AI damning 70-page report on Blair’s government

New Statesman, 27 Feb 06
A special Amnesty International Report Human Rights: a broken promise
reveals a shocking catalogue of erosion of liberties and downright abuse in the name of the war on terror, persecuting innocent people.

The language is stark: terror suspects are ‘effectively persecuted’ and held for years in a ‘Kafkaesque world’ on the basis of secret accusations, with ‘devastating consequences’ for them and their families. The conditions in Belmarsh Prison amount to “cruel, inhuman and degrading treatment”.
Kate Allen
, head of AI (UK) said:
For AI, Britain has always been a reliable reference point on HR. But now AI is turning its attention to the British government.” 

The Charge Sheet
- 4 pieces of anti-terror legislation have eroded civil liberties
- foreign terror suspects, held in prison without trial since Dec01, were subjected to inhuman & degrading treatment
- ‘control orders’ introduced to detain suspects under house arrest breach the right to a fair trial & undermine judiciary
- dangerously vague new offences of ‘indirect incitement’ and ‘glorification’ in the new Terror Bill, are open to abuse
- govt’s stand to allow evidence obtained by torture to be admitted in court has undermined international fight to outlaw torture
- ‘MOUs’ to deport suspects to countries know to practise torture are unacceptable
- concerns about CIA ‘rendition’ flights not adequately addressed by ministers
- Brit citizens in
Guantanamo not given due protection from abuse or reparation for their suffering
- inadequate investigation into alleged abuses by Brit troops in
Iraq
- Inquiries Act 2005 hands control over public inquiries to govt ministers.

The anti-terror laws introduced by the Blair govt since 2001 employ ‘broad & vague terms’  leaving ‘scope for political bias’ and making our justice system ‘neither fair, nor just nor lawful’.

The latest round of measures threatens to ‘undermine the rights of free expression, association, liberty and fair trial’, while much recent legislation has ‘compromised the role of judges against the torture and mistreatment of prisoners’. AI says that the UK govt by attempting to overturn the legal ban on the use of evidence obtained by torture, has gravely undermined the global campaign against torture of prisoners. 

The publication of the 70-page report was preceded by meetings of AI’s Sec Gen Irene Khan and UK director Kate Allen, with both the Home Sec (Clarke) and Foreign Sec (Straw).

Labour came into power in 1997, pledging to transform the HR culture. To this end, it introduced the Euro Convention on HR into UK law, passed the freedom of info bill and sought to introduce an ‘ethical’ foreign policy. But the present reality saw a total retreat after the 7/7 bombings from the HR ideals, as the report describes lapses page after page - from extraordinary rendition to the death of Charles de Menezes.
Blair even announced he would consider passing laws undermining his own HR Act.

AI says the new legislation in effect compromises the role of the courts. The ‘control orders’ give the Home Sec the power to detain suspects under house arrest on the evidence of intelligence services – bypassing the usual process of arrest, charge and trial. AI condemns these orders as summary justice.

AI warns against the Inquiries Act 2005 passed on the last day of parliamentary business before the general election. It gives de facto control of such inquiries to ministers which is “an attack against the rule of law and independence of the judiciary.” The govt will be able to set the terms of reference of inquiries. The new Act makes no distinction between those led by a lay chair such as Sir Budd’s inquiry into Blunkett’s affair and those headed by a judge like Lord Hutton into the Iraq war.

It also extends ministerial control even to full judicial inquiries. Ministers will even be able to dismiss members of an inquiry panel, impose restrictions on public access to the inquiry, and decide whether the report on the inquiry is published. Lord Saville, chair of the Bloody Sunday inquiry, said that he would not serve on the panel of any future inquiry under the new legislation. Justice Peter Cory, a  former Canadian Supreme Court judge said: “The Act would make a meaningful inquiry impossible… It really creates an intolerable ‘Alice in Wonderland’ situation.” 

AI says that the govt definition of the word ‘terrorism’ itself is subjective and ‘lends itself to abusive police practices’. AI also condemns the lack of precision in listed offences such as having ‘links’ with a member of an ‘international terrorist group’. The AI report describes ‘detention without trial’ as internment, and echoes the disturbing 1970s N Ireland policies. Britain is also breaking international law in Iraq, by association with the internment of some 14,000 people.

On extraordinary rendition (switching prisoners to countries that allow torture under interrogation) AI notes that Straw assured AI this month that renditions were taking place but has not denied renditions in the past.  AI is also opposed to the MOU being negotiated with Arab states (such as Libya, Jordan and Lebanon that allow torture) to allow deportation but there is way to monitor the process. Formal assurances can never guarantee freedom from abuse. Said Kate Allen: “What is to stop other governments to undertake the same deals with others?”
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What they said

UK Attorney General, Lord Goldsmith
In confronting terrorism, we are fighting for the safety of out citizens but also for preserving our democratic way of life, our right of freedom of expression and commitment to the rule of law

Blair on 23Feb06
There is no evidence of 200 flights for rendition… It is not the case that the US is returning people to countries for torture.
I have said why I think Guantanamo is an anomaly. It is important never to forget the context in which this has happened: the war in Afghanistan and the reason for that – the slaughter of 3000 innocent people on Sept 11.
[So killing more than 3000 Afghan innocents was in revenge?]
Today’s struggle in Iraq is the same struggle the world over: it is democracy versus terrorism and extremism. My response is to stand up for democracy, for liberty whether in Iraq or elsewhere.

Foreign Affairs Select Committee
The continued use of Guantanamo Bay as a detention centre outside all legal regimes diminishes the USA’s moral authority and hinders the effective pursuit of the war against terrorism. 

There are serious concerns over allegations the CIA used British airports and airspace to transport prisoners for interrogation and possible torture, in other countries. Ministers have a duty to make clear to the US that an extraordinary renditions to states where torture may be used is completely unacceptable. 

Attempts to sign MOUs with states like Algeria are legally questionable. Monitoring to check that deportees are not mistreated after their return may not be adequate. The UK has a responsibility to question abuses by US troops. The govt should condemn HR abuses by any of the forces present in Iraq.