UK spies get a B+ for intrusive surveillance in 2010

Black_sheep?The quan­go­crats charged with over­see­ing the leg­al­ity of the work of the UK spies have each pro­duced their undoubt­ably author­it­at­ive reports for 2010. 

Sir Paul Kennedy, the com­mis­sion­er respons­ible for over­see­ing the inter­cep­tion of com­mu­nic­a­tions, and Sir Peter Gib­son, the intel­li­gence ser­vices com­mis­sion­er, both pub­lished their reports last week. 

Gib­son has, of course, hon­our­ably now stood down from his 5‑year over­sight of MI5, MI6, and GCHQ in order to head up the inde­pend­ent enquiry into spy com­pli­city in torture. 

And both the reports say, nat­ur­ally, that it’s all hunky-dorey.  Yes, there were a few mis­takes (well, admis­trat­ive errors — 1061 over the last year), but the com­mis­sion­ers are con­fid­ent that these were neither malign in intent nor an indic­a­tion of insti­tu­tion­al failings. 

So it appears that the UK spies gained a B+ for their sur­veil­lance work last year.

Both com­mis­sion­ers pad out their reports with long-win­ded descrip­tions of what pre­cisely their role is, what powers they have, and the full, frank and open access they had to the intel­li­gence officers in the key agencies. 

They seem sub­limely unaware that when they vis­it the spy agen­cies, they are only giv­en access to the staff that the agen­cies are happy for them to meet — intel­li­gence officers pushed into the room, primped out in their party best and scrubbed behind the ears — to tell them what they want to hear. 

Any intel­li­gence officers who might have con­cerns have, in the past, been rig­or­ously banned from meet­ing those charged with hold­ing the spies to demo­crat­ic account.….

.…which is not much dif­fer­ent from the over­sight mod­el employed when gov­ern­ment min­is­ters, the notion­al polit­ic­al mas­ters of MI6, MI6 and GCHQ, sign off on bug­ging war­rants that allow the aggress­ive invest­ig­a­tion of tar­gets (ie their phones, their homes or cars, or fol­low them around).  Then the min­is­ters are only giv­en a sum­mary of a sum­mary of a sum­mary, an applic­a­tion that has been titrated through many mana­geri­al, leg­al and civil ser­vice fil­ters before land­ing on their desks. 

So, how on earth are these min­is­ters able to make a true eval­u­ation of the worth of such an applic­a­tion to bug someone? 

They just have to trust what the spies tell them — as do the commissioners. 

UK Intelligence and Security Committee to be reformed?

The Guard­i­an’s spook com­ment­at­or extraordin­aire, Richard Norton-Taylor, has repor­ted that the cur­rent chair of the Intel­li­gence and Secur­ity Com­mit­tee (ISC) in the UK Par­lia­ment, Sir Mal­colm Rif­kind, wants the com­mit­tee to finally grow a pair.  Well, those wer­en’t quite the words used in the Grauny, but they cer­tainly cap­ture the gist.

If Rif­kind’s stated inten­tions are real­ised, the new-look ISC might well provide real, mean­ing­ful and demo­crat­ic over­sight for the first time in the 100-year his­tory of  the three key UK spy agen­cies — MI5, MI6, and GCHQ, not to men­tion the defence intel­li­gence staff, the joint intel­li­gence com­mit­tee and the new Nation­al Secur­ity Council .

FigleafFor many long years I have been dis­cuss­ing the woe­ful lack of real demo­crat­ic over­sight for the UK spies.  The privately-con­vened ISC, the demo­crat­ic fig-leaf estab­lished under the aegis of the 1994 Intel­li­gence Ser­vices Act (ISA), is appoin­ted by and answer­able only to the Prime Min­is­ter, with a remit only to look at fin­ance, policy and admin­is­tra­tion, and without the power to demand doc­u­ments or to cross-exam­ine wit­nesses under oath.  Its annu­al reports are always heav­ily redac­ted and have become a joke amongst journalists.

When the remit of the ISC was being drawn up in the early 1990s, the spooks were apo­plect­ic that Par­lia­ment should have any form of over­sight what­so­ever.  From their per­spect­ive, it was bad enough at that point that the agen­cies were put on a leg­al foot­ing for the first time.  Spy think­ing then ran pretty much along the lines of “why on earth should they be answer­able to a bunch of here-today, gone-tomor­row politi­cians, who were leaky as hell and gos­siped to journ­al­ists all the time”?

So it says a great deal that the spooks breathed a huge, col­lect­ive sigh of relief when the ISC remit was finally enshrined in law in 1994.  They really had noth­ing to worry about.  I remem­ber, I was there at the time.

This has been borne out over the last 17 years.  Time and again the spies have got away with telling bare­faced lies to the ISC.  Or at the very least being “eco­nom­ic­al with the truth”, to use one of their favour­ite phrases.  Former DG of MI5, Sir Steph­en Lander, has pub­licly said that “I blanche at some of the things I declined to tell the com­mit­tee [ISC] early on…”.  Not to men­tion the out­right lies told to the ISC over the years about issues like whis­tleblower testi­mony, tor­ture, and counter-ter­ror­ism meas­ures.

But these new devel­op­ments became yet more fas­cin­at­ing to me when I read that the cur­rent Chair of the ISC pro­pos­ing these reforms is no less than Sir Mal­colm Rif­kind, crusty Tory grandee and former Con­ser­vat­ive For­eign Min­is­ter in the mid-1990s.

For Sir Mal­colm was the For­eign Sec­ret­ary notion­ally in charge of MI6 when the intel­li­gence officers, PT16 and PT16/B, hatched the ill-judged Gad­dafi Plot when MI6 fun­ded a rag-tag group of Islam­ic extrem­ist ter­ror­ists in Libya to assas­sin­ate the Col­on­el, the key dis­clos­ure made by Dav­id Shayler when he blew the whistle way back in the late 1990s.

Obvi­ously this assas­sin­a­tion attempt was highly reck­less in a very volat­ile part of the world; obvi­ously it was uneth­ic­al, and many inno­cent people were murdered in the attack; and obvi­ously it failed, lead­ing to the shaky rap­proche­ment with Gad­dafi over the last dec­ade.  Yet now we are see­ing the use of sim­il­ar tac­tics in the cur­rent Liby­an war (this time more openly) with MI6 officers being sent to help the rebels in Benghazi and our gov­ern­ment openly and shame­lessly call­ing for régime change.

Malcolm_RifkindBut most import­antly from a leg­al per­spect­ive, in 1996 the “Gad­dafi Plot” MI6 appar­ently did not apply for pri­or writ­ten per­mis­sion from Rif­kind — which they were leg­ally obliged to do under the terms of the 1994 Intel­li­gence Ser­vices Act (the very act that also estab­lished the ISC).  This is the fabled, but real, “licence to kill” — Sec­tion 7 of the ISA — which provides immunity to MI6 officers for illeg­al acts com­mit­ted abroad, if they have the requis­ite min­is­teri­al permission.

At the time, Rif­kind pub­licly stated that he had not been approached by MI6 to sanc­tion the plot when the BBC Pan­or­ama pro­gramme con­duc­ted a spe­cial invest­ig­a­tion, screened on 7 August 1997.  Rif­kind’s state­ment was also repor­ted widely in the press over the years, includ­ing this New States­man art­icle by Mark Thomas in 2002.

That said, Rif­kind him­self wrote earli­er this year in The Tele­graph that help should now be giv­en to the Benghazi “rebels” — many of whom appear to be mem­bers of the very same group that tried to assas­sin­ate Gad­dafi with MI6’s help in 1996 — up to and includ­ing the pro­vi­sion of arms.  Rif­kind’s view of the leg­al­it­ies now appear to be some­what more flex­ible, whatever his stated pos­i­tion was back in the 90s. 

Of course, then he was notion­ally in charge of MI6 and would have to take the rap for any polit­ic­al fall-out.  Now he can relax into the role of “quis cus­todiet ipsos cus­todes?”.  Such a relief.

I shall be watch­ing devel­op­ments around Rif­kind’s pro­posed reforms with interest.

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

Former head of MI6 says that fact and fiction get mixed up

Sir_john_Scarlett Former head of MI6, Sir John Scar­lett — he of the dodgy Septem­ber Dossier fame that led inex­or­ably to the UK’s inva­sion of Iraq in 2003 and the death, maim­ing, depleted-urani­um pois­on­ing and dis­place­ment of hun­dreds of thou­sands of people — has com­pla­cently stated dur­ing his recent talk at the Hay Lit­er­ary Fest­iv­al that:

One of the prob­lems of intel­li­gence work is that fact and fic­tion get very eas­ily mixed up.  A key les­son you have to learn very early on is you keep them separate.”

Well, no doubt many, many people might just wish he’d listened to his own advice way back in Septem­ber 2002.

Scar­lett is, of course, the seni­or UK spook who made the case for the Iraq war.  Here’s the link:  Down­load Iraq_WMD_Dossier

No doubt you will remem­ber the li(n)es: not only that Iraq’s non-exist­ent  “weapons of mass destruc­tion” could be launched with­in 45 minutes, but also that fake intel­li­gence doc­u­ments had per­suaded MI6 that Iraq was try­ing to buy urani­um from Niger , as Colin Pow­ell asser­ted dur­ing his per­suas­ive speech to the UN in 2003.

Scar­lett pub­licly took the rap and, by pro­tect­ing Tony Blair and Alastair Camp­bell, was rewar­ded with the top job at MI6 and the inev­it­able knight­hood.  No doubt a suit­able recog­ni­tion for his entirely hon­our­able behaviour.

But it gets worse — now he has appar­ently landed a luc­rat­ive job as an advisor on the situ­ation in Iraq work­ing for Nor­we­gi­an oil mega-cor­por­a­tion, Statoil.

You could­n’t make it up…

… or per­haps you could if you’re a former top spy with an undeserved “K” and a luc­rat­ive oil con­tract who has dif­fi­culty sep­ar­at­ing fact from fiction.…..

 

The Age of Transparency?

Black_sheep_text?Well, this is an inter­est­ing case in the US.  Thomas Drake, a former seni­or exec­ut­ive at the Amer­ic­an Nation­al Secur­ity Agency (NSA), the US elec­tron­ic eaves­drop­ping organ­isa­tion, is being charged under the 1917 US Espi­on­age Act for allegedly dis­clos­ing clas­si­fied inform­a­tion to a journ­al­ist about, gasp, the mis­man­age­ment, fin­an­cial waste and dubi­ous leg­al prac­tices of the spy­ing organ­isa­tion.  These days it might actu­ally be more news­worthy if the oppos­ite were to be disclosed.…

How­ever, under the terms of the Espi­on­age Act, this des­ig­nates him an enemy of the Amer­ic­an people on a par with bona fide trait­ors of the past who sold secrets to hos­tile powers dur­ing the Cold War.

It strikes me that someone who reports mal­prac­tice, mis­takes and under-per­form­ance on the part of his (secret­ive) employ­ers might pos­sibly be someone who still has the motiv­a­tion to try to make a dif­fer­ence, to do their best to pro­tect people and serve the genu­ine interests of the whole coun­try.  Should such people be pro­sec­uted or should they be pro­tec­ted with a leg­al chan­nel to disclosure? 

Thomas Drake does not sound like a spy who should be pro­sec­uted for espi­on­age under the USA’s anti­quated act, he sounds on the avail­able inform­a­tion like a whis­tleblower, pure and simple.  But that won’t neces­sar­ily save him leg­ally, and he is appar­ently facing dec­ades in pris­on.  Pres­id­ent Obama, who made such a song and dance about trans­par­ency and account­ab­il­ity dur­ing his elec­tion cam­paign, has an even more egre­gious track record than pre­vi­ous pres­id­ents for hunt­ing down whis­tleblowers — the new “insider threat”.

This, of course, chimes with the Brit­ish exper­i­ence.  So-called left-of-centre polit­ic­al can­did­ates get elec­ted on a plat­form of trans­par­ency, free­dom of inform­a­tion, and an eth­ic­al for­eign policy (think Blair as well as Obama), and promptly renege on all their cam­paign prom­ises once they grab the top job. 

In fact, I would sug­gest that the more pro­fessedly “lib­er­al” the  gov­ern­ment, the more it feels empowered to shred civil liber­ties.  If a right-wing gov­ern­ment were to attack basic demo­crat­ic freedoms in such a way, the offi­cial oppos­i­tion (Democrats/Labour Party/whatever) would be obliged to make a show of oppos­ing the meas­ures to keep their core voters sweet.  Once they’re in power, of course, they can do what they want.

One stark example of this occured dur­ing the passing of the Brit­ish Offi­cial Secrets Act (1989) which, as I’ve writ­ten before, was spe­cific­ally designed to gag whis­tleblowers and pen­al­ise journ­al­ists.  The old OSA (1911) was already in place to deal with real traitors.

And who voted against the passing of this act in 1989?  Yes, you’ve guessed it, all those who then went on to become Labour gov­ern­ment min­is­ters after the 1997 Labour elec­tion land­slide — Tony Blair, Jack Straw, the late Robin Cook and a scrum of oth­er rather for­get­table min­is­ters and Attor­ney Gen­er­als.….  And yet it was this very New Labour gov­ern­ment in the UK that most often used the OSA to halt the free-flow of inform­a­tion and the dis­clos­ures of informed whis­tleblowers.  Obama has indeed learnt well.

It’s an oldie but still a good­ie: as one of my law­yers once wryly told me, it does­n’t mat­ter whom you vote for, the gov­ern­ment still gets in.….

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

So wasn’t the royal wedding lovely?

Well, yes, for some per­haps, and no doubt for the happy couple.

How­ever, oth­ers spent the glor­i­ous day in a bare, con­crete police cell, pre-empt­ively arres­ted for what they might do and untrace­able to their loved ones and law­yers.  Effect­ively they were “dis­ap­peared”, taken off the streets in case they uttered some­thing that might mar the great day or, heav­en for­bid, caused some embarrassment.

A few days ago I wrote a piece high­light­ing my con­cerns about the threatened secur­ity response to pos­sible pro­test­ers — draw­ing com­par­is­ons with the mind­set, if not the viol­ent tac­tics, of the thugs in Syr­i­a’s secur­ity appar­at­us.  But still, in some deep recess of my mind and against all the accu­mu­lated evid­ence from my last 15 years, I found I still had an emo­tion­al, resid­ual echo of the notion of Brit­ish fair play that, really, we don’t do those kinds of things in the UK.  Well, then I was a child, and spoke as a child.… 

In the run up to the happy nup­tials, the Met­ro­pol­it­an Police stated that it had no spe­cif­ic intel­li­gence of any ter­ror­ist threat from either dis­sid­ent Irish repub­lic­ans, nor from any pos­sible group­ing emer­ging from the Middle East.  Des­pite this, the secur­ity forces had launched a massive intel­li­gence-gath­er­ing oper­a­tion to hunt down known “anarch­ists” who might want to voice their protest against the concept of the mon­archy.  Act­iv­ist pages on Face­book were sud­denly deleted with no warn­ing, but the com­pany said it was because of regis­tra­tion issues, and not because of the police.

Yes, there may well have been some who wanted to cause viol­ence — after which they could have been arres­ted legit­im­ately under the terms of the law .  How­ever, what the police did in this case was in an alto­geth­er dif­fer­ent league.  Using the meth­od­o­logy if not the bru­tal­ity of the Syr­i­an mukhabar­at, they organ­ised house raids and snatch squads.  They banned cer­tain act­iv­ists from Lon­don, and arres­ted oth­ers both in the days before the wed­ding and on the day itself. 

Those caught in the secur­ity sweep included a Pro­fess­or of Anthro­po­logy, Chris Knight, and his friends who were plan­ning a bit of mildly amus­ing street theatre involving a fake guil­lot­ine and a Prince Andrew dummy (is that tautologous?).

Oth­ers swept up by the secur­ity forces included a bunch of envir­on­ment­al­ist squat­ters who were busily tend­ing their mar­ket garden, accord­ing to rightly con­cerned MP John McDon­nell, and some ran­dom “zom­bies” who wanted to go to an altern­at­ive “not the roy­al wed­ding” garden party.  Hardly the stuff of revolu­tion­ary nightmares.

Hug_the_Police2And then there’s the case of Charlie Veitch, now denounced across the UK media as the known anarch­ist. Yes, Charlie is anti-roy­al­ist and wanted to voice his views, but he runs an inter­na­tion­ally-known act­iv­ist organ­isa­tion called the Love Police, for chris­sakes.  The peace­ful inten­tions of the organ­isa­tion might pos­sibly be giv­en away by the name.…

So what happened? On Thursday even­ing two police officers, tooled up with proto-Borg tech, muscled their way into the Cam­bridge home he shares with his girl­friend, Silkie Carlo, declar­ing that they were there to arrest him and search the place. They had the pres­ence of mind to film the whole pro­cess and ask some per­tin­ent questions.

Charlie’s alleged pre-crime?  That he had pos­ted a fright­en­ingly pres­ci­ent video on You­tube say­ing that he thought he was being spied on, but still cri­tiquing the roy­al wed­ding and sug­gest­ing that fel­low act­iv­ists get togeth­er in Soho Square, Lon­don (quite a dis­tance away from the fest­iv­it­ies) on the day.  OK, so he had a bit of a rant — but that’s what people do on You­tube.  Agree with him or strongly dis­agree, it’s called his free­dom of expres­sion — a much-vaunted, tra­di­tion­al Brit­ish liberty. 

But in the eyes of the police, appar­ently he was “con­spir­ing to cause a pos­sible breach of the peace”, and needed to be locked up.   It’s like we’ve time-trav­elled back to pre-revolu­tion­ary 18th cen­tury France, where the king could issue a lettre de cachet to send people to the Bastille.

So at the very time that Prince Wil­li­am and his blush­ing bride were cre­ated Duke and Duch­ess of Cam­bridge, a Brit­ish cit­izen was raided, locked up and hid­den away in a police cell in that very city for exer­cising free speech. 

On Thursday night he was hauled off to the Cam­bridge nick, which then refused to con­firm to his under­stand­ably upset girl­friend where he was being held, before being transfered to the Met Police on Fri­day morn­ing and held incom­mu­nic­ado for the rest of the day.  Fam­ily and law­yers then appar­ently spent fruit­less hours ringing around all the Lon­don police sta­tions try­ing to track him down.  So Charlie had effect­ively been “dis­ap­peared”, like a dis­sid­ent in a total­it­ari­an régime.

So let’s get this straight — we’re talk­ing about the Met­ro­pol­it­an Police spy­ing on known act­iv­ists (as we all now know they do, after the under­cov­er cop scan­dal earli­er this year) to pre­vent them from express­ing their legit­im­ate polit­ic­al views about the wed­ding of Kate and Wills.  The secur­ity forces had already stated that there was no spe­cif­ic ter­ror­ist threat, so this was all about pre­vent­ing an embar­rass­ing incid­ent on the big day.  And I’m sorry, but I don’t think that Pre­ven­tion of Embar­rass­ment is covered by the leg­al code.

Plus, these arrests were pre-empt­ive to stop a pos­sible crime which might be com­mit­ted — and let’s face it, only breach of the peace at that.  Not a biggy.

So we are basic­ally look­ing at the police spy­ing on and then pre-empt­ively arrest­ing cam­paign­ers for being poten­tial dis­sid­ents, for ThoughtCrime.  How much more Orwellian can it get?

I men­tioned the tac­tics of the Syr­i­an secur­ity forces and their bru­tal crack-down.  I’ve also pre­vi­ously writ­ten about how the slide towards fas­cism began in Ger­many in the 1930s with the bru­tal­isa­tion of intern­al oppos­i­tion­ists and dissidents . 

So let’s really stop and think about this — do we really want to let these early indic­a­tions slide by, uncon­tested? After all, we have the Olympics and the Dia­mond Jubilee next year, and no doubt the same, or exten­ded, powers will come into force.  How far will we let it go before we wake up to the threat?

As I’ve writ­ten before, with thanks to Pas­tor Mar­tin Niemoeller:

First they came for the Irish in the 1980s,

But I was not Irish so I did not speak up.

Then they came for the Muslims after 9/11,

But I was not a Muslim, so I did not speak up.

Then they came for the “domest­ic extremists”,

But I was not an act­iv­ist, so I did not speak up.

Then they came for me;

and there was nobody left to speak up for me.

 

A tale of two countries — pre-emptive policing in Britain and Syria

What a dif­fer­ence a mere month makes in the UK media.  At the end of March The Inde­pend­ent news­pa­per pro­duced this art­icle in the wake of the huge TUC anti-cuts protest in Lon­don, where the Brit­ish Home Sec­ret­ary was cas­tig­ated for con­sid­er­ing great­er police powers to pre­vent such “trouble” again, with par­tic­u­lar ref­er­ence to the forth­com­ing roy­al wedding.

At the time former assist­ant com­mis­sion­er at Scot­land Yard, Andy Hay­man, who had served as the head of the Met­ro­pol­it­an Police Counter-Ter­ror­ism squad and was, umm,  reportedlymuch-esteemed officer before his early resig­na­tion, adop­ted a mus­cu­lar tone by call­ing for “snatch squads” and “dawn raids” to be car­ried out by police against sus­pec­ted trouble­makers.  How ter­ribly un-British.

Per­haps I’m start­ing at shad­ows, but with the above in mind two inter­est­ing aricles appeared in that very same news­pa­per today.

The first art­icle that caught my eye con­firmed there was indeed just such a secur­ity crack­down against sus­pec­ted dis­sid­ents in the UK on the eve of the roy­al wed­ding.  Lynne Owens, the Met­ro­pol­it­an Police assist­ant com­mis­sion­er in charge of the roy­al poli­cing oper­a­tion, is quoted as saying:

“We have to be abso­lutely clear. If any­one comes to Lon­don intend­ing to com­mit crim­in­al acts, we will act quickly, robustly and decis­ively.” She said the Met was work­ing with forces across the coun­try and would use “spot­ters” to identi­fy those caus­ing trouble.”

The art­icle goes on to say:

As police teams step up their pro­cess of “pre-event invest­ig­a­tion” and “intel­li­gence gath­er­ing”, reports have come in from pro­test­ers that plain-clothed police are turn­ing up at their homes to warn them against attend­ing Fri­day’s event.” 

Military&pageantryIt seems that the poor old Met is hav­ing con­nip­tions about poten­tially embar­rass­ing pro­test­ers sul­ly­ing the pageantry of the roy­al wed­ding and is put­ting our money where its mouth is.  Last week The Tele­graph also repor­ted that counter-intel­li­gence oper­a­tions were being con­duc­ted against “anarch­ists” to pre­vent trouble on 29th April.

Inter­est­ing use of lan­guage, but I sup­pose that one news­pa­per­’s “pro­test­er” will always be another­’s “anarch­ist”.…

So what of the second art­icle that con­cerned me?  This described the bru­tal secur­ity crack­down in Syr­ia, where the secret police were pre-empt­ively hunt­ing down and arrest­ing sus­pec­ted dissidents:

Syr­i­a’s feared secret police raided hun­dreds of homes yes­ter­day as author­it­ies stepped up attempts to crush the pro-reform movement.….”

UK For­eign Sec­ret­ary, Wil­li­am Hag­ue is quoted as say­ing that:

Syr­ia is now at a fork in the road… it can choose ever-more viol­ent repres­sion which can only ever bring short-term secur­ity for the author­it­ies there.”

How much more need I say?  Put­ting aside the fact that Hag­ue seems to have acquired his very own fork(ed tongue), the only dis­cern­able dif­fer­ence at this stage is in the sheer scale of the bru­tal­ity and repres­sion, not the mind-set or intent.

It’s a slip­pery slope.….

Libya: my enemy’s enemy is my friend, until he becomes my enemy again…

UK Prime Min­is­ter, Dav­id Camer­on, reportedly made the start­ling state­ment recently that the mil­it­ary inter­ven­tion in Libya “unlike Iraq, is neces­sary, leg­al and right”. 

Blair_takes_the_oathWould it not be won­der­ful if he could take the next logic­al step towards joined-up think­ing and con­sider send­ing our esteemed Middle East Peace Envoy, a cer­tain Mr T Blair, over for a spot of por­ridge at the Inter­na­tion­al Crim­in­al Court in The Hag­ue?  After all, Camer­on has now clearly implied that the Iraq war was “unne­ces­sary, illeg­al and wrong”.….

But back to Libya.  With the ongo­ing crisis — now war — much is being writ­ten about how the pre­vi­ous UK gov­ern­ment col­lab­or­ated with the Gad­dafi régime in the last dec­ade — while tacitly glossing over the last year of Coali­tion gov­ern­ment where, no doubt, sim­il­ar levels of coöper­a­tion and back-slap­ping and money-grub­bing were going on at the highest levels to ensure the con­tinu­ing flow of oil con­tracts to the UK.

But, yes, we should be dis­sect­ing the Labour/Gaddafi power bal­ance.  Gad­dafi had New Labour over the pro­ver­bi­al (oil) bar­rel from the late 1990s, when MI5 whis­tleblower Dav­id Shayler exposed the failed and illeg­al MI6 assas­sin­a­tion plot against Col­on­el Gad­dafi, using as fall-guys a rag-tag group of Islam­ic extrem­ists.  The newly-elec­ted Labour gov­ern­ment’s knee-jerk response at the time was to believe the spook’s deni­als and cov­er-up for them.  Per­haps not so sur­pris­ing, as the gov­ern­ment min­is­ters of the day were uncom­fort­ably aware that the spies held files on them.  But this craven response did leave the gov­ern­ment pos­i­tion exposed, as Gad­dafi well knew.

MoS_G_Plot-credible_1997The CIA was fully cog­nis­ant of this failed plot at the time, as were the French intel­li­gence ser­vices.  The Gad­dafi Plot is once again being ref­er­enced in the media, includ­ing the Tele­graph, and a recent edi­tion of the Huff­ing­ton Post.  The details are still rel­ev­ant, as it appears that our enter­pris­ing spooks are yet again reach­ing out to a rag-tag group of rebels — primar­ily Islam­ists and the Senussi roy­al­ists based around Benghazi. 

The les­sons of the reck­less and ill-thought out Gad­dafi Plot were brushed under the car­pet, so his­tory may yet again be doomed to repeat itself.  Yes, Gad­dafi has been one of the biggest back­ers of ter­ror­ism ever, and yes he has bru­tal­ised parts of his own pop­u­la­tion, but if he were deposed how can the West be sure that those step­ping into the power vacu­um would not be even more dangerous?

Musa_Kousa_Hillary_Clinton_NY_2010The Liby­an gov­ern­ment con­tin­ued to use the 1996 MI6 assas­sin­a­tion plot as lever­age in its nego­ti­ations with the New Labour gov­ern­ment right up until (pub­licly at least) 2009.  Musa Kousa, the cur­rent For­eign Min­is­ter, played a key role through­out.  For many years Kousa was the head of the Liby­an Extern­al Secur­ity Organsi­ation and was widely seen as the chief archi­tect of inter­na­tion­al Liby­an-backed ter­ror­ism against the USA, the UK and France. 

Anoth­er appar­ent example of this mor­al black­mail caught my eye recently — this report in the Daily Mail.  Saif al-Islam Gad­dafi was afforded MI6-backed pro­tec­tion when he was finally allowed into the UK in Septem­ber 2002 to study at the LSE

The tim­ing was par­tic­u­larly inter­est­ing, as only months earli­er Saif had won a libel case against the UK’s Sunday Tele­graph news­pa­per.  A grov­el­ling apo­logy was made by the news­pa­per, but Saif refrained from ask­ing for “exem­plary dam­ages” — which he would almost cer­tainly have won.  The res­ult­ing pay-off for this restraint appears to be that a mere five months later he was wel­comed into the UK with MI6-facil­it­ated protection.

Saif’s rela­tions with the UK had not always been so rosy. As back­ground to this case, in 1995 the Sunday Tele­graph had fallen hook, line and sinker for a MI6 clas­sic pro­pa­ganda oper­a­tion.  As The Guard­i­an repor­ted, the secret­ive MI6 media manip­u­la­tion sec­tion, Inform­a­tion Oper­a­tions, (I/Ops), had suc­cess­fully spun a fake story to hap­less spook hack, Con Cough­lin, that Gad­dafi Juni­or was involved in cur­rency fraud.  This story was fake, but the paper trail it pro­duced was used by the spies as a pre­text to pre­vent Saif from enter­ing the UK at the time. 

Saif_Prince_AndrewBy 2002 this was all old his­tory, of course.  Saif was wel­comed to the UK, offi­cially to study for his MA and PhD at the Lon­don School of Eco­nom­ics (and show­ing his grat­it­ude to that august insti­tu­tion with a hefty dona­tion of £1.5 mil­lion — it makes the new tuition fees for UK stu­dents seem bet­ter value for money), and unof­fi­cially to chum up to vari­ous Estab­lish­ment ena­blers to end Liby­a’s pari­ah status, open up luc­rat­ive trade chan­nels, and get the SAS to train up Liby­a’s spe­cial forces

The UK mil­it­ary must be just lov­ing that now.….

So I get the feel­ing that the UK gov­ern­ment has over the last dec­ade indeed “danced with the dev­il”.  After dec­ades of view­ing Libya and Col­on­el Gad­dafi as a Pri­or­ity One JIC intel­li­gence tar­get, the UK gov­ern­ment fell over itself to appease the Gad­dafi régime in the wake of the bungled assas­sin­a­tion attempt in 1996 and the libelling of his son.  These were the sticks Gad­dafi used; the car­rots were undoubtedly the Saif/MI6-facil­it­ated oil con­tracts

Of course, all this is now pretty much a moot point, fol­low­ing Dave Camer­on’s “neces­sary, leg­al and right” mil­it­ary inter­ven­tion.  If the wily old Col­on­el man­ages to hang on grimly to some semblence of power (and he has an impress­ive track-record of sur­viv­ing against the odds), then I doubt if he’ll be happy to coöper­ate with Brit­ish oil com­pan­ies in the future.  At the very least. 

Gad­dafi has already threatened “ven­geance” against the West, and it was repor­ted today that MI5 is tak­ing this all-too-pre­d­it­able risk seriously.

If Gad­dafi is deposed, who can real­ist­ic­ally pre­dict the inten­tions and cap­ab­il­it­ies of those who will fill the power vacu­um?  We should have learnt from Afgh­anistan and Iraq: my enemy’s enemy is my friend — until he becomes my enemy again.….

 

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.

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?

RTTV interview — dancing with the devil — how not to deal with “rogue” states

Here is an inter­view I did for RTTV on 3 March 2011 about the pos­sib­il­ity of West­ern inter­ven­tion in the unfold­ing Liby­an crisis:

 

Inter­est­ingly, a radio record­ing of the Dutch “res­cue” mis­sion I men­tioned has appeared on the inter­net.  It appears that the pilots were less than hon­est about their flight plans and inten­tions, say­ing that they were head­ing to their ship south of Malta rather than back towards Tripoli.… where they are even­tu­ally caught.

Also, do have a read of this excel­lent art­icle by Seamus Mil­ne of The Guard­i­an about rami­fic­a­tions of pos­sible West­ern intervention.

That said, it looks like this view­point is being ignored.  The Daily Mail repor­ted today that MI6 officers and SAS sol­diers are mass­ing in the East of Libya to assist the rebels.  Well, at least they’re doing it openly now, unlike the illeg­al and failed Gad­dafi Plot of 1996.