Wednesday, January 18, 2012 

Any inquiry would be better than no inquiry.

Despite the reaction of most human rights groups, the decision to abandon the Gibson inquiry into alleged British collusion in the torture of rendered detainees is not one to welcome wholeheartedly. Ostensibly for the reason that a new police investigation will now begin into the allegations made by two Libyan men that they were abandoned by ministers and the security services to the mercies of the Gaddafi regime, delaying further the already much postponed hearing of evidence, you also can't help but detect other reasons below the surface.

The Leveson inquiry is after all, in spite of initial misgivings, managing to swiftly get on with its work, getting around the problem of some would be key witnesses having been arrested by going through its remit in stages. One assumes that the inquiry is also being careful not to call those that the police could still decide are of interest to their investigation, although some who have been questioned by the police such as Neil Wallis and Neville Thurlbeck have still appeared and simply not been asked questions specifically on phone hacking. While it would have been more difficult for the Gibson inquiry to sidestep this potential problem quite so nimbly, as there are undoubtedly fewer important figures they would be interested in speaking to who wouldn't in some way be caught up in the new investigation, it seems bizarre how one inquiry can seemingly manage to do it and another can't. True, there is a major difference between the regulation of the media and the work of the security services, yet had there been the inclination these problems surely could have been surmounted.

The other challenge was the totally justified boycott of the inquiry both by the major human rights groups and by some of those who have claimed they were the victims of the policies of both the last government and the security services. These crucial witnesses were said to have met with the government on Monday in a last attempt to come to an agreement on their returning to the fold. With no deal apparently forthcoming, it's reasonable to assume that this is the real main reason Gibson has now been dumped. Intriguing then is that this has been so well received - Liberty in their statement even raise the possibility that this "delay" will mean we might actually get a "proper independent judicial inquiry". This leads to the assumption that even if there wasn't a deal reached on Monday, there was at least a promise that an inquiry would soon be held which would go some way towards meeting the demands of the likes of Liberty.

If this is the case, it has to be hoped that this promise is worth more than some of those made by previous governments concerning the security services. Despite Gibson's fundamentally flawed, purposefully crippled nature, such an inquiry would still be better than no inquiry. If it takes the police and then the CPS around the same amount of time to investigate the claims of Abdul Hakim Belhaj and Sami al-Saadi as it did to decide that Witness B and the others involved in Binyam Mohamed's case should not face charges, then it's likely to be another two years at least before the new inquiry can even begin to start its work. This will then additionally depend on just who the justice and foreign office ministers are at that point - there's no guarantee that there'll be as sympathetic as both Ken Clarke and Alistair Burt appear to be at the moment, Cameron continuing to keep his pre-election pledge or not. Even then it's hardly certain that the inquiry will be any less secret or more open than the Gibson one was going to be; the green paper on justice does little to inspire confidence that the security services won't lobby hard to keep their past handiwork almost completely in the shadows.

It will also mean it'll be nigh on a decade since much of the alleged collusion took place. Even if all the relevant documentation is made available, a very big if considering the problems that the Chilcot inquiry has had in that regard, the problem of failing memories can only combated when combined with exceptional detail, as the Saville inquiry into Bloody Sunday showcased. With even the report on the research conducted by the Gibson committee to be redacted, it's little wonder some are already suggesting that this may be a chance for truth lost forever. The longer it takes, the more likely those who authorised the collusion will get away it.

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Tuesday, January 17, 2012 

The man who knows too much.

There's something about Abu Qatada that truly terrifies the authorities in this country. Fast approaching the tenth anniversary of his initial arrest, he's spent the past decade either in Belmarsh, first under the notorious law introduced after 9/11 that allowed for the indefinite detention with charge of non-British citizens; at his home under a control order with a 14 or 22 hour curfew; and latterly, having been accused of trying to escape from this purgatory purely on the back of secret evidence which he couldn't challenge, held at Long Lartin. Unlike Babar Ahmed, who has now been held without charge awaiting deportation to America for the last 8 years and has had a high profile campaign calling for his trial in this country, hardly anyone has been prepared to speak up for the man also known as Omar Othman.

This is not exactly surprising. Having been described as Osama bin Laden's right-hand man in Europe by a Spanish judge, something noted at the beginning of almost every report on the latest legal movement in his case, and as a spiritual leader to al-Qaida when that detail is overlooked, you don't tend to receive much in the way of positive press. His case certainly isn't helped by his proximity to those other notorious Islamists, Abu Hamza and Abu Bakri Mohammed, nor by the speeches and lectures he gave which were favourites among those who went on to take part in terrorist attacks. His interview with Panorama back in 2001, reposted today, is deeply ambiguous and can be taken by both critics and those (very few) speaking in his defence as being either evidence of his general extremist views or his limiting of what is permissible under certain circumstances. Far easier to interpret is a supposed statement from him published on jihadist forums in 2009, where he makes reference to meeting Bilal Abdullah, convicted of the Glasgow airport and Tiger Tiger failed bomb attacks:

"Dr. Bilal Abdullah is a true man of Islam from all points of views; for he is knowledgeable, proficient, and resolute. I was humbled when I heard him say to me: "I was very influenced by your taped lectures.'"

The prison service for its part denied that Qatada was managing to smuggle out or issue any such communiques, although how reliable that claim is when there's a whole interview that was conducted with him also online is debatable.

Nonetheless, described by the reliable Will McCants as one of the most influential jihadi ideologues and having played a huge role in the development of contemporary takfirism, what is clear is that he was in the past an important figure to many involved in extremist Islam. Entirely opaque by contrast is his past involvement with the security services. Along with Abu Bakri, there is much debate about just how far his dealings went with MI5. Bakri has always claimed that he had a deal, described either as a covenant of security or a covenant of peace, whereby as long as he and his groupings did not advocate attacks in this country itself they would be left relatively alone. The only documentation we have which describes Qatada's interactions with MI5 is in the first ruling by SIAC (PDF), where the officer records in the second of his interviews with Qatada that "he came the closest he had to offering to assist me in any investigation of Islamic extremism", following it up by saying he would ‘report anyone damaging the interests of this country’. The officer came away from the third interview believing he had intimated that he "expected him to use that influence, wherever he could, to control the hotheads and ensure terrorism remained off the streets of London and throughout the United Kingdom". According to SIAC there were no further meetings.

This seems doubtful, especially when we consider the highly related cases of Bisher al-Rawi and Jamil el-Banna. Al-Rawi had become friends with Qatada, and following 9/11 agreed to help MI5 keep tabs on him. When Qatada went into hiding after the passing of the indefinite detention bill, al-Rawi was one of the few who knew where he was, and attempted to arrange a meeting between the two, Qatada pulling out at the last minute. His usefulness apparently over, MI5 said he could leave the country and go to Gambia, only for them to pass on fabricated material to the CIA saying they had taken bomb parts along on the journey. The result was their incarceration in Guantanamo Bay for 4 years.

At best then, it seems reasonable to believe Qatada has information which would highly embarrass MI5 should he have to be tried in the UK. At worst, he could be able to sing like the proverbial canary: if his meetings went far beyond what has so far been disclosed, it could well make the previous accusations of Londonistan look tame. As Richard Norton-Taylor also points out, and as was highlighted by the search for relevant documents following the bid for compensation by those who claimed they had been rendered to Guantanamo Bay with the connivance of MI5 and SIS, it will also be both extraordinarily expensive and time-consuming. Only last week it was announced that no one would face prosecution over their role in that policy. Avoiding a repeat of even the chance of that unpleasantness starting all over again, with all it involves for the reputation of the security services must be high on the list of priorities.

Moreover, it seems incredible considering the amount of material available that a prosecution couldn't be brought against Qatada here. The aforementioned SIAC ruling mentions that "he is reliably reported as having made a speech at a gathering in the Four Feathers Mosque in which he gave a blessing to the killing of Jews", the kind of incitement to racial hatred, or even incitement to murder which enabled the conviction of Abu Hamza. Ahmed Faraz was recently successfully prosecuted and jailed for selling books which included Sayid Qutb's Milestones, albeit apparently in a special edition "developed specifically to promote extremist ideology". If such a case can be made which could potentially affect both freedom of speech and freedom of the press, why can't one be made against the man many seem to believe was directly connected with al-Qaida? It seems to only be Qatada and the also loathsome, if not anywhere near as potentially dangerous Anjem Choudary who seem to be able to escape the law here.

This is the light in which today's ruling by the European Court of Human Rights that Qatada cannot be deported to Jordan has to be seen. While dismissing the notion that he would be liable to face torture, the court accepting the dubious promise of an authoritarian state that it will refrain from mistreating this one particular special prisoner, they upheld his claim that any trial would not be fair as the evidence against him would be overwhelmingly based on the confessions of two men, both of whom were tortured. Despite the disagreements of consecutive courts, Qatada having gone through the full process of SIAC to the Court of Appeal to the House of Lords to finally the ECHR, the government must have always known it was unlikely that he would ever be deported, whether on the worthlessness of the memorandum of understanding or as, it has turned out, under the right to a fair trial of Article 6.

What then do they do with Qatada now? Any further appeal seems liable to fail. The most obvious response from the government would be to put him under a TPim, the replacement for control orders, but this can hardly hold up in the courts indefinitely. Sooner or later, the authorities are going to have to face up to the fact that the person they fear knows much about their shady dealings is going to have to be prosecuted. They ought to start preparing for that rather than continuing to try desperately to do anything other than the decent and right thing.

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Monday, January 16, 2012 

Twenty top predictions for life 100 years from now.

1. Every single one of us will be dead

sp. Likelihood 10/10.

2. Err....

3. That's it.

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Saturday, January 14, 2012 

28 grams.


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Friday, January 13, 2012 

The establishment has it all sown up.

It can't be said it's a surprise that no one at either MI5 or SIS will face charges over complicity in the torture of Binyam Mohamed. When the Crown Prosecution Service only decided after the Ian Tomlinson inquest that Simon Harwood should face manslaughter charges, having previously felt that a jury was unlikely to convict due to the inadequacy of the post-mortem performed by Freddy Patel, it was always unlikely that in an even more complex case, where the security services would doubtless make onerous demands over secrecy that any officers would come appear before the beak.

Even more politically toxic was the investigation made clear that front line officers were operating under guidelines which had been drawn up after consultation at the very highest levels of both the security services and government. Despite having pleaded ignorance at every turn, or completely ignored much of the questioning, it seems that ministers were the ones authorising just what agents could and couldn't do, as has been suggested by the documents that came to light in Libya.

With the horse having well and truly bolted, the government now of course wants to ensure that any such unpleasantness in the future can never emerge in the same way. With that sown up, and the laughable Gibson inquiry apparently stuck in limbo as more investigations unlikely to lead to a prosecution take place, the chance of anyone being held to account diminishes with each passing month.

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Thursday, January 12, 2012 

"It kept it on the front page."

It is incredibly easy to make fun of the Leveson inquiry. (It is though far more difficult to be funny when making fun of the Leveson inquiry, as yesterday's post showed.) Up until today this had been by far its least insightful week, partially down to those giving evidence and partially down to the interrogators having something of an off week. Dominic Mohan on Monday was allowed to get away with the obvious inconsistency of paying tribute at the 2002 Shaftas to "Vodafone's lack of security" and his insistence that this was merely a joke, rather than any indication that either the Mirror or Sun were engaged in phone hacking at the time. Such was either Mohan's preparation and one would expect his work with the best of News International's lawyers, or Robert Jay QC's hangover from the weekend that all that seemed to come across was just how wonderfully philanthropic the paper is.

We should perhaps have expected something different when the representatives of the Daily Express and Daily Star came to pay their visit. They are after all the rogue operators on what used to be Fleet Street, having decided last January to leave the Press Complaints Commission, although they had previously refused for a time to pay their accreditation fees. This issue was also the only thing it seemed that the two current editors, the one previous and then Richard Desmond all agreed upon, apparently having decided on a common line when they came to write their witness statements: they had left, not because the PCC had made stringent criticism in two separate adjudications, one against the Daily Star over the "Muslim-only public loos" story, the other against the Scottish Sunday Express and its quite amazing decision to publish an "outraged" story about the private lives of those who survived the Dunblane massacre, but due to how complainants were now going to the PCC and then suing anyway. Never mind that there was never any rule, written or unwritten, that you couldn't then sue after getting the PCC involved; there had to be some other excuse found for removing themselves from even the lamentable regulatory oversight of the PCC.

First up was Dawn Neesom, the lesser spotted editor of the Daily Star. Richard Peppiatt, who resigned from the Star last March in protest at the paper's stance on Muslims, tweeted that she prefers to keep a low profile. Indeed, I can't remember ever seeing a photograph of her prior to today, and only had the the description of her as "editirix" in Private Eye to go by. On the basis of her evidence, as with some of the other editors and reporters, you'd have never believed she had risen to her position on the basis of merit: some recent stories she couldn't remember at all, while others she was forced to admit treated readers like idiots. Like the one declaring Simon Cowell to be dead, which wasn't even based on someone saying he had passed on, or the report during the ash cloud disruption last year headlined "TERROR AS PLANE HITS ASH CLOUD" which referred to, err, a TV reconstruction of a previous incident due to be broadcast on Channel 5 (prop. R Desmond).

One thing Neesom was convinced of was that the low number of staff under her supervision most certainly didn't compromise accuracy. "We always try to employ people that pride accuracy above all else," she stated, something it seems would be news to Rockstar Games, who were paid damages after the paper claimed that the next title in the Grand Theft Auto series would be based around Raoul Moat's stand-off with the police. Nor would the PCC agree, commenting in their adjudication on the "Muslim-only loos" story that they were "particularly concerned at the lack of care the newspaper had taken in its presentation of the story". She also denied that the paper had any anti-Islamic bias, despite the Star's legal representative later complaining she hadn't been given any of the front pages in advance of Jay asking about them. He later provided two examples of "positive" coverage of Muslims, both notably from late last year, after Peppiatt had resigned in the pages of the Graun.

Up next, and notable perhaps only for one thing was current Express editor Hugh Whittow. His remarkable statement when asked on why the group he worked for had left the PCC was to claim it was because it hadn't intervened sooner over their coverage of the disappearance of Madeleine McCann. This rather staggered Jay momentarily, as it did everyone else. To quote him:

Are you seriously putting that forward as a reason, that the PCC failed to stop you freely publishing a defamatory article?

It was just one of the things happening at the time, Whittow responded. Everyone it seemed other than the journalists on the Express were to blame for the repeated libels, as the then editor Peter Hill elaborated on next. According to him it was all the fault of the dastardly Portuguese police, who kept insisting that he print whatever they unofficially told his journalists, even though it all but impossible to check anything they leaked. The Express weren't the ones accusing the McCanns of killing their daughter, even if they were publishing the unverifiable claims of those who did. There was "reason to believe they might be true", so Hill kept on putting it on the front page day after day. Despite costing Desmond £550,000 and having to give an unprecedented apology, according to the Hill there were no internal repercussions whatsoever for his part in the sorry saga.

Hill was though thoroughly upstaged by his former boss, who breezed in and did his absolute best to come across as the cheeky upstart wideboy he imagines himself to be. This might have changed had someone, as Michael White notes, uttered the dreaded "p" word, Desmond having made most of his fortune through his past ownership of a vast array of porn mags. Happily, this was skirted around, with Desmond himself making the only mention of his involvement in "adult magazines". His initial approach was to try to bore the inquiry into submission by droning on about how he had cut costs when he bought the Express group, including how he sacked the one correspondent they had in New York, America after all being a country where not a lot happens

Only then did we get onto the good bit, Desmond first livening things up by asking Jay to define ethical, claiming not to know what it meant, only clarifying slightly with his comment in his witness statement (PDF) that everyone's morals and ethics were different and that "it's a very fine line". Just how fine his ethical line is quickly became clear, as Jay tussled with him over the McCanns. Disagreeing that there had been 38 libellous articles, he then went on to suggest that over the four month period if there had been 38 "bad" articles there must have been around 68 "good" ones. Startled by this novel logic, Jay tried breaking his point down to its component parts: that if people believed Madeleine was dead, as the Express was suggesting, they were less likely to look for her. Desmond, having clearly imbibed the Daily Express's other obsession down the years, suggested this wasn't the case as people were still talking about the death of Diana and "these situations where no one actually knows the answer, as it turns out, it just goes on and goes on". Except there was a body in Diana's case, as Jay exasperatedly pointed out.

With his hole duly dug, he kept on going down. It wasn't until the McCanns had taken on new lawyers that they decided to sue, and in any case, it kept it on the front page. As for the PCC, only the Express were made scapegoats by ex-head Christopher Meyer. How much better regulation would be if instead it was done in Desmond's own image, with proper business people, proper legal people, not these other industry johnnies that had slandered him ever since he bought the Express.

If anything, Desmond got off lightly. Like with the non-mention of the pornography, no one brought up his goose-stepping and sieg heiling at a meeting with the Telegraph bosses, the time he punched a journalist in the stomach for not running an obituary of a friend of Desmond's, or any real instances where he had directly interfered in the Express's editorial process, such as when he described a front page Peter Hill had put together as "fucking shit", the then Express editor downing tools as a result. Instead, he dropped himself in it. How one hopes the circulation of his "fantastic" Daily Star drops in a similar fashion.

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Wednesday, January 11, 2012 

It keeps rolling on...


There was consternation at the Leveson inquiry today as the Daily Mail's picture editor admitted he receives around 400 pictures of unsolicited arses every hour.

"This," sobbed Paul Silva, "is the new cold reality of working on a tabloid newspaper thanks to your inquiry. Where previously I would have expected to receive thousands of photographs of such A-list celebs as Imogen Thomas and Kim Kardashian every day, all I seem to receive now is freelance submissions of buttocks. All male, I might add."

"You can't possibly use them, of course," Silva went on. "There's no justification for doing so when they are pictures of arses simply going about their daily routine. That's a new policy we've implemented, similar to the one we said we were going to abide by when Princess Diana died and then broke within the week."

Silva's claim received short shrift from counsel to the inquiry Robert Jay QC. "Is a yacht not a private place? Why then are there numerous shots of an especially famous arse on Mail Online today? And even if you don't use long-lens shots of one particular arse, as long as it isn't going about its daily routine, only last weekend your sister paper used it to promote a five minute workout they were featuring. Where exactly is the bottom line?"

"Oh, I'm not responsible for the website," replied Silva. "They put any old bum up there."

At this point Lord Justice Levesoncarrot intervened and suggested it was a good time to adjourn for luncheon.

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