How the Light Gets In festival — my talk

My recent talk at the excel­lent How the Light Gets In philo­sophy fest­iv­al at Hay-on-Wye.  With cred­it and thanks to IAI TV and the staff of the Insti­tute of Art and Ideas, the organ­isers the event.

 

Fair trials in the UK courts? Anyone?

This art­icle in today’s Guard­i­an about the ongo­ing reper­cus­sions of the Mark Kennedy under­cov­er cop scan­dal earli­er this year piqued my interest.

Mark_KennedyIt appears that the Crown Pro­sec­u­tion Ser­vice (CPS) has sup­pressed key evid­ence about the all-too-appar­ent inno­cence of envir­on­ment­al pro­test­ers in the run-up to their tri­als.  In this case Mark Kennedy aka Stone, the police­man who for years infilt­rated protest groups across Europe, had cov­ertly recor­ded con­ver­sa­tions dur­ing the plan­ning ses­sions to break into Ratcliffe-on-Soar power station.

Kennedy offered to give evid­ence to prove that the unit he worked for at the time, the private and unac­count­able ACPO-run Nation­al Pub­lic Order Invest­ig­a­tions Unit (NPOIU), had witheld this key evid­ence.  It now appears that the police are claim­ing that they passed all the inform­a­tion on to the CPS, which then seems to have neg­lected  to hand it over to the pro­test­ers’ defence lawyers.

Keir_StarmerWhich makes it even more fas­cin­at­ing that in April this year the Dir­ect­or of Pub­lic Pro­sec­u­tions, fam­ous civil liber­ties QC Keir Starm­er no less, took the unpre­ced­en­ted step of encour­aging those same pro­test­ers to appeal against their con­vic­tions because of poten­tial “police” cover-ups.

It’s just amaz­ing, isn’t it, that when vital inform­a­tion can be kept safely under wraps these doughty crime-fight­ing agen­cies present a united front to the world?  But once someone shines a light into the slith­ery dark corners, they all scramble to avoid blame and leak against each other?

And yet this case is just the tip of a titan­ic leg­al ice­berg, where for years the police and the CPS have been in cahoots to cov­er up many cases of, at best, mis­com­mu­nic­a­tion, and at worst out­right lies about incom­pet­ence and poten­tially crim­in­al activity.

Ian_TomlinsonA couple of months ago George Mon­bi­ot provided an excel­lent sum­mary of recent “mis­state­ments” (a won­der­fully euphemist­ic neo­lo­gism) by the police over the last few years, includ­ing such blatant cases as the death of Ian Tom­lin­son dur­ing the Lon­don G20 protests two years ago, the ongo­ing News of the World phone hack­ing case, and the counter-ter­ror­ism style exe­cu­tion, sorry, shoot­ing of the entirely inno­cent Jean Charles de Menezes, to name but a few.

Mon­bi­ot also dwelt at length on the appalling case of Michael Doherty, a con­cerned fath­er who dis­covered that his 13 year-old daugh­ter was appar­ently being groomed by a pae­do­phile over the inter­net.  He took his con­cerns to the police, who brushed the issue aside.  When Doherty tried to push for a more informed and pro­act­ive response, he was the one who was snatched from his house in an early morn­ing raid and ended up in court, accused of abus­ive and angry phone calls to the sta­tion in a sworn state­ment by a mem­ber of the rel­ev­ant police force, sorry, ser­vice.

And that would have been that — he would have appar­ently been bang to rights on the word of a police sec­ret­ary — apart from the fact he had recor­ded all his phone calls to the police and kept metic­u­lous notes on the pro­gress of the case.  Only this evid­ence led to his right­ful acquittal.

As Mon­bi­ot rightly con­cludes, “justice is impossible if we can­not trust police forces to tell the truth”.

It appears that the notion of “cit­izen journ­al­ists” is just sooo 2006.  Now we all need to be not only journ­al­ists but also “cit­izen law­yers”, just in case we have to defend ourselves against poten­tial police lies.  Yet these are the very organ­isa­tions that are paid from the pub­lic purse to pro­tect civil soci­ety.  Is it any won­der that so many people have a grow­ing dis­trust of them and con­cerns about an encroach­ing, Stasi-like, police state?

This is all part of engrained, top-down Brit­ish cul­ture of secrecy that allows the amorph­ous “secur­ity ser­vices” to think they can get away with any­thing and everything if they make a force­ful enough pub­lic state­ment: black is white, tor­ture is “enhanced inter­rog­a­tion”, and war is peace (or at least a “peace­keep­ing” mis­sion in Libya.…).  Espe­cially if there is no mean­ing­ful over­sight.  We have entered the Orwellian world of NewSpeak.

But plus ca change, plus c’est la meme chose.  This all happened in the 1970s and 80s with the Irish com­munity, and also in the 1990s with the ter­rible mis­car­riage of justice around the Israeli embassy bomb­ing in 1994.  If you have the time, please do read the detailed case here: Down­load Israeli_Embassy_Case

We need to remem­ber our history.

The Israeli Embassy Two — a gross miscarriage of justice

Samar_Alami Jawad_Botmeh Over the last few years there have been a num­ber of egre­gious cases of police and state cov­er-ups in the UK around the deaths and wrong­ful pro­sec­u­tions of inno­cent people.

This brings to my mind the appalling mis­car­riage of justice that occurred in the 1990s when two Palestini­an stu­dents, a young woman called Samar Alami and a young man called Jawad Bot­meh, were both wrong­fully con­victed of con­spir­acy to bomb the Israeli embassy in Lon­don in July 1994. 

In this case a highly soph­ist­ic­ated car bomb as det­on­ated out­side the embassy.  Thank­fully nobody was killed, but a num­ber of people suffered minor injur­ies.   Alami and Bot­meh had con­nec­tions to Palestini­an polit­ic­al sup­port groups based in Lon­don at the time, many of whom were roun­ded up dur­ing the invest­ig­a­tion.  Bot­meh had naively helped out a shad­owy and nev­er-iden­ti­fied fig­ure called Reda Moghr­abi, who asked for assist­ance in buy­ing a second-hand car at auc­tion.  This was the car that was used in the explosion.

Why is this case an example of estab­lish­ment cov­er-up?  Well,  this was one of the cases that former MI5 officer Dav­id Shayler blew the whistle on dur­ing the 1990s.  He revealed the exist­ence of two rel­ev­ant doc­u­ments that should have been dis­closed to the defence but, for some unac­count­able reas­on, were not.

The first, an agent report from a cred­ible and trus­ted source, poin­ted to a non-Palestini­an group plan­ning the attack before it had even occurred.  This report was not acted upon by the MI5 officer respons­ible, who then tried to cov­er up her mis­take.  She was caught out, and there was a much-dis­cussed intern­al inquiry into the mat­ter with­in MI5’s G Branch (inter­na­tion­al ter­ror­ism) in late 1994.

But there was anoth­er doc­u­ment — one writ­ten by G9/1, the seni­or MI5 officer who over­saw the post-incid­ent invest­ig­a­tion.  His view was that Mossad, the extern­al Israeli intel­li­gence agency, had car­ried out a con­trolled explo­sion out­side its own embassy (the shad­owy and uniden­ti­fied Reda Moghr­abi being the poten­tially cru­cial miss­ing link) in order to acquire the long-deman­ded addi­tion­al secur­ity pro­tec­tion around Israeli interests in the UK, and also to shat­ter the Palestini­an sup­port net­works in Lon­don — a long-term object­ive of Mossad.

The gov­ern­ment at the time tried to dis­miss these dis­clos­ures.  How­ever, the much-missed Private Eye invest­ig­at­ive   journ­al­ist, Paul Foot, and the indefatig­able law­yer, Gareth Peirce, fol­lowed them up and pur­sued them tire­lessly through the media and the courts

And guess what?  It turns out that these two key doc­u­ments had indeed not been dis­closed to the leg­al defence team dur­ing the tri­al of Alami and Bot­meh — and not just by the hap­less spooks.  It emerged dur­ing the appeal hear­ing that no few­er than sev­en people from a vari­ety of police and intel­li­gence organ­isa­tions had failed to dis­close the rel­ev­ant doc­u­ment­a­tion to the defence.  This can­not be explained away as an inno­cent over­sight, a cock-up — it bears all the hall­marks of a delib­er­ate, sys­tem­ic estab­lish­ment cover-up.

All this rep­res­en­ted, at the very least, a need for a retri­al but also a pos­sible gross mis­car­riage of justice.  And yet, while acknow­ledging that these doc­u­ments did indeed exist dur­ing the appeal hear­ing and bey­ond, the presid­ing m’luds decided to ignore all case law and European law and let those two inno­cents rot in pris­on.  After all, it would be ter­ribly embar­rass­ing to vin­dic­ate the actions of an intel­li­gence whis­tleblower, would­n’t it?

As a res­ult, the poor pawns in this sick estab­lish­ment game, Jawad Bot­meh and Samar Alami, ended up serving their full sen­tences, des­pite the over­whelm­ing body of evid­ence prov­ing their inno­cence, and were finally released in 2008 and 2009 respectively.

For any­one inter­ested in the detailed hor­ror story behind this flag­rant mis­car­riage of justice, here is the rel­ev­ant chapter from my long-defunct book: Down­load The_Israeli_Embassy_Case

Guardian article: the role of the spies in the UK

Here’s the text of an art­icle I wrote for The Guard­i­an a while ago, where I sug­gest we need a fresh per­spect­ive and some clear think­ing on the role of the spies in the UK

Worth reit­er­at­ing, fol­low­ing the pre-empt­ive arrest of protesters: 

Mark_KennedyThe cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cov­er police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cov­er cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

Acpo_logoIt should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing seni­or police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. Acpo set up the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­ist­ic demo­crat­ic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

Climate_camp_and_policeThe core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

Can the product of bugs be used as court evidence in the UK?

Black_sheep?_textAn inter­est­ing story on Chan­nel 4 TV news today: four Lon­don police officers are being pro­sec­uted for beat­ing up Babar Ahmad in 2003 while arrest­ing him on sus­pi­cion of ter­ror­ism charges.  And it turns out that the key evid­ence for the pro­sec­u­tion comes not from Ahmad’s com­plaint, nor from pho­to­graphs of his injur­ies, but from the product of an eaves­drop­ping device, more com­monly known as a bug, planted in his home by the UK Secur­ity Ser­vice, MI5.

It’s inter­est­ing in itself that MI5 has released this inform­a­tion for court pro­ceed­ings against Met counter-ter­ror­ism officers.  I shall res­ist spec­u­lat­ing now, but shall be watch­ing devel­op­ments with interest.

But the point I want to make quickly today is about the use of inter­cept mater­i­al as leg­al evid­ence in UK courts.  This can poten­tially be cru­cial for law­yers when speak­ing to their cli­ents, journ­al­ists who wish to pro­tect their sources, polticial act­iv­ists, and those who simply wish to pro­tect their inher­ent right to pri­vacy as the encroach­ing elec­tron­ic sur­veil­lance state con­tin­ues to swell.

It can also be poten­tially use­ful inform­a­tion for MPs talk­ing to their con­stitu­ents.  Indeed, return­ing to the years-long case of Babar Ahmad, there was a media furore in 2008 when it was revealed that the Met had author­ised the bug­ging of his con­ver­sa­tions with his MP Sad­iq Khan dur­ing pris­on visits. 

And who was the com­mand­ing officer who author­ised this?  Step for­ward former Met Counter Ter­ror­ism supremo, Andy Hay­man, that much esteemed defend­er of Brit­ish civil liber­ties who recently sug­ges­ted “dawn raids” and “snatch squads ” be used against polit­ic­al activists.

Unlike most oth­er west­ern coun­tries, the UK does not allow the use of tele­phone inter­cept as evid­ence in a court of law.  As I’ve writ­ten before, it’s a hangover from the cold war spy­ing game.  MI5 has tra­di­tion­ally seen phone taps as a source of intel­li­gence, not evid­ence, des­pite the fact that much of their work is notion­ally more evid­en­tially based in the 21st cen­tury.  It also still remains a sub­ject of debate and a fiercely fought rear­gard action by the spies them­selves, who claim telecheck is a “sens­it­ive technique”. 

As if we don’t all know that our phones can be bugged.….

How­ever, eaves­drop­ping devices that are planted in your prop­erty — your home, your office, even your car — can indeed pro­duce evid­ence that can be used against you in a court of law.   All this requires a Home Office War­rant (HOW) to make it leg­al, but Home Sec­ret­ar­ies are tra­di­tion­ally reluct­ant to refuse a request in the interests of “nation­al secur­ity”.  Moreover, if the own­er of the prop­erty agrees to a bug, even without a HOW, they can be leg­ally used.  So if you live in ren­ted accom­mod­a­tion, befriend your landlord!

Not a lot of people know all that — but we should. 

How the Light Gets In — speaking in Hay-on-Wye, May 30 2011

How_the_light_gets_in_Banner I did two ses­sions at Hay-on-Wye philo­sophy and music fest­iv­al — How the Light gets In in May 2011.

The first was a debate called “An Age of Trans­par­ency” with neo-con­ser­vat­ive com­ment­at­or Douglas Mur­ray, and philo­soph­er Nigel Warburton.

The second was my talk about “Spies, Lies, and Life on the Run”.

Here’s a link to a video of my talk.

How_the_light_gets_in_banner

My article about the role of the spies, The Guardian, 24 January 2011

Annie_1_Heleen_Banner Here’s a link to my art­icle in The Guard­i­an today, explor­ing the con­fused roles of mod­ern Brit­ish spies, and look­ing at some ways to sort out the mess.  Both the police and the spooks seem to be hav­ing a bit of an iden­tity crisis at the moment…

 

Are envir­on­ment­al act­iv­ists really a spy­ing priority?

Rev­el­a­tions about police­men spy­ing on envir­on­ment­al act­iv­ists sug­gest we need a sense of per­spect­ive on threats to the nation.

The cas­cade of rev­el­a­tions about secret police­men, start­ing with PC Mark Kennedy/environmental act­iv­ist “Mark Stone”, has high­lighted the iden­tity crisis afflict­ing the Brit­ish secur­ity estab­lish­ment. Private under­cov­er police units are hav­ing their James Bond moment – cider shaken, not stirred – while MI5 has become ever more plod-like, yet without the accom­pa­ny­ing over­sight. How has this happened to our demo­cracy without any pub­lic debate?

From the late 19th cen­tury the Met­ro­pol­it­an Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intel­li­gence unit focus­ing on espi­on­age and polit­ic­al “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-ter­ror­ism sec­tions. Since then, MI5 has been eagerly build­ing its counter-ter­ror­ism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and anim­al rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously tar­nished. It also had a group of exper­i­enced under­cov­er cops – known then as the Spe­cial Duties Sec­tion – with time on their hands.

It should there­fore come as little sur­prise that Acpo, the private lim­ited com­pany com­pris­ing seni­or police officers across the coun­try, came up with the bril­liant idea of using this skill-set against UK “domest­ic extrem­ists”. Acpo set up the Nation­al Pub­lic Order Intel­li­gence Unit (NPOIU). This first focused primar­ily on anim­al rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able, Stasi-like unit was revealed it rightly caused an out­cry, espe­cially as the term “domest­ic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an indi­vidu­al’s pri­vacy because of their legit­im­ate polit­ic­al beliefs and act­iv­ism. So, plod has become increas­ingly spooky. What of the spooks?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-ter­ror­ism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on tri­al in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks are now allegedly doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 oper­ate out­side any real­ist­ic demo­crat­ic over­sight and con­trol. The remit of the intel­li­gence and secur­ity com­mit­tee in par­lia­ment only cov­ers the policy, admin­is­tra­tion and fin­ance of the spies. Since the com­mit­tee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role. The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­coni­an Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­ist­ic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “nation­al secur­ity”. But what does this mean?

The core idea should be safe­guard­ing the nation’s integ­rity. A group of well-mean­ing envir­on­ment­al pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sion­al ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sion­al IRA in the 70s-90s.

Once we under­stand the real threats, we as a nation can dis­cuss the steps to take to pro­tect ourselves; what meas­ures should be taken and what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­crat­ic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work with­in the law.

The spies and Libya — time to dust off their conscience

As I’ve men­tioned before, the former heads of UK intel­li­gence agen­cies have a charm­ing habit of speak­ing out in sup­port of the rule of law, civil liber­ties, pro­por­tion­al­ity and plain com­mon sense — but usu­ally only after they have retired. 

Per­haps at their leav­ing parties their con­sciences are extrac­ted from the secur­ity safe, dus­ted off and giv­en back  — along with the gold watch?

DearloveEven then, post-retire­ment, they might try to thrice-deny poten­tially world-chan­ging inform­a­tion, as Sir Richard Dear­love did when ques­tioned by the fear­less and fear­somely bright Silkie Carlo about the leaked Down­ing Street Memo at his recent speech at the Cam­bridge Uni­on.  (The links are in two parts, as the film had to be mirrored on You­tube — Dear­love claimed copy­right on the orgin­al Love Police film and had it taken down.)

And “out of con­text”, my left foot — he could poten­tially have saved mil­lions of lives in the Middle East if he’d gone pub­lic with his con­sidered pro­fes­sion­al opin­ion about the intel­li­gence facts being fit­ted around a pre­con­ceived war policy in the run-up to the inva­sion of Iraq.

Would­n’t it be lovely if these esteemed ser­vants of the state, replete with respect, status and hon­ours, could actu­ally take a stand while they are still in a pos­i­tion to influ­ence world events?

Eliza_Manningham_BullerMy former boss, Bar­on­ess Eliza Man­ning­ham-Buller, has been unusu­ally voci­fer­ous since her retire­ment in 2007 and elev­a­tion to the peer­age.  She used her maid­en speech to the House of Lords to object to the pro­posed plans to increase police deten­tion of ter­ror­ist sus­pects without charge from 28 to 42 days; she recently sug­ges­ted that the “war on ter­ror” is unwinnable and that we should, if pos­sible, nego­ti­ate with “Al Qaeda” (well, it worked with the Pro­vi­sion­al IRA); and that the “war on drugs” had been lost and the UK should treat recre­ation­al drug use as a health rather than a crim­in­al issue. She steals all my best lines.…

But cred­it where cred­it is due.  Des­pite the fact that she used the full power of the Brit­ish state to pur­sue ter­ror­ist sus­pects up until 2007 and invest­ig­ate drug bar­ons in the 1990s, she did appar­ently try to make a stand while en poste in the run-up to the Iraq War.  Last year she gave evid­ence to the Chil­cot Enquiry, stat­ing that she had offi­cially briefed the gov­ern­ment that an inva­sion of Iraq would increase the ter­ror­ist threat to the UK.

So it’s obvi­ous that once a UK Prime Min­is­ter has come over all Churchil­lian he tends to ignore the coun­sel of his chief spooks, as we’ve seen with both the Down­ing Street Memo the Chil­cot Enquiry. 

With that in mind, I’ve read with interest the recent press reports that the UK author­it­ies appar­ently knew about Col­on­el Gad­dafi retain­ing stock­piles of mus­tard gas and sar­in (des­pite the fact that the world was assured in 2004 that it was his renun­ci­ation of WMDs that allowed him back into the inter­na­tion­al dip­lo­mat­ic fold) . 

So the key ques­tion is surely: is this anoth­er erro­neous45 minutes from attack” moment, with Gad­dafi’s alleged stock­piles of WMD a per­fect scare­mon­ger­ing pre­text to push for a full-on régime change in Libya; or is this genu­ine, and we were all lied to about Gad­dafi’s destruc­tion of his WMD stock­piles for eco­nom­ic advant­age and fat, juicy oil contracts?

The Wall Street Journ­al recently ran an art­icle quot­ing the con­cern of “gov­ern­ment insiders” about Gad­dafi’s poten­tial future ter­ror­ism threat against the West, up to and includ­ing WMDs, should he cling on to power.  Well, yes, it would hardly be sur­pris­ing if he were now to be as mad as a wasp with his ex-new best bud­dies.  Des­pite the sor­did rap­proche­ment in the last dec­ade, he has been for much of his life an invet­er­ate enemy of the West and spon­sor of world­wide terrorism.

Rather than wait­ing for his “K” and his retire­ment, would it not be won­der­ful if the cur­rent head of MI5, Jonath­an Evans, could extract his con­science from that dusty secur­ity safe and make a use­ful and informed state­ment to shed some light on the mess that the Liby­an war is rap­idly becom­ing?  He could poten­tially change the course of world his­tory and save untold lives.

UK spies continue to lie about torture

Jonathan_EvansWhat a dif­fer­ence a year makes in the may­fly minds of the old media. 

In Feb­ru­ary 2010 The Guard­i­an’s res­id­ent spook watch­er, Richard Norton-Taylor, repor­ted that the serving head of MI5, Jonath­an Evans, had been forced in 2008 to con­fess to the cred­u­lous and com­pli­ant Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment that the spies had lied, yet again, about their com­pli­city in torture.

This con­fes­sion came shortly after the ISC had released its “author­it­at­ive” report about rendi­tion and tor­ture, assert­ing that there had been no such com­pli­city.  How did the ISC get this so utterly wrong?

It turns out that in 2006 Bar­on­ess Eliza Man­ning­ham-Buller, Evans’s pre­de­cessor in the MI5 hot-seat, had misled the ISC about MI5’s aware­ness of the use of tor­ture against ter­ror­ist sus­pects, par­tic­u­larly the hap­less Binyam Mohamed, whose case was wend­ing its way through the Brit­ish courts.  Bul­ly­ing-Man­ner (as she is known in the cor­ridors of power) appears to have been cov­er­ing up for her pre­de­cessor, Sir Steph­en Lander, who was quoted in The Tele­graph in March 2001 as say­ing “I blanche at some of the things I declined to tell the com­mit­tee [ISC] early on”.….

MusharrafBut Evans had to come clean to the ISC because of the Mohamed court case, and Norton-Taylor wrote, by the Grauny’s stand­ards, his fairly hard-hit­ting art­icle last year. 

Yes­ter­day, how­ever, he seems to be back-track­ing frantic­ally.  Fol­low­ing an inter­view by the BBC with former Pakistani Pres­id­ent Per­vez Mush­ar­raf appear­ing to con­firm that MI5 did indeed turn a blind eye to the use of tor­ture, Richard Norton-Taylor and oth­er mem­bers of our esteemed Fourth Estate are once again quot­ing Bar­on­ess Man­ning­ham-Buller­’s dicred­ited li(n)es to the ISC as gos­pel truth, and for­get­ing both the serving head of MI5’s unavoid­able con­fes­sion and the evid­ence from the Mohamed court case itself.

The ISC was put in place fol­low­ing the 1994 Intel­li­gence Ser­vices Act as a demo­crat­ic fig-leaf: it is not a fully-func­tion­ing, inde­pend­ent over­sight com­mit­tee, as it is only able to report on mat­ters of spy policy, fin­ance and admin­is­tra­tion.  It has no powers to invest­ig­ate prop­erly alleg­a­tions of crime, tor­ture or oper­a­tion­al incom­pet­ence, is unable to demand doc­u­ments or inter­view wit­nesses under oath, and is appoin­ted by and answer­able only to the Prime Min­is­ter.  It has been lied to by the spies and seni­or police time and time again — the very people it notion­ally over­sees.  As I have writ­ten before, the ISC has since its incep­tion failed to address many key intel­li­gence mat­ters of the day, instead spend­ing its time nit­pick­ing over details.

In the face of this utter lack of intel­li­gence account­ab­il­ity and trans­par­ency, is it any won­der that sites like Wikileaks have caught the pub­lic’s ima­gin­a­tion?  Wikileaks is an obvi­ous and neces­sary reac­tion to the endem­ic secrecy, gov­ern­ment­al back-scratch­ing and cov­er-ups that are not only wrong in prin­ciple in a notion­al demo­cracy, but have also res­ul­ted dir­ectly in illeg­al wars, tor­ture and the erosion of our tra­di­tion­al freedoms.

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!

Durham Union Society Talk, 16 February 2011

DUS_logo It’s a busy couple of months for talks, and I have the pleas­ure of speak­ing at the Durham Uni­on Soci­ety tomor­row night (16th February).

My talk will be focus­ing on the mod­ern role of intel­li­gence agen­cies, the war on ter­ror, what it’s like to be recruited to work as a spook, whis­tleblow­ing, Wikileaks, police states and civil liber­ties.  An eclect­ic mix.

The talk is open to all stu­dents, not just mem­bers of the Uni­on, so if you’re in the area and have the time, do come along!

Varsity newspaper interview, February 2011

The Secret Ser­vice: “A very Brit­ish mess”

Olivia Crel­lin inter­rog­ates Annie Machon on her life after MI5

by Olivia Crellin

Thursday 3rd Feb­ru­ary 2011

Annie Machon, former MI5 agent, is the image of glam­our and guts. Her blonde hair, of the bomb­shell vari­ety, frames a face that, far from being that of the reserved and stealthy spook, exudes energy, enthu­si­asm, and openness.

Andrew_Griffin_Varsity_Newspaper_2011Unlike her former part­ner, the whis­tleblower Dav­id Shayler, Machon seems to have emerged rel­at­ively unscathed from the years imme­di­ately fol­low­ing the couple’s attempts to reveal ser­i­ous MI5 blun­ders in 1996.

Now work­ing as a self-pro­fessed “author, media pun­dit, journ­al­ist, cam­paign­er and prom­in­ent pub­lic speak­er”, she has made a “new way of life” out of selling her­self, her past, and her story. And she’s doing a good job.

Machon, who stud­ied Clas­sics at Cam­bridge, is the most recent in a long line of fam­ous spies to have emerged from the Uni­ver­sity – most not­ably the Cam­bridge Spies who defec­ted to the Rus­si­ans dur­ing the Cold War.

Best known for her whistle-blow­ing on issues such as MI5’s alleged involve­ment in the attemp­ted assas­sin­a­tion on Gad­dafi, Machon is an oft-con­sul­ted expert on cur­rent affairs top­ics such as Wikileaks, the infilt­ra­tion of act­iv­ist groups, and the 9/11 Truth Move­ment, cri­tiquing what she sees as con­tem­por­ary society’s des­cent into a “police state”.

Com­ment­ing on the “very Brit­ish mess” that is the cur­rent UK Intel­li­gence Ser­vices, Machon’s answers to my ques­tions blend per­son­al anec­dote with hard-hit­ting asser­tions. She sounds con­vin­cing. Des­pite no longer hav­ing any insider inform­a­tion, she still has plenty to say.

Recruited dur­ing the “mar­gin­ally golden eth­ic­al era” of the 1990s, Machon’s exper­i­ence of MI5 was nev­er­the­less riddled with anti­qua­tion, con­fu­sion, insu­lar­ity and suffocation.

Draw­ing atten­tion to MI5 and MI6’s “cul­ture of just-fol­low-orders”, an eth­os that former head of MI5 Dame Stella Rim­ing­ton also acknow­ledged, Machon believes that the UK Intel­li­gence Ser­vices have, for a long time, been their own worst enemy.

Entrenched in unne­ces­sary laws, a “hangover” from the organisation’s counter-espi­on­age ori­gins, Machon states that until the spooks “open up a little bit to con­struct­ive cri­ti­cism from the oth­er side, so that [MI5] can get a bit of fresh air, they’re going to spir­al down into… tor­ture and things.”

While Machon asserts that there was no use of tor­ture in her time with the agency – it was con­sidered “counter-pro­duct­ive” and “uneth­ic­al” – she did hear some hor­ror stor­ies from the older boys’ exper­i­ence in North­ern Ire­land includ­ing one case con­cern­ing an agent, code­named Steak Knife, who was per­mit­ted to tor­ture and even kill his fel­low intel­li­gence officers in order to keep his cov­er in the “Nut­ting Squad” of the IRA – “A sick James Bond got­ten out of hand.”

Machon refers to these stor­ies as “a sort of petri dish of the abuses that we are see­ing now with the Muslim com­munity”. Just as the trend to tar­get one group of soci­ety returns, the use of tor­ture, as exper­i­enced in Ire­land, comes full circle. “It makes me shiver,” Machon tells me, “that people who were per­haps my friends, ideal­ist­ic twenty-somethings when I was an officer, who I might’ve had drinks with, had din­ner with, whatever, might be those people now.”

While there seems to be a “demo­crat­ic will” to get rid of “some of the more Dra­coni­an laws from under the last gov­ern­ment”, Machon believes that instances such as Mark Kennedy’s under­cov­er infilt­ra­tion of an act­iv­ist group demands soci­ety to take a closer look at the ways in which we pro­tect nation­al secur­ity. “Once you start erod­ing someone’s civil liber­ties on one front, it’ll cas­cade. That’s how Ger­many found itself in a Fas­cist state in the 1930s,” the former-spy asserts. “They didn’t wake up one morn­ing and Hitler was in power. It’s a very slip­pery slope.” This is why Machon, above all oth­er issues, is call­ing for an “adult debate” about the work­ings of Secret Intel­li­gence in a “mature democracy”.

One organ­iz­a­tion that Machon sees as con­trib­ut­ing to this debate is Wikileaks. Machon praised this form of new media, call­ing it “fant­ast­ic” as a “high-tech con­duit to enable whis­tleblowers” in con­trast to the “self-cen­sor­ship and fear” of the main­stream press, which blocks the flow of such inform­a­tion to the public.

Machon advised stu­dents at the Cam­bridge Uni­on to find altern­at­ive sources of inform­a­tion for their news, cit­ing coun­tries’ decept­ive use of false-flag ter­ror­ism. “I’m not say­ing that every major ter­ror­ist atro­city might be a dirty trick, but you have to keep that pos­sib­il­ity in the back of your mind,” she warned.

It’s all about a sort of breach of trust,” Machon con­cludes, which is “cor­ros­ive for a demo­cracy.” Wheth­er it’s an issue like 9/11, or the bail­ing out of the banks or the war in Iraq, Machon asserts that the erosion of civil liber­ties is finally for­cing soci­ety to “become demo­crat­ic­ally engaged again, which can­not be bad.”

In many ways Annie Machon is serving her coun­try as stealth­ily and determ­inedly as if she had nev­er left MI5. Tak­ing the “same sort of fun­da­ment­al drive to try and make a dif­fer­ence, to try and change things for the bet­ter,” into this new arena of her work, she hands me a red-and-black busi­ness card with her shades-tot­ing self on it and the phrase “Using Our Intel­li­gence” emblazoned on the front.

There’s always the debate,” she tells me cryptic­ally, “is it bet­ter to be inside the tent piss­ing out or out­side the tent piss­ing in?”

Cambridge Union Society, 28th January 2011

CUS_3Well I had a fab time revis­it­ing the old place last week to do a talk at the Uni­on Soci­ety — some­where I spent many happy hours, oh, aeons ago!

Many thanks to Rebecca and the rest of the team for organ­ising and host­ing the event, and to Silkie for set­ting the whole ball rolling.

It was a busy week­end.  The Fri­day even­ing began with an all-too-brief appear­ance at the first meet­ing of a new group, MI7 — can I say that, or is it a state secret? — organ­ised by Silkie and Charlie Veitch of the Love Police

CUS_1It was strange to go back to the Uni­on as a speak­er after so long and so many unusu­al exper­i­ences.  The audi­ence seemed to stay wide awake for my hour-long talk, and the ques­tions after­wards were inter­est­ing, lively and var­ied.  I was also encour­aged to see that ideas deemed to be “rad­ic­al” only a few years ago are now going mainstream.

The next day was taken up with inter­views for The Cam­bridge Stu­dent and Varsity stu­dent news­pa­pers, Sky 203 Chan­nel,  and a photo shoot with QH Pho­to­graphy for a gal­lery exhib­i­tion in Lon­don later this year.

The Cam­bridge Stu­dent journ­al­ists gamely allowed the inter­view to be film by Sky 203 — not the easi­est of scenarios.

Varsity” news­pa­per did a col­our­ful and intel­li­gent inter­view — thanks Olivia! — which was rap­idly fol­lowed on the news­pa­per web­site today with this puff piece about MI6

I can only assume that this is merely bal­anced news report­ing, espe­cially as the Mas­ter of Pem­broke Col­lege, Chair of the Trust­ee Board of the Uni­on Soci­ety, and former head of MI6, Sir Richard Dear­love, will be speak­ing at the Uni­on in a couple of weeks.…. 

Cambridge_1Cer­tainly an inter­est­ing juxtaposition!

The photo shoot was fun, and the res­ults will be appear­ing in Lon­don at the end of this year.  As you can see from the photo on the left, Huy takes a mean picture.

I also ran into Ryan J‑W Smith, who is in the pro­cess of com­plet­ing his intriguing film, 2Plus2Makes4.  Lim­ited private and fest­iv­al screen­ings are expec­ted this summer.

The film syn­op­sis asks some fun­da­ment­al questions:

How close are we to slid­ing into Orwell’s total­it­ari­an night­mare, ‘1984’? Con­tro­ver­sial, shock­ing, power­ful and hon­est — star­ring Tony Benn, Gore Vid­al, former MI5, CIA, FBI agents, Sen­at­ors, Pres­id­en­tial Nom­in­ees, etc.  A ‘Must-See’ fea­ture doc­u­ment­ary from award-win­ning film­maker, Ryan J‑W Smith. Smith’s pre­vi­ous films have received 16 Inter­na­tion­al Film Fest­iv­al Selec­tions, 5 ‘Best Film’ Nom­in­a­tions, and 4 ‘Best Film’ wins.”