by initiated without the permission of the Central or State government. As the dismal experience of the Central Vigilance Commission has shown, in civil cases this permission is rarely given.
 
Complaints against police

One set of figures illustrates the impunity with which civil servants can break the law. According to the National Crime Records Bureau’s annual report Crime in India 2007, between 2003 and 2007 citizens filed 282, 384 complaints of human rights abuses against the police. Of these only 79,000 were investigated; only 1,070 policemen were brought to trial and only 264 — less than one in a thousand — were convicted. All but a handful stayed on at their posts, free to wreak vengeance on those who had dared to complain against them. It is therefore a safe bet that the actual number of such abuses is at least 10 times the number reported. It helps to explain why a girl who filed a complaint of rape with the police in Lucknow about two months ago was raped by the Station House Officer, then repeatedly by the investigating officer, but could not muster the courage to get the latter caught, and report the former till she felt empowered by the protests in Delhi.

The Constituent Assembly lifted Article 311 almost verbatim from a clause in the Government of India Act 1935 whose purpose was to protect British civil servants, notably the police, from incessant harassment by sharp-witted Congress lawyers. But the 1935 Act did not put the civil servant above the law. This was because he could be held accountable, as Edmund Burke had shown, by the British Parliament. In independent India, however, this restraint was destroyed by the progressive corruption, and criminalisation, of the political class that it now serves.

The root cause of both is the lack of any provision in the Constitution for the financing of elections. In Britain where the average constituency covers 380 square kilometres and has around 60,000 voters this is a nuisance. In India where the parliamentary constituency covers 6,000 sq km and holds 1.3 million voters it has proved a catastrophe.

In the 1950s, the need for funds was met to a large extent by the rising industrial class and by the Princes. But when these two began to desert the Congress in favour of the Swatantra Party and the Jana Sangh in the 1960s, Indira Gandhi banned company donations to political parties and abolished the privy purses. After that the only way in which political parties could stay in the game was to break the law.

Over the ensuing decades, two sets of predatory networks have developed to finance, or otherwise influence, elections. The first is of criminals who provide the muscle to intimidate voters; the second is of local money-bags and power-brokers who rally support for candidates belonging to one or the other party in exchange for favours when it comes to power.

As these have become more entrenched, they have virtually eliminated intra-party democracy at the grass roots and progressively reduced the number of constituencies in which State and Central party leaders can bring in fresh candidates chosen on the basis of merit. In the current Parliament, for instance, at the last count 159 MPs had criminal charges pending against them. Another 156 are second generation ‘princelings’ whose parents established the clientelist networks that now serve them. The State Assemblies are even more closed to new aspirants: 44 per cent of the MLAs in Bihar, 35 per cent in West Bengal and 30 per cent in Gujarat face criminal charges. The proportion of ‘pocket boroughs’ is also higher in the States than at the Centre.
 
Predatory state

The perennial need for money lies at the roots of the predatory state that India has become. Today, its ruling class consists of corrupt politicians who are served by an extortionate bureaucracy and police that are shielded from public wrath by nothing less than the Constitution of India.

In earlier decades, people’s anger was held in check by their faith in the democratic system. They therefore gave vent to their demand for accountability in the state by turning out to vote in ever larger numbers and regularly overthrowing incumbent governments. Only in recent years has it begun to dawn on them that democracy has become a part of the problem and cannot therefore be part of the solution. The protest is therefore moving closer to the borders of revolt. This has been apparent in the Maoist uprising that began in 2005, and has driven the state out of large parts of 83 districts in the country.

The Anna movement last year was another turning point because it was the first time that the urban middle class took to the streets. December’s mass protests in Delhi were the second time. History teaches us that this is the point at which the state usually begins to crumble. Were this to happen in India, it would not lead to the emergence of a more just and accountable Indian state but to its disintegration.

There is still time for our Central and State leaders to remember that no society that has lost its sense of justice, and, therefore, its moral legitimacy, has survived for long. But they are beginning to run out of it.
 
(The writer is a senior journalist)

Friday 17 August 2012

Ecuador's brave decision to provide asylum to Assange

This is what is called courage. This is the power of conviction. Even as the big bullies of global politics – US & UK – were trying to arm-twist Rafael Correa, the president of Ecuador, into submission, the South American leader showed how bold he was by giving asylum to Julian Assange, the founder of WikiLeaks who has changed the nature of journalism and the way the governments do their business – their dirty business.
 
Correa is a man of conviction. He has battled Ecuador’s robber barons – always backed by the US -- and the right-wing media on his way to the country’s presidency.  He represents that generation of South America's left-wing leaders who decline to give in to American pressure and refuse to be treated as America’s backyard.
 
In his interview with Julian Assange on his show on Russia Today (RT) television channel a few months ago, Correa was clear about what he thought of Washington. When Julian Assange asked him what do “the Ecuadorean people think about the US and its involvement in Latin America and in Ecuador?” Correa said: “Evo Morales (the Bolivian president) says, the ‘only country that can be sure never to have a coup d’etat is the United States because it hasn’t got a U.S. Embassy’.” Spot on!
 
Then he spoke about how the Americans funded and controlled the police in Ecuador – and hence its economy and politics. After coming to power, Correa cut that money trail, and that led to some anger in police units. “I’d like to say that one of the reasons that led to police discontent was the fact that we cut all the funding the U.S. Embassy provided to the police. Before and even after we took office, we took a while to correct this. Before, there were whole all police units, key units, fully funded by the U.S. Embassy whose offices in command were chosen by the U.S. ambassador and paid by the U.S. And so we have increased considerably the police pay…”
 
The Julian Assange Show – one of the best shows on television ever – was an eye opener. Even after Assange walked into the Ecuadorean embassy and stopped doing the show, RT continued following the story, though the WikiLeaks founder almost vanished from the screens of BBC and CNN. I have been following the Assange’s asylum drama on RT for months and now it’s clear to me what the western governments are really afraid of. Speaking on the channel in an interview on Wednesday, Steve Wozniak, who co-founded Apple Computers with Steve Jobs in 1976, said, “As far as WikiLeaks, I wish I knew more about the whole case. On the surface it sounds to me like something that’s good. The whistleblower blew the truth. The people found out what they the people had paid for. And the government says, ‘No, no, no. The people should not know what the people had paid for.”
 
Another big revelation came from Kevin Zeese, who has been running a campaign for Bradley Manning, the US army private who presumably leaked all the cables to Assange and is now rotting in a US prison. Speaking on RT, Zeese said the US calls Assange a “high-tech terrorist” because the “US is scared by the information disseminated by Assange, as it reveals corruption at all levels of the US government.”
 
“There is an embarrassment to the US Empire, but no one has been killed by this. There has been no undermining of US national security,” said Kevin Zeese, emphasizing that what really worries the government is that the public sees what the US does on a “day-to-day basis.”
 
Zeese is not the only one exposing the truth behind Britain’s “veiled threats” to storm the Ecuadorean embassy in London and hand over Assange to Sweden. The British call it their “binding obligation.” But their intention is highly suspicious. According to David Swanson, an author and activist, it is likely that if Assange was extradited to Sweden he would handed over to the US where he will be tried for espionage, given “the unusualness of the extradition with no charges in place.”
 
The threat to Assange’s freedom is real. According to an email from US-based intelligence company, Stratfor, leaked in February, US prosecutors had already issued a secret indictment against Assange. “Not for Pub. — We have a sealed indictment on Assange. Pls protect,” Stratfor official Fred Burton wrote in a January 26, 2011, email obtained by hacktivist group Anonymous.
 
Now, the question is if Assange can get out of the Ecuadorean embassy in London, get to the Heathrow and take a flight to Ecuador. It’s not easy. The British – in complete violation of international law – might arrest him the moment he steps out of the building. The Americans – in complete violation of international law – can scramble their fighter jets and force his plane to land in Guantanamo. They have already declared him a terrorist (That also makes terrorists of all journalists and newspapers who wrote and carried reports based on the leaked cables).
 
Taking out innocent people in the name of “war on terror” is America’s new business. Believe it or not, US President Barack Obama, the Nobel peace prize winner, personally has been signing death warrants for “terrorists”, who quite often turn out to be ordinary villagers, farmers, school children and women in the dusty valleys of Afghanistan. This is Dronophilia – killing people with a remote control, with a pilotless machine hovering over, with a missile that blows people to bits, and they don’t need to confirm if they got their ‘target’.
 
Ecuador has done the right thing by giving asylum to Assange. A small country has stood up to the big bullies of global politics even when the so-called giants of the new global order – India and China – have remained mute spectators to the whole drama. They have failed to speak for free speech, human rights and transparency in government affairs.  
 
Julian Assange exposed the crimes and dirty games the big powers play. So, they went after him. Now, Ecuador has given him shelter. They will for sure go after this small country now, for sure. This will be a good excuse to meddle into the internal affairs of South American again.
 
Ecuador has done a brave thing but now it needs to be careful. It needs to be very careful. The whole South American continent needs to be careful now… 

Friday 6 July 2012

Indian police still using truth serum



Use of Sodium Pentothal to secure confessions – classified by some as torture – still common in certain regions of India
india-truth-serum
A person injected with “truth serum” is generally too woozy to give lengthy explanations, but can supply answers to certain questions and clues. Photograph: Valentin Flauraud/Reuters
It is the sort of scene that belongs in a film noir, not a 21st-century democracy: an uncooperative suspect being injected with a dose of "truth serum" in an attempt to elicit a confession. But some detectives in India still swear by so-called narcoanalysis despite India's highest court ruling that it was not only unreliable but also "cruel, inhuman and degrading".
The technique is back in the news after officers from India's Central Bureau of Investigation (CBI) asked a judge for permission to administer sodium pentothal to a high-profile Indian politician and his financial adviser embroiled in a corruption case. The drug is a barbiturate that acts on the central nervous system, dissolving anxiety, inducing drowsiness and even unconsciousness.
CBI investigators made the application in order to try to prove embezzlement allegations against Jagan Mohan Reddy, the charismatic son of YS Rajasekhara Reddy, the former chief minister of Andhra Pradesh in southern India, who died in a mysterious helicopter crash in 2009. They argue that the technique is warranted because neither Reddy nor his auditor are co-operating with the inquiry.
Reddy Jr tipped for the chief minister's job himself, has protested vehemently against the use of narcoanalysis on the grounds that a supreme court ruling in 2010 held that such tests are illegal without consent from the individuals.
But Dr Gandhi PC Kaza, chairman of the Truth Lab, India's first independent forensic service, told the Guardian that despite narcoanalysis being "unscientific, undemocratic, illegal and inhumane", it was still used with enthusiasm in certain Indian states – notably Gujarat and Karnataka. He condemned the practice, saying it had "no place in the world's greatest democracy".
There are no official figures for the number of suspects who have been subjected to narcoanalysis, but VH Patel, deputy director at the Directorate of Forensic Sciences, Gandhinagar, in Gujarat, western India, told the Guardian he had personally conducted narcoanalysis in nearly 100 cases. He estimates that his lab gets requests for narcoanalysis three to four times a month.
He insisted that the procedure was safe and ethical. "There is no violence involved. It's a good methodology that helps the investigation," he said. "After all, there has to be justice for the victims.If we conduct narcoanalysis on a terror suspect, everyone kicks up a fuss, but what about the people who have suffered?"
Patel said he worked with a team of three other scientists to administer the tests, as well as a psychiatrist and an anaesthetist, who decides which drugs to use at what dosage. "It takes almost a week to test a single person. We conduct various medical tests and interviews with them," he said. "It's an important methodology but we cannot say how accurate it is in the end. That depends on the investigation."
A person injected with "truth serum" is generally too woozy to volunteer lengthy explanations, but is usually able to give answers to certain questions and clues. Patel said his lab had received no complaints regarding side-effects. But in 2011, Sheikh Mujib, an engineering student who was accused in a bomb blast case in the Indian city of Ahmedabad, complained of health problems after narcoanalysis.
Arun Ferreira, a political activist who underwent forced narcoanalyis after being arrested in 2007 under the Unlawful Activities Prevention Act for being an alleged Maoist, described the procedure as a sort of torture – and one whichthat "only decreases the individual's ability to lie and is in no way a foolproof method for uncovering the truth". The revelations supposedly made under the influence of truth serum may contain fantasies like a person under the influence of alcohol."
Sometimes defendants undergo the procedure in an attempt to prove their innocence. Rajesh and Nupur Talwar, currently on trial in Delhi for murdering their 14-year-old daughter, volunteered for narcoanalysis in an attempt to prove their innocence. The inventor of narcoanalysis, an American obstetrician called Robert House, originally meant it to exonerate prisoners. During his time in labour wards around 1915, he noticed that the drug administered to women during childbirth, scopolamine, had a strange effect on his patients, causing them to talk freely. In 1922, he arranged to interview two suspected criminals under the influence of the same drug – they denied the charges and were later found not guilty.
Many experts believe narcoanalysis can be classed as torture under the United Nations Convention against Torture. Though India signed the convention in 1997, its parliament never ratified it.