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Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Friday 18 June 2021

Has the blackbox of UAPA finally been opened?

Pratap Bhanu Mehta in The Indian Express


Student activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha outside Tihar prison, after a court ordered their immediate release in the north-east Delhi riots "conspiracy" case, in New Delhi, Thursday, June 17, 2021. (PTI Photo)


The orders passed by Justices Siddharth Mridul and Anup J Bhambhani, granting bail to Asif Tanha, Devangana Kalita, and Natasha Narwal, have opened up the black box of the UAPA (Unlawful Activities Prevention Act) jurisprudence. The UAPA had become the black box of Indian jurisprudence for a number of reasons. First, as the orders note, the definition of “terrorism” in Section 15 of the UAPA is vague, and has been used as a licence to classify all kinds of infractions as terrorist. This order will put more spotlight on how individuals are charged under the provisions of the UAPA.

It requires that the state show why the alleged crimes or infractions should not be dealt with by laws dealing with conventional offences under the IPC or other relevant laws. It also helpfully points out that a simple law-and-order problem in a state should not be equated with a terrorist problem. By making a clear distinction that the former is a state subject, and the latter a Union subject under lists one and two, the order, potentially, also has implications for federalism in matters of law enforcement.

Second, it lays down at least a general standard for when a case might be made for being charged under the UAPA. In particular, this order insists that the allegations made against the accused must be backed up by facts, must pertain to acts undertaken by them as individuals, and must be specifically framed. This goes counter to the recent trend where sometimes chargesheets rely as much on speculation as fact, invoke circumstantial considerations about the broad political context rather than acts committed by individuals, and are framed vaguely.

Third, this order opens up the important issue of bail. The UAPA, broadly interpreted, can be a Kafkaesque law when it comes to bail. It prohibits granting bail if there are reasonable grounds for believing that the prosecution’s case might be prima facie true. The problem with this is that often the prosecution’s version was accepted without serious cross-examination. But the Supreme Court had put the defendants in an even more Catch-22 situation, by effectively prohibiting courts from engaging in a substantial examination of the merits of a case during the bail hearings. This order reiterates the fact that courts still have a lot of room to subject the government’s case to scrutiny even in bail hearings. They can examine, as this order has done, how the law has been applied, and they can even look into evidentiary questions. There is a little bit of a conceptual challenge here, though. The court rightly looked into the nature of the evidence presented by the state in this case, and effectively demolished it. Based on the considerations put forward in these orders, it is difficult to imagine another court being able to uphold the state’s case for prosecution. 

The question is, if a higher court hears a bail hearing, how can its orders be crafted in a way that does not prejudge the outcome of a full-blown trial. In this case, the charges and evidence were patently absurd. It is difficult to see how the court could have come to any other conclusion. But when higher courts hear bail hearings and grant relief based on the demolition of the prosecution’s case, what implications does it have for a full trial? This case gives a good prudential reason for the state not to oppose bail in many circumstances precisely for this reason: Opposing bail opens up the case to greater scrutiny without the context of a full trial. This is an interesting conceptual issue.

This order is also a welcome effort to prevent our civil liberties from being swallowed up by the black hole of state power. The UAPA is also a problematic law because it attacks the presumption of innocence. The Supreme Court is becoming wobbly on as fundamental a right as habeas corpus, the state is construing the expression of thought as a crime, ordinary protest is being suppressed or criminalised, bail is being routinely denied, and the state is actively targeting dissenters. In this context, the reiteration of some common sense principles is very welcome: It provides some relief and hope for constitutional wisdom to prevail. Hopefully, it will empower more judges to do their duty.

But it is premature to be optimistic about the direction of civil liberties in India. It is a matter of great relief that the trial court has finally released the accused. But prior to that, their release was delayed by a day on the grounds that their address had not been verified. If the state could not verify the address of someone they had in their custody for a year, you don’t know whether to laugh or cry. It is almost as if the authorities decided to enact a parody version of their impunity. But there is no escaping this fact. The order is an indictment of the Delhi Police and its masters in the Ministry of Home Affairs. In any civilised democracy, heads would have rolled. Instead, what we will get is an aggressive appeal by the state. We can only hope the Supreme Court will not let the cause of liberty down again.

We also know that landmark orders often have very little effect on the state or the culture of the judiciary. They sometimes work in high-profile cases. Sometimes they are a reflection of conscientious judges doing their duty as these judges seem to have done. But more often than not, they have been a flash in the pan that allow us to hold on to the illusion that the judiciary will at some point dispense justice. Will this order, by the power of its example, have an implication for the travesty of justice being enacted in the Bhima Koregaon cases, and the fate of Sudha Bharadwaj and Anand Teltumbde? Just yesterday this paper carried the story on the front page of Mohammed Ilyas and Mohammed Irfan, who were acquitted of UAPA-related charges after nine years, seven of which they spent in jail having had four bail applications turned down. It is a reminder that the pathologies of the UAPA are not specific to particular political parties, but were hardwired into the system.

This bail order has opened up the black box of UAPA jurisprudence. It is well reasoned, without histrionics, and full of constitutional common sense. But whether this order will be sufficient to wipe off the recent black marks against the judiciary remains to be seen.

Monday 28 March 2016

The only way to achieve anything is to become comfortable with rejection.





‘JK Rowling tweeted two rejection letters that she’d received in response to manuscripts written under the pen name Robert Galbraith.’ Photograph: Suzanne Plunkett/REUTERS

Linda Blair in The Guardian


There’s a poster on the wall of the gym I use, a place frequented by many aspiring British athletes. It says simply: “You lose 100% of the chances you don’t take.”

No one likes to be rejected, to take a chance, to put in huge effort only to be rebuffed. But if you want to succeed at anything in life, you have to put yourself forward. You have to take the chance that you’ll be rejected. There’s no choice – what it says on that poster is absolutely right. The alternative is to be 100% certain you’ll never realise your dreams.












Rejection is more the norm than the exception for authors, as JK Rowling reminded everyone last week, when she tweeted two rejection letters that she’d received – after her success with Harry Potter – in response to manuscripts written under the pen name Robert Galbraith. The bestselling author Joanne Harris responded: “I got so many rejections for Chocolat that I made a sculpture.” They’re far from the only well-known authors to have been knocked back – James Joyce, George Orwell and John le Carré all suffered a number of rejections before their manuscripts were finally accepted. And yet, despite the hurt of rejection and the work involved in rewriting, everyone knows their work is better as a result.

Why do we find rejection so upsetting? After all, it’s almost never life-threatening to be rejected. The reason lies in our interdependence.

Human beings need one another in order to thrive, particularly at the beginning of our lives. During that period of development, if no one cares about a baby enough to offer loving care and attention, that baby will die. That’s why it feels so important to be approved of, to be liked and accepted by others – at certain times it’s the only way we can survive. You can see now why the more you value the approval and opinion of the person who’s judging you, the more upset you’ll be if they reject you. This also explains why rejection hurts more when your offerings are personal, more an expression of who you are or hope to be rather than something you’ve simply been asked to throw together, for example an assignment for a school subject you don’t enjoy or a requirement at work.

It’s one thing to understand why you feel bad when you’ve been rejected. But why stop there? Why not take things a step further? Instead of thinking about rejection as something you hope to avoid, see if you can make it work for you rather than distress you. When you do this, rejection will actually help you create something even better than the offering that’s been cast aside. Here’s how.

Start by learning not to take a rejection personally. Instead of saying, “What’s wrong with me?”, step back. See if you can figure out what might be lacking in what you’ve created, or in the way you’ve gone about trying to achieve your dream. The artist Dexter Dalwood, speaking recently to creative arts students at their graduation ceremony, warned his audience: “If you want your ideas to succeed, be prepared to be rejected. Often. It comes with the territory.”

Rejection is part of the process in manufacturing as well as in the creative arts.James Dyson, a man who changed our lives in a number of ways, including how we clean our homes and dry our hands, says he finds rejection helpful. His plan to create a bagless vacuum cleaner took 5,127 modifications, following numerous rejections from retailers. He told the BBC in an interview just after the launch of a more recent invention, the Airblade Tap, that “failure is the best medicine – as long as you learn something”.

Learning through failure is how rejection helps. It can spur you on to do it again, do it better. Anders Ericsson, a professor at the University of Colorado, observed the practice habits of violin students in Berlin from the age of five until they reached adulthood. He found that the most powerful predictor of success, of whether students became “elite” violinists, was how many hours of practice they put in, how determined they were to improve. The author Malcolm Gladwell popularised this idea, which has become known as the “10,000-hour rule”. It seems that it takes approximately 10,000 hours of dedication, of being criticised and reacting constructively to that criticism, to succeed and achieve true excellence.

The patients I see who are struggling with rejection often ask me when they should give up, at what point they should accept the rejections and stop trying. My answer is never. As long as you have a dream, something you believe in and wish to achieve, keep going.

A rejection doesn’t mean you failed. It means you tried. Try again.

Monday 20 April 2015

Cricket Coaching: Follow in the bare footsteps of the Kalenjin

Ed Smith in Cricinfo

What can the story of running shoes among Kenyan athletes teach us about cricket? More than I thought possible.

Nearly all top marathon runners are Kenyan. In fact, they are drawn from a particular Kenyan tribe, the Kalenjin, an ethnic group of around 5 million people living mostly at altitude in the Rift Valley.

Here is the really interesting thing. The majority of top marathon runners grow up running without shoes. The debate about whether other athletes should try to mimic barefoot-running technique remains contested and unresolved. However, it is overwhelmingly likely that the unshod childhoods of the Kalenjin does contribute to their pre-eminence as distance runners.*

And yet it is also true that as soon as Kalenjin athletes can afford running shoes, they do buy them. They know that the protection offered by modern shoes helps them to rack up the epic number of hours of training required to become a serious distance runner.

So there is a paradox about long-term potential and running shoes. If an athlete wears shoes too often and too early, when his natural technique and running style are still evolving, he significantly reduces his chances of becoming a champion distance runner. But if he doesn't wear them at all in the later stages of his athletic education he jeopardises his ability to train and perform optimally when it matters.

Put simply, the advantages of modernity and technology need to be first withheld and then embraced. Most Kenyan runners begin wearing trainers in their mid-teens. Some sports scientists argue that if they could hold off for another two or three years, they'd be even better as adult athletes. But no one knows for sure exactly when is the "right" time to start running in shoes. We glimpse the ideal athletic childhood, but its contours remain extremely hazy. 

Logically, there is a further complexity. Imagine two equally talented developing athletes, one with shoes, the other barefoot, neither yet at their athletic peak. Wearing shoes, by assisting training and recovery, would yield an advantage at the time. But that short-term advantage would leave behind a long-term disadvantage, by depriving the athlete of the legacy that barefoot runners enjoy when they begin wearing shoes at a later stage. In other words, building the right foundations during adolescence is more important than doing whatever it takes to win at the time.

Where is the cricket here? When I read about the strange influence of first learning barefoot then using the latest technology - in the admirable and thought-provoking book Two Hours by Ed Caesar, published this July - I wrote in the margin: just like cricket coaching.

A modern player seeking an edge over his opponents would be mad not to have access to the latest kit, technology, data, fitness coaching and rehab techniques. But if he comes to rely on the interventions and apparatus of coaches and trainers too early, when his game and character are still in flux, then he misses out of the biggest advantage of the lot: self-reliance and learning from trial and error. In other words, there is no conflict between homespun training methods and sports science. It is a question of the right amount at the right time. Indeed, the art of training always relies on subtly mixing technique and science alongside folk wisdom and feeling.

Consider the greatest of all cricketing educations. As a child, Don Bradman learnt to bat on his own - repeatedly hitting a golf ball against the curved brick base of his family water tank. The empirical method led him to a technique that no one had dared to try. His bat swing started way out to the side, rather than a straight pendulum line from behind him. He had escaped the greatest risk that can befall any genius: an early overdose of prescriptive formal education.

Kevin Pietersen, in his pomp the most exciting England batsman of his era, was also self-taught to an unusual degree. It was ironic, in his recent autobiography, that Pietersen was so keen to describe in words that he knew better than "the system". In his earlier days, he made the point more eloquently with his bat. Having arrived from South Africa as an offspinning allrounder, he became one of the most thrilling batsmen in the world. Think of all the money and effort - the "pyramids of excellence" and "talent conveyor belts" - expended on manufacturing great English players. And one of the best of them was untouched - some would say undamaged - by the whole apparatus. He figured things out for himself.

Connected to the question of impairing natural development is the problem of over-training and specialising too early. The now debunked "10,000 hours theory" - which holds that genius is created by selecting a discipline as early as possible and then loading on mountains of practice - is being replaced by a far more subtle understanding of nurturing talent.

A study of professional baseball players showed that keeping up football and basketball in teenage years increased the likelihood of making it as a top baseball pro. In his fine book The Sports Gene, David Epstein assembles persuasive evidence that Roger Federer's sporting education (a mixture of badminton, basketball, football as well as tennis) is far more typical of great athletes than the Tiger Woods-style mono-focus that is so often held up as the model.

When the psychologists John Sloboda and Michael Howe studied gifted children at a musical academy, they found that extra lessons for younger musicians proved counterproductive: the kids just burned out. The best players, it turned out, had practised the least as children. Diversity was just as important. The exceptional players practised much less at their first instrument, but much more than the average players on their third instrument.

So if you want an Under-13s champion, yes, buy the latest kit, bully him to practise all hours, pick one sport and make him eliminate all the others. But you are merely reducing the likelihood of producing an adult champion.

Even professionals can aspire to retain the receptivity of children who are learning by playful sampling rather than through directed orthodoxy. I once organised the first phase of pre-season training for a cricket team. I tried to change the culture from one of compliance - if I don't do what I'm told, I'll get in trouble - towards self-regulation, the ability to feel and respond to your game as you push yourself and find out what works and what doesn't. The Kalenjin have mastered that, too. Even at the very top, the athletes continue to lead the training sessions. They take what they need to from science but they trust their intuition.

*A barefoot childhood is by no means the only factor. A recent study showed that the Kalenjin elite runners had 5% longer legs and 12% lighter legs than a sample of top Swedish runners. The Kalenjin also have an unusual mixture of sea-level ancestry (they moved from the low-lying Nile Valley to the elevated Rift Valley only a few centuries ago) and altitude living. Physiologically, they are valley people who live up the mountain. There are also, inevitably, a host of environmental factors.

Tuesday 9 December 2014

Anni Dewani has been failed by South Africa


She died alone and terrified in one of the bleakest parts of the country, and after the collapse of Shrien Dewani’s trial her family still has no answers

Anni Dewani, a young woman shot dead in Cape Town, has haunted South Africa for four years. After the collapse of the trial of her husband, Shrien Dewani, accused of masterminding her murder, she will continue to do so. Not only because she was young, beautiful and just married; not only because her heartbroken, desperate parents have been taken into so many South African hearts; but also because the country, its police force and its justice system failed her so completely.
Anni and Shrien honeymooned in South Africa after an extravagant wedding in India in 2010. After going on safari they came to Cape Town and, on Saturday 13 November, went out for dinner. On their return their taxi was hijacked. The taxi driver, Zolo Tongo, and Shrien claimed they were forced out of the car and that the hijackers drove off with Anni. Her body was found in the abandoned vehicle at dawn the next day. She had been shot at close range in the neck.
Shrien was apparently a victim of the criminal violence that plagues South Africa. The police, goaded as they were by the press frenzy, were under huge pressure to find the killers because hijacking and murder are so commonplace, but there were anomalies from the start. Gugulethu, where the hijacking occurred, is notorious for its murder rate. Why would Tongo take them there at night? Shrien, allegedly forced through a window, did not have a scratch on him, and neither did Tongo.
Whispers of disbelief quickly began to swirl. Shrien looked less and less innocent as detectives and journalists picked apart the sequence of events described, and the statements he had made. The police, however, allowed him to return to England before the inconsistent aspects of the case – and his possible involvement in his wife’s murder – were properly investigated.
Tongo was soon arrested. He pleaded guilty to being party to the murder but, in return for a reduction of sentence, said he would tell the truth and claimed that Shrien had asked him to organise the killing. The hitmen, Mziwamadoda Qwabe and Xolile Mngeni, were subsequently arrested, tried and jailed. Monde Mbolombo, the receptionist at the luxury Cape Grace hotel where the Dewanis were staying, said that he had put Tongo in contact with the hitmen. In exchange for immunity from prosecution – now under review due to the case collapsing – he agreed to testify against Shrien.
The idea of hiring people to commit murder is not that shocking in South Africa. Firearms are cheap and easy to find, as are hitmen. In 2006 a young woman, Dina Rodrigues, went to a taxi rank in Cape Town and hired four strangers to murder the baby daughter of her boyfriend’s ex-girlfriend. She paid a similar amount to that which Tongo claimed Shrien paid.
It is notable that Anni’s murder took place just four months after South Africa had successfully hosted the football World Cup, when the country was under intense scrutiny because of its record of violent crime. This coloured the investigation from the start.
The then-commissioner of police, Bheki Cele, is reported to have said: “A monkey came all the way from London to have his wife murdered here. Shrien thought we South Africans were stupid.” There seemed to be a great sense of relief that responsibility for this awful murder, a public relations disaster for South Africa, lay elsewhere.
Shrien was charged and four years later returned to stand trial. Everyone seemed to have a view on his innocence or guilt. It was revealed early on that perfect wedding photographs masked Anni’s doubts about marrying Shrien. There were sensational revelations about Shrien’s bisexuality and his involvement, both online and offline, in sadomasochistic sex with male prostitutes. “At last,” people thought, “a clear motive!”
Shrien’s sexual orientation and sexual practices clearly indicated a double life. But when put forward by the lacklustre prosecution as the reason for the murder, the judge, Janet Traverso, ruled this testimony irrelevant and the state’s case unravelled rapidly. This may not have been a popular move, but prejudice about a gay lifestyle should not subvert the need for hard evidence.
During the trial it became apparent that the investigation had been botched, and that much of the police work had been shockingly incompetent: lost paperwork, incomplete statements and unreliable ballistics reports.
Traverso chastised the National Prosecuting Authority. “You have had four years to prepare,” she told them when she dismissed the case. The evidence of the main witnesses was “riddled with contradictions” and fell “far below the threshold” of what a reasonable court could convict on.
Anni’s family, the Hindochas, have said that they – and by implication Anni – have been failed by South Africa’s justice system. They are right. Their daughter came here on her honeymoon and died alone and terrified in one of the bleakest parts of the country. Her grieving relatives have sought answers, as have South Africans.
In a country with such high levels of violence, there are so many who have failed to receive a robust investigation followed by the satisfaction of justice. As the Hindochas stood tearfully outside the courtroom after the verdict, there would have been so many South Africans sharing the family’s anguish at not knowing how or why a loved one died.

Monday 27 May 2013

Coming soon: invasion of the marauding nymphomaniacs


Thanks to 'female Viagra' and government regulation, we women can enjoy sex again – just hopefully not too much
450 naked women prepare to be photoed by artist Spencer Tunick in New York's  Grand Central Terminal
'People like sex. Sex is sexy.' Photograph: Jennifer Szymaszek/AP
We are standing on the brink of the breakdown of society. A world in which the economy grinds to a halt. Schools stand empty; there are no teachers left and the dinner ladies have found something better to do. Hospitals career towards crisis point as nurses become the uniformed sex-crazed bunnies that porn has long suspected them to be. This is the land of the marauding nymphomaniacs – hypersexed women who are hardly able to walk straight, never mind function as citizens.
This is the risk potentially posed by Lybrido, the female arousal drug (or "female Viagra"), according to some "experts" who are worried that this drug won't get past the regulators unless there are assurances that it won't lead to women becoming raptorial sex beasts. Women should like more sex, but not too much.
Of course this is another pharmaceutical attempt to cure social ills with a pill. A lower libido in both men and women may well have more to do with that screaming baby in the next room or the pending redundancy at work than anything physiological. But dealing with individuals' psychology or social circumstances is boring and hard and complex while pharmaceutical marketing is fun and easy and quick.
And this involves SEX. People like sex. Sex is sexy. Diarrhoea isn't sexy, lung disease isn't sexy and things that aren't sexy get less of our attention and investment. Female sexuality is even more dark and mysterious and feeds those odd social constructs that say women don't like sex as much as men do and therefore have to be "fixed", unless they do like sex as much as men do and so must be broken and are either mad, bad or wanton. Maybe women need a recommended daily fornication allowance.
Interestingly, the inspiration for the lady-horn enhancer was not a desire to create a louche legion of loose women, but came from one tragic man's way of getting over a broken heart. Dr Adrian Tuiten, head of the Dutch firm Emotional Brain, which developed the drug, was trying to understand why his long-term girlfriend dumped him in his 20s. Apparently "the breakup inspired a lifelong quest to comprehend female emotion through biochemistry and led to his career as a psychopharmacologist." (I'd suggest the desire to comprehend female emotion through biochemistry might actually be part of the reason for the break-up). The developers of this drug actually want it to promote monogamy, not instigate indiscriminate sex mania.
The trials completed so far on this drug have been exclusively with women in long-term, monogamous relationships where simply the spark has gone. However, increasingly evidence shows that for many women the cause of their sexual malaise appears to be monogamy itself. Evolutionary psychologists (or as I like to call them, Just So Story tellers) claim that it is innate biology that gives men a naturally higher sex drive. But ameta-analysis of studies by psychologists in 2010 shows little sex differences in the sexuality of men and women and where there were differences – such as rates of masturbation or pornography use – they were heavily influenced by culture and the gender equity of the social group studied.
It is almost impossible to separate female sexuality from culture. Depending on a variety of factors from the number of sexual partners you have had, how much flesh you show, whether you use contraception, how much you masturbate (because women do masturbate!), whether or not you "use" pornography (read it, watch it, look at it) and what kind of pornography it is ("it's a book, therefore erotica!") all variously determine whether you are a slut, whore, slag, prude, lesbian, harlot, prig or the veritable Mrs Grundy.
Society is as concerned by women who like sex as those who don't. Nymphomania was a form of mental illness or disease in the Victorian era with seemingly endless symptoms; masturbation, homosexuality, sexual dreams, or in one case the "lascivious leer of her eye and lips, the contortions of her mouth and tongue, the insanity of lust which disfigured [her]". This disease was variously "cured" with abstinence, vegetarianism, cold douches or more viciously with confinement to an asylum or even a form of female genital mutilation where the clitoris was removed.
The modern version is seemingly to attain that perfect balance between women enjoying sex more in their long-term, increasingly loveless, monogamous relationship through some kind of love potion and also resisting the ever-present lure of the strumpet within us. Only a heady combination of drugs, government regulation (through marriage, adultery laws, access to contraception) and overwhelming social pressures seem to be able to regulate female sexuality around the world. Who knows what would happen if we could discover and develop our own sexuality and properly understand how that changes and fluctuates over time and circumstance? Who knows what might have been achieved had people spent their energy on things other than regulating female sexuality? Perhaps everyone might be happier and hornier.

Friday 26 October 2012

Closed drug trials leave patients at risk and doctors in the dark

 

Drug companies can hide information about their drugs from doctors and patients, perfectly legally, with the help of regulators. We need proper legislation

We need muscular legislation to ensure that all information about all trials on all currently used drugs is made available to doctors
We need muscular legislation to ensure that all information about all trials on all currently used drugs is made available to doctors Photo: Alamy

This week, Daily Telegraph readers have been astonished by revelations about the incompetent regulation of implantable medical devices. This paper has clearly demonstrated that patients are put at risk, because of flawed and absent legislation. But many of these issues apply even more widely, to the regulation of all medicines, and at the core is a scandal that has been shamefully ignored by politicians.
 
The story is simple: drug companies can hide information about their drugs from doctors and patients, perfectly legally, with the help of regulators. While industry and politicians deny the existence of this problem, it is widely recognised within medical academia, and meticulously well-documented. The current best estimate is that half of all drug trials never get published.
 
The Government has spent an estimated £500 million stockpiling Tamiflu to help prevent pneumonia and death in case of an avian flu epidemic. But the manufacturer, Roche, continues to withhold vitally important information on trials of this drug from the universally respected Cochrane Library, which produces gold-standard summaries on medicines for doctors and patients. Nobody in the Department of Health or any regulator has raised a whisper about this, though Roche says it has made “full clinical study data available to health authorities around the world”.
 
In fact, while regulators should be helping to inform doctors, and protect patients, in reality they have conspired with companies to withhold information about trials. The European Medicines Agency, which now approves drugs for use in Britain, spent more than three years refusing to hand over information to Cochrane on Orlistat and Rimonabant, two widely used weight loss drugs. The agency’s excuses were so poor that the European Ombudsman made a finding of maladministration.
 
Even Nice, the National Institute for Health and Clinical Excellence, plays along with this game. Sometimes chunks of its summary documents on the benefits and risks of drugs are redacted, because data has only been shared by companies under unethical “confidentiality agreements”. The numbers are blacked out in the tables, to prevent doctors seeing the benefits from a drug in each trial; and even the names of the trials are blacked out, as if they were code names for Russian agents during the Cold War.
 
This is a perverse and bizarre situation to have arisen in medicine, where decisions are supposed to be based on evidence, and where lack of transparency can cost lives. Our weak regulations have been ignored, and if we don’t act quickly, the situation will soon get much worse. The European Medicines Agency’s sudden pledges of a new era of transparency are no use: it has a track record of breaking such promises. We need proper legislation, but the new Clinical Trials Directive, currently passing through the European Parliament, does nothing to improve things.

Are you glazing over at the mention of European directives? This is where it all went wrong. Sunlight is the best disinfectant, but these issues have been protected from public scrutiny by a wall of red tape, while the people we trust to manage these complex problems have failed us. Regulators have lacked ambition. Politicians have ignored the issue. Journalists have been scared off by lobbyists. Worst of all, the doctors in medical membership bodies, the Royal Colleges and the Societies, even the patient groups – many of them funded by industry – have let us all down.

This must change. We need muscular legislation to ensure that all information about all trials on all currently used drugs is made available to doctors. We need the members of patient groups and medical bodies to force their leaders to act. And we need EU medicines regulators to be held to public account, for the harm they have inflicted on us.

Ben Goldacre is a doctor and author of 'Bad Pharma’ (4th Estate 2012)

Tuesday 6 March 2012

The first politician to face charges over 2008 financial crisis


Former Icelandic prime minister Geir Haarde and lawyer Andri Arnason at his trial in Reykjavik
Former Icelandic prime minister Geir Haarde (right), and his lawyer Andri Arnason, appear at his trial in Reykjavik. Photograph: S Olafs/EPA
 
The former prime minister of Iceland has become the first politician in the world to stand trial over the 2008 financial crisis.

Geir Haarde, who was ousted after Iceland's three biggest banks collapsed and the country's economy went into meltdown, could be jailed for two years if found guilty of gross negligence in failing to prepare for the impending disaster. He denied the charges and claimed that "only in hindsight is it evident that not everything was as it should have been".

Haarde was instrumental in transforming Iceland from a fishing and whaling backwater into an international financial powerhouse before the credit crunch caused the economy to crash almost overnight.

The Icelandic parliament's "truth report" into the causes of the crisis that forced the country to borrow $10bn (£6.3bn) to prop up its economy, accused him of "gross negligence". He is also accused of failing to rein in the country's fast-growing banks, whose paper value before the crash had ballooned to 10 times the gross domestic product of the island state of 320,000 people. And he is alleged to have withheld information that indicated the state was headed for financial disaster.

The country's three biggest banks – Glitnir, Kaupthing and Landsbanki – went bust within weeks of each other after the collapse of Lehman Brothers in the US sparked the credit crunch in 2008.
"None of us realised at the time that there was something fishy within the banking system itself, as now appears to have been the case," Haarde told the court in the capital of Reykjavik on Monday. "I think it's illogical to think that I or anyone else in the government could have reduced the size of the
banks to a greater extent than was done at the time."

He is accused of failing to prevent the contagion from spreading to the UK by not insisting that Icelandic banks ringfence their overseas operations. The crisis sparked a diplomatic row with the UK as the demise of Landsbanki brought down its British internet banking arm, Icesave, leaving British councils, universities and hospitals more than £1bn out of pocket.

Gordon Brown, who was British prime minister at the time of the collapse, accused Haarde of "unacceptable" and illegal" behaviour over its failure to guarantee to reimburse UK customers of the bank. The British government stepped in to protect most savers, at a cost of £3.2bn but it is continuing to demand compensation from Iceland to cover the cost.

The crisis also led to the demise of Baugur, the British retail investor which owned stakes in House of Fraser, Debenhams and Woolworths.

Haarde, who led the right-leaning Independence party and was prime minister from 2006 to 2009, rejected all the charges as "political persecution" from the country's left-leaning government, and said he would be vindicated by the trial. He said Icelanders' interests were his "guiding light" and insisted that his conscience was clear.

The trial is expected to last until mid-March, with the court taking another four to six weeks to deliver its verdict.

Haarde has become the first person to ever stand trial at the country's Landsdómur criminal court, which was created in 1905 to hear charges brought against ministers. He was one of four former Icelandic ministers blamed by the "truth report" for causing the crisis, but parliament voted last year that he should be the only person to stand trial.

The others named in the report were the former finance minister Árni Mathiesen and former minister of commerce Björgvin Sigurdsson, and Davíd Oddsson, a former prime minister who was running the country's central bank at the time.