The role of intelligence agencies within a democracy

I recently stumbled across this excel­lent art­icle in the Trin­id­ad Express, of all places.  It appears that the state of Trin­id­ad and Tobago is in the throes of debat­ing the legit­im­ate role of intel­li­gence agen­cies with­in a democracy.

Alana Wheel­er, a Ful­bright Schol­ar with a Mas­ters degree in Nation­al Secur­ity Stud­ies, con­trib­utes a clear and well-argued art­icle that gets to the heart of these issues; what is “nation­al secur­ity” and what is the best way to pro­tect a nation’s integ­rity with­in a leg­al, pro­por­tion­ate and demo­crat­ic framework?

If the demo­crat­ic move­ments with­in coun­tries like Tunisia, Egypt and Libya are allowed to coalesce organ­ic­ally and unhindered, no doubt this also be a key issue for their new con­sti­tu­tions — espe­cially after dec­ades of repres­sion and fear meted out by bru­tal securocrats.

So why the hell can­’t we have such an informed debate about these issues in the “mature demo­cra­cies” of UK or the USA?

Alleged Wikileaks source, Bradley Manning, faces the death penalty

Bradley_manningAlleged Wikileaks source US Private Brad­ley Man­ning is now charged with “aid­ing the enemy”, amongst a bewil­der­ing array of 22 new charges.  This is appar­ently a cap­it­al offence, although the US mil­it­ary has cosily said that they would­n’t push for this bar­bar­ic sentence.

So just life without the hope of parole then.….

Put­ting aide the minor ques­tion of wheth­er the USA should even be entitled to call itself a mod­ern demo­cracy when it still has the death pen­alty on its books, let’s just remind ourselves of what Man­ning is alleged to have revealed: the “Col­lat­er­al Murder” mil­it­ary shoot-up, where inno­cent chil­dren, civil­ians and journ­al­ists were gunned down by US forces in a par­tic­u­larly nasty snuff video game that was then delib­er­ately covered up by the Pentagon for years; many oth­er hein­ous war crimes and records of daily bru­tal­ity in Afgh­anistan and Iraq; and an “embar­rass de richesses” of dip­lo­mat­ic cables.

I think “embar­rass” is the key word here, on so many levels, and goes a long way to explain­ing the USA’s des­per­a­tion to des­troy Wikileaks founder, Juli­an Assange, by any means necessary.

But the phrase from the list of charges against the hap­less Man­ning that leaps out at me is “aid­ing the enemy”.  If — and it’s still a big leg­al if — Man­ning was indeed the source of all this cru­cial inform­a­tion, whom was he actu­ally aiding?

Inform­a­tion that has appeared on Wikileaks over the last few years has been eclect­ic, inter­na­tion­al and very much in the pub­lic interest.  It’s covered such nas­ties as Trafigura, the BNP, Sci­ento­logy, Cli­mateg­ate, Guantanamo, the Aus­trali­an inter­net black­list, Sarah Pal­in, and much more.

It’s cer­tainly not just restric­ted to the inform­a­tion that hit the head­lines last year about the US hege­mony.  How­ever, there is no doubt that it was the release of the Afghan, Iraq and dip­lo­mat­ic files that stirred up this par­tic­u­larly unpleas­ant hor­nets’ nest.

As glob­al cit­izens I would sug­gest that we have every right to know what is done in our name. But, hav­ing said that, accord­ing to these new charges against poor Brad­ley Man­ning, the bene­fi­ciar­ies of Wikileaks — ie all of us —  have now become the enemy.

When did we, the people, the glob­al cit­izenry, become the enemy?  It seems that our esteemed rulers are at last show­ing their true colours.…

On that note, do have a look at this video of former MI6 chief, Sir Richard Dear­love, speak­ing recently at the Cam­bridge Uni­on Soci­ety.  An inter­est­ing per­spect­ive on the Brit­ish Estab­lish­ment’s line on Wikileaks and Juli­an Assange:

BBC article: could 7/7 have been prevented?

Peter Taylor, a respec­ted journ­al­ist at the BBC, argues that if there had been more coöper­a­tion between MI5 and region­al police Spe­cial Branches, then the 7/7 bomb­ings in Lon­don in 2005 could have been pre­ven­ted.  His thes­is appears to be that MI5 did not work closely enough with the police (the exec­ut­ive branch) of the UK’s intel­li­gence com­munity: the aptly-named Oper­a­tion Crevice has exposed the cracks in the uni­fied pub­lic façade of the UK intel­li­gence community.

How­ever, Taylor assures us that this prob­lem is in the past, with MI5 officers and Spe­cial Branch police now hap­pily work­ing side by side in region­al offices across the UK.  So that’s OK then.

It con­tin­ues to sur­prise me that seasoned Brit­ish journ­al­ists repeatedly fall into the post‑9/11 group-think of the USA — that ter­ror­ism is a new phe­nomen­on.  Rather start­lingly, Taylor’s art­icle even asserts that the FBI had the Crevice inform­a­tion in real-time, while the West Yorks SB was left in the dark.

Those in the UK with a memory longer than a may­fly’s will be aware that this coun­try endured 30 years of Irish Repub­lic­an ter­ror­ism, and dur­ing the 1990s MI5 had lead respons­ib­il­ity for invest­ig­at­ing this threat.  So from 1993 the spooks did indeed work side-by-side with their region­al SB counter-parts across the coun­try.  Dur­ing this peri­od the emphas­is was on gath­er­ing both intel­li­gence to pre-empt­ively thwart ter­ror­ist plots and also evid­ence to use in the ensu­ing court cases.  And there were some not­able successes.

So what changed in the fol­low­ing dec­ade?  Did the spooks retreat back behind the bar­ri­cades of their Lon­don HQ, Thames House, as the ink dried on the Good Fri­day Agree­ment?  Were the hard-won les­sons of the 1990s so quickly forgotten?

Well, cer­tainly oth­er les­sons from the civil war in Nort­ern Ire­land appear to have been expunged from the col­lect­ive intel­li­gence memory.  For example, the use of tor­ture, mil­it­ary tribunals, intern­ment and curfews were all used extens­ively in the early years of the NI con­flict and all were spec­tac­u­larly counter-pro­duct­ive, act­ing as a recruit­ing ground for new gen­er­a­tions of ter­ror­ists.  Yet these prac­tices now once again appear to be impli­citly con­doned by MI5 and MI6 in the USA’s bru­tal “war on terror”.

So one would hope that this new BBC pro­gramme calls for a reapprais­al of our intel­li­gence infra­struc­ture.  Why should we mind­lessly con­tin­ue to accept the status quo, when this res­ults in les­sons being for­got­ten and mis­takes being repeated?  How about the BBC call­ing for a root and branch review of the threats the UK real­ist­ic­ally faces, and the most efeect­ive way to guard against them, while work­ing with­in the demo­crat­ic process?

 

 

Cambridge Union Society Talk on PSTV, January 2011

Paradigm Shift TV (Sky 201 and 203)  pro­duced this film of my talk at the Cam­bridge Uni­on Soci­ety in Janu­ary 2011:


With thanks to Keith and Steve!

Law Enforcement Against Prohibition (LEAP)

LEAP_logo

Law Enforce­ment Against Pro­hib­i­tion (LEAP).

Pro­hib­i­tion has nev­er worked, as proven through­out history. 

Around the world many judges, law­yers, officers from the police, cus­toms, and intel­li­gence organ­isa­tions, as well as many oth­er experts, are chal­len­ging the failed concept of the “war on drugs”.   This policy, in place for dec­ades now in many coun­tries des­pite its mani­fest, abject and repeated fail­ure, crim­in­al­ises great swathes of our pop­u­la­tions, causes health prob­lems, social prob­lems and untold suf­fer­ing, and funds organ­ised crime and ter­ror­ist groups, rather than provid­ing poten­tially enorm­ous tax rev­en­ue to the state. 

It is time for a mature, calm debate about the issue, rather than hys­ter­ic­al, tabloid headlines.

I am hon­oured to be one of this group speak­ing out.


 

LEAP State­ment of Principles

1. LEAP does not pro­mote the use of drugs and is deeply con­cerned about the extent of drug abuse world­wide. LEAP is also deeply con­cerned with the destruct­ive impact of viol­ent drug gangs and car­tels every­where in the world. Neither prob­lem is remedied by the cur­rent policy of drug pro­hib­i­tion. Indeed, drug abuse and gang viol­ence flour­ish in a drug pro­hib­i­tion envir­on­ment, just as they did dur­ing alco­hol prohibition.

2. LEAP advoc­ates the elim­in­a­tion of the policy of drug pro­hib­i­tion and the inaug­ur­a­tion of a replace­ment policy of drug con­trol and reg­u­la­tion, includ­ing reg­u­la­tions impos­ing appro­pri­ate age restric­tions on drug sales and use, just as there are age restric­tions on mar­riage, sign­ing con­tracts, alco­hol, tobacco, oper­at­ing vehicles and heavy equip­ment, vot­ing and so on.

3. LEAP believes that adult drug abuse is a health prob­lem and not a law-enforce­ment mat­ter, provided that the abuse does not harm oth­er people or the prop­erty of others.

4. LEAP believes that adult drug use, how­ever dan­ger­ous, is a mat­ter of per­son­al free­dom as long as it does not impinge on the free­dom or safety of others.

5. LEAP speak­ers come from a wide diver­gence of polit­ic­al thought and social con­science and recog­nize that in a post-pro­hib­i­tion world it will take time to strike a prop­er reg­u­lat­ory bal­ance, blend­ing private, pub­lic and med­ic­al mod­els to best con­trol and reg­u­late “illi­cit drugs.” LEAP speak­ers are free to advoc­ate their view of bet­ter post-pro­hib­i­tion stratagems without toe­ing a LEAP “party line.”

6. LEAP recog­nizes that even in a post-pro­hib­i­tion world, still, drugs can be dan­ger­ous and poten­tially addict­ive, requir­ing appro­pri­ate reg­u­la­tion and con­trol. Even in a free-mar­ket eco­nomy, reas­on­able reg­u­la­tion for the pur­poses of pub­lic health is a long-stand­ing, accep­ted prin­ciple. Such reg­u­la­tion must not allow cas­u­al, unfettered or indis­crim­in­ate drug sales.

7. LEAP believes that gov­ern­ment has a pub­lic health oblig­a­tion to accur­ately ascer­tain the risks asso­ci­ated with the use of each “illi­cit drug” and a duty to clearly com­mu­nic­ate that inform­a­tion to the pub­lic by means of labeling and warn­ings sim­il­ar to what is done regard­ing food, tobacco, alco­hol and medicine.

8. LEAP believes that an inor­din­ate num­ber of people have been mis­guidedly incar­cer­ated for viol­a­tion of zero-tol­er­ant, non­vi­ol­ent, con­sen­su­al “drug crimes.” The end of drug pro­hib­i­tion will allow those per­sons to be promptly released, to have their record of con­vic­tion expunged, and their civil rights com­pletely restored. How­ever, the repeal of drug pro­hib­i­tion does not imply the exon­er­a­tion from charges for con­nec­ted offenses, such as viol­ent crimes, gun crimes, theft, or driv­ing under the influ­ence of drugs. Fur­ther­more, LEAP believes that people using alco­hol or oth­er drugs must be held account­able for any mis­be­ha­vi­or, which harms oth­er people or prop­erty of oth­ers, while under the influ­ence of mind-alter­ing substances.

9. LEAP believes that per­sons suf­fer­ing from drug abuse afflic­tions and addic­tion, who want help, should be provided with a vari­ety of help, includ­ing drug treat­ment and drug main­ten­ance, even for unin­sured addicts. LEAP believes that with an end to drug pro­hib­i­tion and regained con­trol of crim­in­al justice expendit­ures, a frac­tion of those sav­ings would be more than suf­fi­cient to pay for expan­ded addic­tion services.

10. LEAP recog­nizes that dif­fer­ent “illi­cit drugs” pose dif­fer­ing risks of harm. As such, in a post-pro­hib­i­tion world, LEAP recog­nizes that an appro­pri­ate set of reg­u­la­tions and con­trol for one sub­stance may not be a suit­able or suf­fi­cient reg­u­la­tion and con­trol for anoth­er sub­stance. LEAP believes that the nation states of the world and vari­ous states with­in the United States must be giv­en the reg­u­lat­ory lat­it­ude to try new mod­els that wisely bal­ance the notions of free­dom over one’s own body with the need for com­mon sense reg­u­la­tion of drugs to reduce death, dis­ease, addic­tion and harm.

Drug_tax_revenue

 

 

RTTV interview — in defence of Wikileaks

On 6 Decem­ber I appeared on RTTV’s CrossTalk dis­cus­sion pro­gramme along­side whis­tleblow­ing UK ex-dip­lo­mat Carne Ross, to talk about the implic­a­tions of Wikileaks:

 

 

Remember, remember the 5th of November.…

Annie_on_Conviction_DayNovem­ber 5th has long had many levels of res­on­ance for me: Bon­fire Night of course, when I was a child — fire­works in the garden and burnt baked pota­toes from the fire; since the age of sev­en, cel­eb­rat­ing the birth­day of my old­est friend; and, since 2002, the memory of hav­ing to stand up in the wit­ness stand in an Old Bailey court room in Lon­don to give a mit­ig­a­tion plea at the tri­al of my former part­ner, see­ing his sen­tence reduced from the expec­ted thir­teen months to a “mere” six, and then hav­ing to deal for weeks with the media fall-out.  A strange mix of memories.

Dav­id Shayler endured a “Kafkaesque tri­al” in 2002 in the sense that he was not allowed to make a defence due to gov­ern­ment-imposed gag­ging orders, des­pite all the rel­ev­ant mater­i­al already hav­ing been widely pubished in the media.  The issues were summed up well in this New States­man art­icle from that time. 

But the cur­rent debate about con­trol orders used against so-called ter­ror­ist sus­pects — my emphas­is — adds a whole new dimen­sion to the notori­ous phrase.

This recent, excel­lent art­icle in The Guard­i­an by law­yer Mat­thew Ryder about con­trol orders sums it up.  How can you defend a cli­ent if you are not even allowed access to the inform­a­tion that has led to the ori­gin­al accusation?

The Lib­er­al Demo­crats, in the run-up to the Gen­er­al Elec­tion earli­er this year, pledged to do away with con­trol orders, as they are an affront to the Brit­ish mod­el of justice.  How­ever, MI5 is put­ting up a strong defence for their reten­tion, but then they would, would­n’t they? 

Much of the “secret” evid­ence that leads to a con­trol order appears to come from tele­phone inter­cept, but why on earth can this evid­ence not be revealed in a court of law?  It’s not like the notion of tele­phone bug­ging is a state secret these days, as I argued in The Guard­i­an way back in 2005.

BirmsixBear­ing all of the above in mind, do have a read of this inter­view with Paddy Hill, one of the vic­tims of the notori­ous wrong­ful con­vic­tions for the IRA Birm­ing­ham pub bomb­ings in 1974.  After being arres­ted, threatened, tor­tured and trau­mat­ised, he was forced to con­fess to a ter­rible crime he had not committed. 

As a res­ult, he had to endure six­teen years in pris­on before his inno­cence was con­firmed.  He is still suf­fer­ing the con­sequences, des­pite hav­ing found the strength to set up the “Mis­car­riages of Justice Organ­isa­tion” to help oth­er victims.

And then have a think about wheth­er we should blindly trust the word of the secur­ity forces and the police when they state that we have to give away yet more of our hard-won freedoms and rights in the name of the ever-shift­ing, ever-neb­u­lous “war on terror”. 

Do we really need to hold ter­ror­ist sus­pects in police cells for 28 days without charge?  Will we really con­tin­ue to allow the head of MI6 to get away with blithely assert­ing, unchal­lenged, that Brit­ish intel­li­gence does its very best not to “bene­fit” from inform­a­tion extrac­ted via unthink­able tor­ture, as former UK ambas­sad­or Craig Mur­ray so graph­ic­ally described in his blog on 29th October?

I’ve said it before, and I shall say it again: the Uni­ver­sal Declar­a­tion of Human Rights was put in place for a reas­on in 1948.  Let’s all draw a breath, and remem­ber, remember.….

 

Sir John Sawers, head of MI6, makes historic public appearance

For the first time in 100 years “C”, the head of the UK for­eign intel­li­gence ser­vice SIS (com­monly known as MI6) has gone public.

Former career dip­lo­mat Sir John Saw­ers (he of Speedo fame) yes­ter­day made a speech to the UK Soci­ety of Edit­ors in what appeared to be a pro­fes­sion­ally dip­lo­mat­ic rear-guard action in response to a num­ber of hot media top­ics at the moment.

Choos­ing both his audi­ence wisely and his words care­fully, he hit on three key areas:

Tor­ture: Leg­al cases are cur­rently going through UK courts on behalf of Brit­ish vic­tims of tor­ture, in which MI5 and MI6 intel­li­gence officers are alleged to have been com­pli­cit.  The Met­ro­pol­it­an Police are cur­rently invest­ig­at­ing a num­ber of cases.  Over the last week, a Brit­ish mil­it­ary train­ing manu­al on “enhanced” inter­rog­a­tion tech­niques has also been made pub­lic. How­ever, Saw­ers unblush­ingly states that MI6 abides by UK and inter­na­tion­al law and would nev­er get involved, even tan­gen­tially, in tor­ture cases.  In fact, he goes on to assert that the UK intel­li­gence agen­cies are train­ing the rest of the world in human rights in this regard.

 

 

Whis­tleblow­ing: In the week fol­low­ing the latest Wikileaks coup — the Iraq War Diar­ies, com­pris­ing nearly 400,000 doc­u­ments detail­ing the every­day hor­ror of life in occu­pied Iraq, includ­ing war crimes such as murder, rape and tor­ture com­mit­ted by both US and UK forces — Saw­ers states that secrecy is not a dirty word: the intel­li­gence agen­cies need to have the con­fid­ence that whis­tleblowers will not emerge to in order to guard agent and staff iden­tit­ies, as well as main­tain­ing the con­fid­ence of their inter­na­tion­al intel­li­gence part­ners that their (dirty?) secrets will remain, um, secret.  One pre­sumes he is advoc­at­ing against the expos­ure of war crimes and justice for the victims.

This, one also pre­sumes, is the jus­ti­fic­a­tion for US politi­cians who pro­pose cyber-attacks against Wikileaks and the declar­a­tion by some US polit­ic­al insiders that Juli­an Assange, spokes­man of the organ­isa­tion, should be treated as an unlaw­fully des­ig­nated “unlaw­ful com­batant”, sub­ject to the full rigour of extra-judi­cial US power, up to and includ­ing assassination. 

Spuri­ous media claims of unveri­fied “dam­age” are the hoary old chest­nuts always dragged out in whis­tleblower cases.  After Wikileaks released its Afghan War Blog in July, gov­ern­ment and intel­li­gence com­ment­at­ors made apo­ca­lyptic pre­dic­tions that the leak had put mil­it­ary and agent lives at risk.  US Defense Sec­ret­ary Robert Gates has since gone on the record to admit that this was simply not true. 

Dur­ing the Shayler whis­tleblow­ing case a dec­ade ago, the gov­ern­ment repeatedly tried to assert that agent lives had been put at risk, and yet the form­al judge­ment at the end of his tri­al stated that this was abso­lutely not the case.  And again, with the recent Wikileaks Iraq War Blog, gov­ern­ment sources are using the same old man­tra.  When will they real­ise that they can only cry wolf so many times and get away with it?  And when will the journ­al­ists regur­git­at­ing this spin wake up to the fact they are being played?

Account­ab­il­ity:  Saw­ers goes on to describe the mech­an­isms of account­ab­il­ity, such as they are.  He accur­ately states, as I have pre­vi­ously described ad nauseam, that under the 1994 Intel­li­gence Ser­vices Act, he is notion­ally respons­ible to his polit­ic­al “mas­ter”, the For­eign Sec­ret­ary, who has to clear in advance any leg­ally dubi­ous for­eign oper­a­tions (up to and includ­ing murder – the fabled “licence to kill” is not fic­tion, as you can see here).

The 1994 ISA also estab­lished the Prime Min­ister­’s Intel­li­gence and Secur­ity Com­mit­tee (ISC) in Par­lia­ment, which many com­ment­at­ors seem to believe offers mean­ing­ful over­sight of the spies.  How­ever, as I have detailed before, this is a mere fig leaf to real account­ab­il­ity: the ISC can only invest­ig­ate issues of policy, fin­ance and admin­is­tra­tion of the spy agen­cies.  Dis­clos­ures relat­ing to crime, oper­a­tion­al incom­pet­ence or involve­ment in tor­ture fall out­side its remit.

But what hap­pens if intel­li­gence officers decide to oper­ate bey­ond this frame­work? How would min­is­ters or the ISC ever know?  Oth­er spy mas­ters have suc­cess­fully lied to their polit­ic­al mas­ters in the past, after all.

Sir John has the gall to say that, if an oper­a­tion is not cleared by the For­eign Sec­ret­ary, it does not pro­ceed.  But what about the Gadaf­fi Plot way back in 1996, when MI6 was spon­sor­ing a group of Islam­ic extrem­ist ter­ror­ists in Libya to try to assas­sin­ate Col­on­el Gadaf­fi without, it has been asser­ted, the pri­or writ­ten approv­al of the then-For­eign sec­ret­ary, Tory politi­cian Mal­com Rif­kind?  This was repor­ted extens­ively, includ­ing in this art­icle by Mark Thomas in the New States­man. What hap­pens if rogue MI6 officers blithely side-step this notion­al account­ab­il­ity — because they can, because they know they will get away with it — because they have in the past?

MoS_August_97_QPlot_CredibleIn the interests of justice, UK and inter­na­tion­al law, and account­ab­il­ity, per­haps a new Conservative/Coalition gov­ern­ment should now reas­sess its approach to intel­li­gence whis­tleblowers gen­er­ally, and re-exam­ine this spe­cif­ic dis­clos­ure about Libya, which has been backed up by inter­na­tion­al intel­li­gence sources, both US and French, in order to achieve some sort of clos­ure for the inno­cent vic­tims in Libya of this MI6-fun­ded ter­ror­ist attack? And it is finally time to hold the per­pet­rat­ors to account — PT16, Richard Bart­lett, and PT16B, Dav­id Wat­son, who were the seni­or officers in MI6 respons­ible for the murder plot.

As civ­il­ised coun­tries, we need to rethink our approach to the issue of whis­tleblow­ing. Lies, spin,  pro­sec­u­tions and thug­gish threats of assas­sin­a­tion are beneath us as soci­et­ies that notion­ally adhere to the prin­ciples of demo­cracy.  If we can only real­ist­ic­ally hope that the actions of our gov­ern­ments, mil­it­ary forces, and intel­li­gence agen­cies are trans­par­ent and account­able via whis­tleblowers, then we need to ensure that these people are leg­ally pro­tec­ted and that their voices are heard clearly.

 

WikiLeaks Discussion Panel with Julian Assange, HAR NL 2009

Last year I had the hon­our to meet Juli­an Assange, the founder of the bril­liant whis­tleblower web­site, WikiLeaks, that has been caus­ing such a stir recently with the release of the decryp­ted US mil­it­ary film,  “Col­lat­er­al Murder”, and recently with the Afghan War Logs

I have noth­ing but respect for WikiLeaks — it shines a torch into the dark corners of cor­rupt gov­ern­ment and big busi­ness, and is the way for­ward in hold­ing these organ­isa­tions, which largely believe them­selves to be above the law, at least some­what to account. 

Juli­an was kind enough to invite me to take part in a pan­el dis­cus­sion with him at the Hack­ing at Ran­dom fest­iv­al in the Neth­er­lands last year.  The dis­cus­sion focused on whis­tleblow­ing and gov­ern­ment account­ab­il­ity.  Here’s the video:

The Secret Garden Party, UK 2010

SGP_2010 In July I was invited back to speak at the Secret Garden Party, a music, polit­ics, and arts fest­iv­al held annu­ally some­where, er, secret in the UK.

What a fab week­end.  I have a well-known anti­pathy to sleep­ing under can­vas, but this was an excel­lent fest­iv­al — and even the com­post loos were not too grim. 

Lis­ted as one of the “Star Acts” in the prin­ted fest­iv­al pro­gramme (I blush), I had the lux­ury of an hour and a half to speak in the première debate tent in the Rebels and Intel­lec­tu­als sec­tion of the fest­iv­al — The For­um — a concept that the organ­iser, Ben de Vere, prom­ises to trans­plant to Lon­don some­time in the near future.

Any­way, I ser­i­ously recom­mend put­ting this fest­iv­al in your diar­ies for next year, and keep an eye open for the spread of The Forum.….

Here’s the video:


 

Gestapo Past and Present

So last week I was on hol­i­day with my lovely Dutch­man in Cologne on the Rhine in Ger­many, a city steeped in his­tory and now chiefly fam­ous for its Goth­ic cathed­ral, widely reputed to be pretty much the last build­ing left stand­ing in the city at the end of WW2.  Eas­ily res­ist­ing both this reli­gious hot­spot and, with slightly more dif­fi­culty, the  siren calls of the brauerei, we decided on a bit of cul­ture, some museums and a stroll along the river. 

How­ever, it turns out that not one but two build­ings had sur­vived WW2 in their entirety.  Tucked away on a back­street, we found the second sur­viv­or: the Gestapo HQ, which had been pre­served as it was found at the end of the war to serve as a ghastly warn­ing to history. 

Gestapo_HQ2Well, as someone who reg­u­larly speaks at con­fer­ences across the world about human rights, total­it­ari­an­ism and encroach­ing police states, I felt I had to have a look.  The build­ing is a non­des­cript office block that looks per­fectly inno­cent from the out­side.  Three floors are open to the pub­lic.  On the first is the museum, with the his­tory of the rise to power of the Nazis.  It was hideously fas­cin­at­ing to read how freedoms and rights were incre­ment­ally eroded as the state slipped ever more from demo­cracy.  The major­ity of the Ger­man people went sleep-walk­ing into nation­al social­ism.  As soon as Hitler had any sort of polit­ic­al power his attack-dogs, the SS, used dis­pro­por­tion­ate, sud­den, and shock­ing viol­ence against Ger­many’s own cit­izens to crush any nas­cent res­ist­ance.  So from 1933 onwards the pop­u­la­tion was ter­ror­ised, as “undesir­ables” were routinely snatched from their homes for ques­tion­ing, tor­ture and imprisonment. 

Gestapo_HQ_Annie_2And the pro­pa­ganda in the media that was on dis­play.….  Shall I just say, even more unsubtle than that which is used against us today.  I sup­pose these dark arts have developed over the inter­ven­ing years.

MischaBut it was the lower floors that packed the strongest punch.  The base­ment, just below street level, held the cells — tiny, dank spaces where as many as 30 people had been her­ded togeth­er.  And the walls are covered in graf­fiti in all the lan­guages of Europe — sad, des­per­ate mes­sages to the future from people who were “dis­ap­peared”. They seemed to want to leave a record of the fact simply that they had exis­ted: they had loved, they missed their fam­il­ies, they were try­ing to hold their heads high des­pite the agon­ies inflic­ted daily, they were inno­cent, they were about to die.…..

Hold_your_head_highThere was one more level — the rein­forced rat hole deep under­ground, which served both as the air-raid shel­ter for the Gestapo officers (the pris­on­ers were left upstairs in their cells dur­ing the raids), and as the tor­ture rooms.  Con­sid­er­ately, the Gestapo car­ried out their most bru­tal inter­rog­a­tions under­ground, so that the screams could not be heard at street level.

As we emerged, some­what silent, from this museum, I noticed that we, and many oth­er vis­it­ors, all turned to stare at this build­ing: it looked so bland and innoc­u­ous from the out­side.  But then people would inspect the base­ment win­dows that hid the cells.  The smokers in the group all sparked up as soon as they were out­side, drag­ging hard on their cigar­ettes.  Oth­ers just stood silently. 

So the museum does its job.  It is a power­ful warn­ing from the grave.  Homo hom­ini lupus: man is wolf to man, ever has been and ever will be, absent adequate leg­al restraint.  This is why the Uni­ver­sal Declar­a­tion of Human Rights was put in place in 1948, to pre­vent such atro­cit­ies from hap­pen­ing again.

Yet, at the risk of sound­ing sen­ten­tious, such abuse is going on around the world right now, par­tic­u­larly in the cause of the end­less, neb­u­lous “war on ter­ror”.  We have been lazy, blind and fool­ish, let­ting our basic rights slide away.  People are dis­ap­peared, extraordin­ar­ily rendered, to for­eign pris­ons and tor­tured for years.  Assas­sin­a­tion lists have been drawn up by US intel­li­gence agen­cies; sus­pects face kangaroo, mil­it­ary-style courtrooms, where they face the death pen­alty but are not allowed to know the full case against them; our gov­ern­ments aggress­ively, illeg­ally, invade oth­er coun­tries, and yet the politi­cians who lie to take us into these wars, thereby caus­ing the need­less death, pois­on­ing, maim­ing and dis­place­ment of mil­lions of people, are not called to account for their crimes, as they should be under the Nurem­berg Prin­ciples, the Rome Stat­ute, and the Inter­na­tion­al Crim­in­al Court.

We, the cit­izens of still just-about-func­tion­ing demo­cra­cies, should be ashamed.  We need to re-remem­ber our his­tory and take a stand — before it’s too late.

Protest_and Resist

Talking about totalitarianism at ETH‑0, January 2010

ETH-0_PosterIn Janu­ary I had the pleas­ure of speak­ing in The Neth­er­lands at the excel­lent geek­fest known as ETH‑0.  Rather than just banging on about the spooks, I thought it was time to take a step back and exam­ine what exactly we mean when we talk about total­it­ari­an­ism, police states, and how far down the road our coun­tries have gone.

I also wanted to drive home to an audi­ence, many of whom are too young to remem­ber the Cold War, what exactly it would be like to live under a police state with its endem­ic surveillance. 

And here’s the talk:

The Case of Gary McKinnon

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600-thumbI’ve been fol­low­ing the extraordin­ary case of Gary McKin­non for years now in a long range kind of way, but we are now in the final throes of his pro­longed fight against extra­di­tion to the USA, and he needs all the sup­port we can give him.  The Daily Mail recently star­ted a cam­paign against his extra­di­tion:  it’s not often I agree with the Wail, but I’m whole­heartedly in favour of this initiative. 

For those of you who have been liv­ing in a bunker for the last 7 years, Gary McKin­non is the self-con­fessed geek who went look­ing for evid­ence of UFOs and ETs on some of Amer­ica’s most secret com­puter sys­tems at the Pentagon and NASA

And, when I say secret, obvi­ously I don’t mean in the sense of encryp­ted or pro­tec­ted.  The Yanks obvi­ously did­n’t feel that their nation­al defence war­rants even curs­ory pro­tec­tion, as Gary did­n’t have to hack his way in past mul­tiple lay­ers of pro­tec­tion.  Appar­ently the sys­tems did­n’t even have passwords.

Gary, who suf­fers from Asper­ger­’s Syn­drome, is no super hack­er.  Using a basic PC and a dial-up con­nec­tion in his bed­room, he man­aged to sneak a peek at the Pentagon com­puters, before kindly leav­ing a mes­sage that the US mil­it­ary might like to have a think about a little bit of basic inter­net secur­ity.   Hardly the work of a malig­nant, inter­na­tion­al cyber-terrorist.

UK police invest­ig­ated Gary soon after this epis­ode, way back in 2002.  All he faced, under the UK’s 1990 Com­puter Mis­use Act, would have been a bit of com­munity ser­vice if he’d been con­victed.  Even that was moot, as the Crown Pro­sec­u­tion Ser­vice decided not to prosecute.

And that, as they say, should have been that. 

How­ever, in 2003 the UK gov­ern­ment passed yet anoth­er dra­coni­an piece of law in response to the “war on ter­ror” — the Extra­di­tion Act.  Under this invi­di­ous, one-sided law, the US author­it­ies can demand the extra­di­tion to Amer­ica of any Brit­ish cit­izen, without present­ing any evid­ence of the crime for which they are wanted.  Need­less to say, this arrange­ment only works one way: if the Brits want to extra­dite a sus­pect from the US they still have to present prima facie evid­ence of a crime to an Amer­ic­an court.  The Act also enshrines the ques­tion­able European arrest war­rant sys­tem in Brit­ish law.

So how on earth did the half-wits in Par­lia­ment come to pass such an awful law?  Were they too busy tot­ting up their expense fiddles to notice that they were sign­ing away Brit­ish sov­er­eignty?  This law means that it is easi­er for a US court to get a Brit in the dock than it is for them to get a US cit­izen from anoth­er state.  In the lat­ter case, evid­ence is still also required.

Let’s get this straight.  The UK author­it­ies decided not to pro­sec­ute in this coun­try.  Even if they had, Gary would prob­ably have been sen­tenced to com­munity ser­vice.  How­ever, if he is extra­dited, he will get up to 70 years in a max­im­um secur­ity pris­on in the US.

So a year after Gary’s bed­room hack, and after the CPS had decided there was no case to answer, the US author­it­ies deman­ded Gary’s extra­di­tion ret­ro­act­ively.   The UK gov­ern­ment, rather than pro­tect­ing a Brit­ish cit­izen, basic­ally said “Yes, have him!”.  Gary has been fight­ing the case ever since.

Janis_SharpHe has not been alone.  Many people from across the polit­ic­al spec­trum see this uni­lat­er­al law as invi­di­ous.  And the gov­ern­ment reckoned without his mum.  Janis Sharp has fought vali­antly and indefatig­ably to pro­tect her son from this unjust extra­di­tion. She has lob­bied MPs, talked to news­pa­pers, gained the sup­port of many pub­lic and celebrity fig­ures.  She even recently met the PM’s wife, Sarah Brown, who was reportedly in tears for Gary.  Yet still the major­ity of the par­lia­ment­ary half-wits refuse to do anything. 

In fact, it gets worse.  Over the last few years many MPs have signed Early Day Motions sup­port­ing Gary’s fight against extra­di­tion.  But in a recent debate in the House of Com­mons about the need to revise the pro­vi­sions of the Extra­di­tion Act, 74 of these MPs betrayed him and voted for the gov­ern­ment to keep the Act in place.  Only 10 Labour MPs stuck to their guns and defied the party Whip.  One Labour MP, Andrew MacKin­ley, will stand down at the next elec­tion in protest at this hypocrisy.

This week is crunch time: on Fri­day a final judi­cial rul­ing will be made about the case.  It was the last throw of the leg­al dice for Gary.  If this fails, he will have to rely on polit­ic­al inter­ven­tion, which is pos­sible, to pre­vent his harm­ful, unjust and unne­ces­sary extra­di­tion to the USA.  Please vis­it the Free Gary web­site and do all you can in support.