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| English law can deal with terror
already |
There is no need for the government to trample
on our legal rights to fight the terror at our door argues Liz Davies
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The emergency services outside King’s Cross station
on July 7
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English law rests on certain basic principles now being torn
up by New Labour. One: justice is independent from political interference.
In 1670, a London jury acquitted two Quakers, charged with illegal
preaching, against the wishes of the judge.
The judge decided to lock up the jury until they came to their senses.
They refused to change their verdict and were eventually released.
Bushell’s Case established that juries may not be interfered
with, not by judges nor by politicians.
Two: we do not practise “torture and inhuman or degrading treatment”
(European Convention of Human Rights). Our government cannot practise
torture, nor can it condone the use of torture. Using or condoning
torture degrades our entire society.
But even if we ignore the moral arguments, from a practical standpoint,
“evidence” obtained under torture is unreliable since
people under torture have a motive to tell their torturers whatever
they think they want to hear.
Three: we have the right not to be imprisoned arbitrarily and indefinitely.
Unlawful detention has been challenged by writ of habeas corpus
for 700 years.
Since the terrible events of September 11, 2001, the government
has flouted all these principles. For more than three years, 16
men were detained without charge in Belmarsh until the House of
Lords ruled last December that indefinite detention was unlawful.
The Special Immigration Appeal Commission had ordered their detention
after secret hearings in which most of the “evidence”
was kept hidden from the detainees and their lawyers.
In fact, they were jailed based on “information” obtained
by the security services from countries such as Jordan, Syria, Egypt
etc, where torture is routinely practised. The men were released
in March 2005 and placed under “control orders”. They
had to wear electronic tags and their phone calls and movements
were strictly monitored.
They could not have had any contact with the London bombers without
the security services knowing. If there is any reason to believe
that they were involved in the London atrocities, or any others,
they should be charged and put on trial.
The four bombers in the terrible events of July 7 were British citizens,
not refugees. They planned the attack while exercising at the gym.
They used home-made bombs.
Detaining foreigners without charge did nothing to prevent the tragedy
of 52 lives lost. Nor did it prevent the second attack on July 21.
People allegedly involved in the July 21 attack have been arrested
and charged with criminal offences. There are quite enough offences
available: murder, causing explosions with intent to endanger life,
terrorism-related offences, arson and conspiracies to commit any
of these.
These people will stand trial. If found guilty, they will receive
long prison sentences. There is no need to change the law to ensure
that justice is done.
Nevertheless, last week the government re-detained 10 of the original
Belmarsh detainees. It intends to deport them to Jordan and argues
that Jordan has promised not to torture them. The campaigning group
Liberty responded: “If the Prime Minister wants to use his
considerable diplomatic skills to improve the human rights compliance
of various North African and Middle Eastern regimes, that is a very
good thing. However it will take more than a self-serving piece
of paper to convince us that Jordan, Algeria etc. are free from
torture”.
Governments that give themselves arbitrary power are very reluctant
to let them go. The Prevention of Terrorism Act was passed in 1975
as a one-year measure and then renewed year after year.
The more powers it has to detain without charge or trial, to deport
people to countries that practise torture, and to hold secret hearings,
the more the government will use such powers. Not only against refugees,
but against anyone “suspicious”: animal rights demonstrators,
peace protesters, striking trade unionists, maybe even the Countryside
Alliance.
The key to preventing more terrorist atrocities is good old-fashioned
police work: surveillance; painstakingly putting together the evidence
to charge people with criminal offences; and proving that evidence
publicly in court.
Ending the occupation in Iraq and trying to bring about some justice
for the Palestinians would help as well.
• Liz Davies is a long-standing peace and Labour movement
activist and a barrister. She is vice-chairwoman of the Haldane
Society of Socialist Lawyers and a former Islington councillor. |
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