Autumn 2014 Liberty Newsletter

>> AUTUMN 2014
>> IN THIS ISSUE
>> ROUND UP
Eileen Clark extradited;
School absence prosecution
dropped; Fresh inquest into
Deepcut death; Talha Ahsan
to return to UK; DRIP legal
2
challenge
>> CAMPAIGNS
Human Rights Awards 2014;
Military Justice; Extradition
4
Watch
>> PARLIAMENT WATCH
Latest from Westminster
5
>> RIGHTS ON THE LINE
Human Rights Act under
threat
>> MEMBERShip
UNSAFE
UNFAIR
Why the risk of terrorism mustn’t be used to justify
quick fixes which fail to protect the public and erode
fundamental rights and freedoms.
7
Shami Chakrabarti:
On Liberty events; Gift
membership
8
6
ISSN 1465-4276
Liberty, formerly Civil Liberty Agenda, is published
quarterly by Liberty, the National Council for Civil
Liberties
www.liberty-human-rights.org.uk
Editor
Print
Laurence Holmes
Red River Solutions
Liberty is affiliated to the Federation Internationale
des ligues des Droits de l’Homme (FIDH)
>> ROUND-UP
TALHA AHSAN TO RETURN TO UK
>> DIRECTOR’S
LETTER
The rise of Islamic State, and
the recruitment of Britishborn fighters, has forced
counter-terrorism policy
back on the national agenda.
Unsurprisingly, it seems our
politicians’ response is to
use the threat of terrorism
to justify quick fixes which
fail to protect the public and
erode fundamental rights and
freedoms. We’ve been here
before, of course, and Liberty
will, once again, remind
Parliament that to chip away
at the very freedoms and
values that are threatened by
extremism is both unsafe and
unfair (page 6).
Sadly, the raid on
fundamental rights doesn’t
end there. Recent ministerial
reshuffles and resignations,
and a familiar reaction to the
latest prisoner votes ruling,
leave us in little doubt as to
just how acute the threat
to the Human Rights Act is
(page 7). With next year’s
general election looming
large on the horizon, the
knives are out. At the time
of writing, reports suggest
the Prime Minister will make
Human Rights Act repeal
the cornerstone of his party
conference speech.
Your membership and
support has rarely been more
vital.
Shami Chakrabarti
Director of Liberty
2 >> AUTUMN 2014
British poet Talha Ahsan should soon be on his way home to parents Farida
and Abu, and younger brother Hamja following eight long years behind bars
on both sides of the Atlantic. Accused of setting up terrorist fundraising
websites, Ahsan, who has Asperger’s syndrome, was extradited to the US
in October 2012 after spending six years in high-security prisons in the UK
awaiting a trial. He was finally sentenced last month, after entering into a
plea-bargain. The US Government demanded a 15-year sentence, but the
judge – sceptical about the evidence – opted for time served. She said he
posed no danger to anyone.
Find out more about Liberty’s Extradition Watch campaign on page 4.
LIBERTY REPRESENTS MPS IN
LEGAL CHALLENGE TO DRIP
Liberty has announced it
will seek a Judicial Review
of the Government’s
“emergency” surveillance
law – on behalf of MPs
David Davis and Tom
Watson. The action comes
after the Data Retention
and Investigatory Powers
Act 2014 (DRIP) was rushed
through Parliament onto the
statute book.
Liberty is arguing on Mr
Tom Watson MP and David Davis MP
Davis and Mr Watson’s
behalf that the new legislation is incompatible with Article 8 of the European
Convention on Human Rights (ECHR), the right to respect for private and
family life, and Articles 7 and 8 of the EU Charter of Fundamental Rights,
respect for private and family life and protection of personal data.
Since 2009, communications data has been retained by public
communications services and network providers under a 2009 EU Data
Retention Directive. But in April, the Court of Justice of the European Union
(CJEU) ruled that the Directive was invalid because it was so sweeping in
its interference with individual privacy rights. The judgment made clear that
existing UK legislation, including the Regulation of Investigatory Powers Act
2000 (RIPA), required urgent review.
However, on 10 July 2014, DRIP was introduced by Ministers claiming
that “emergency” legislation was necessary. The Bill was privately agreed
following discussions between the three main party leaders. It became
law within just three days – rendering proper parliamentary scrutiny,
amendment and even debate, impossible.
David Davis, Conservative MP for Haltemprice & Howden, said: “This Act
of Parliament was driven through the House of Commons with ridiculous
and unnecessary haste to meet a completely artificial emergency. As a
result Members of Parliament had no opportunity to either research it,
consider it or debate it properly and the aim of this legal action is to make
the Government give the House the opportunity to do what it should
have been allowed in the first place. Proper, considered and effective law
making. The overall aim is to create law which both protects the security of
our citizens without unnecessarily invading their privacy.”
>> ROUND-UP
FRESH INQUEST INTO
DEEPCUT DEATH
The High Court has ordered a fresh inquest into the
death of Cheryl James. Cheryl, 18, was undergoing
initial training at Deepcut Barracks in 1995 when she
was found dead with a bullet wound between her
right eye and the bridge of her nose. Liberty, which
represents Cheryl’s parents Des and Doreen James,
applied for a new inquest after using the Human
Rights Act to secure access to documents held by the
authorities about the teenager’s death.
Liberty Solicitor Emma Norton, who represents
Cheryl’s family, said, “This inquest is almost twenty
years late. Cheryl’s family refused to let her death
be swept under the carpet but they’ve had to fight
at every stage for answers in the face of a state that
thought it could ignore the basic human rights of its
troops. Cheryl was preparing for a life of service and
SCHOOL ABSENCE
PROSECUTION
DROPPED
Liberty has announced that Essex County Council has
dropped its prosecution of James and Dana Haymore
for failing to ensure their son “regularly attended
school” on the basis of six days’ absence.
The couple, originally from the US, were refused
permission to take their son out of primary school
for a family reunion in America to commemorate
Private Cheryl James
deserved so much better – her family can now hope
to finally get some answers.”
Find out more about Liberty’s Military Justice
campaign on page 4.
Mrs Haymore’s grandfather. They were issued with
penalty notices by the Council, but refused to pay on
principle. They were then prosecuted for an offence
which could result in a £1,000 fine and a criminal
record.
Liberty, representing the Haymores, argued that –
among other things – the decision to prosecute them
breached the Human Rights Act, because it affected
their and their children’s right to a family life under
Article 8. The trial was due to begin on 10 October.
Despite moving back to the US, the couple were
prepared to travel to the UK to clear their name. But in
September the Council revealed the prosecution had
been dropped.
EILEEN CLARK
EXTRADITED
Liberty client Eileen Clark has lost her appeal against
extradition to the United States. Eileen, resident in
the UK since the late 1990s, has now been removed
on charges relating to her escape from her husband
almost 20 years ago.
Liberty appealed to the Home Secretary to block
extradition on human rights grounds. We argued
that to force a victim of domestic violence to return
to face her alleged abuser in court almost 20 years
after leaving him, and despite the fact that she has
an extremely strong defence to the charge, is wholly
disproportionate, a violation of her rights and not in
the public interest.
The UK Courts’ decision to allow her to be sent to
the US overlooks the terrible harm that the extradition
itself, and the prospect of facing her alleged abuser
Eileen Clark with her children Chandler and
Rebekah
in court, will have on Eileen. Liberty believes this
represents a failure to understand the specific needs
and trauma of domestic violence victims.
AUTUMN 2014 << 3
>> CAMPAIGNS
MILITARY JUSTICE EMAIL YOUR MP
Military Justice is Liberty’s campaign to protect
and uphold the human rights of those serving in
our Armed Forces. We believe that the rights of
service men and women are just as deserving of
protection as civilians.
That’s why Liberty is representing the families
of several soldiers who have been failed by
the current system. The families of Anne-Marie
Ellement, Cheryl James, Sean Benton and
James Collinson deserve answers and they
deserve justice.
Alongside our legal work, Liberty is asking the
Government to make improvements to embed
independence and fairness for our troops at the
heart of the military justice system. You can help
us by emailing your MP now.
Go to www.MilitaryJustice.org.uk to read
Liberty’s report ‘Military Justice - Proposals
for a fair and independent military justice
system’ and to use our online form to email
your MP.
Help stop second-rate justice for our service
people. They deserve better.
Sean Benton, Cheryl James, James Collinson
and Anne-Marie Ellement
EXTRADITION LAW
COMMITTEE
Thank you to all Liberty members who submitted
evidence to the House of Lords Select Committee
on Extradition Law in September. The deadline for
submission has now closed.
Extradition is an important part of fighting
cross-border crime. Regrettably, changes over
the past few years have subverted time-honoured
protections in the UK’s extradition system, making
4 >> AUTUMN 2014
LIBERTY HUMAN
RIGHTS AWARDS BOOK NOW
Billy Bragg and Vanessa Redgrave
To celebrate 80 years of holding the powerful to
account in the name of freedom, fairness and justice,
this year the Liberty Human Rights Awards are open
to the public for the very first time. Tickets are on sale
now and Liberty members are entitled to an exclusive
20% off the normal ticket price of £10.
Call the Southbank ticket office on 0844 875 0073
Quote ‘Liberty’ to book your seat with an exclusive
20% discount.
(Southbank ticket office is open 9am - 8pm, 7 days
a week)
The awards honour individuals and organisations
dedicated to protecting and promoting rights and
freedoms and celebrate the hard work, inspiration
and dedication of those who champion the rights of
ordinary people.
Sandi Toksvig will be our host and the great Billy
Bragg will be singing for us, plus Director of Liberty
Shami Chakrabarti will be in conversation with screen
legend Vanessa Redgrave. It promises to be a great
evening – so don’t miss out!
More information on all of the above can be found
on the Awards page of our website.
the extradition of British residents far too easy. Over
recent years there’s been much promise of reform
from politicians of all stripes, but in fact the few basic
protections which did exist have been diluted even
further under this Government.
Liberty has made a number recommendations to the
Extradition Law Committee, including changing the
law so British residents cannot be extradited without a
basic (prima facie) case against them being tested in a
UK court. Or, if their alleged activity took place wholly
or substantially in the UK, a judge should be able to
bar their extradition.
Find out more at www.extraditionwatch.co.uk.
>> PARLIAMENT WATCH
PARLIAMENT
WATCH
Policy Officer Sara Ogilvie on
the latest from Parliament
Data Retention and Investigatory Powers Act
At the start of July, the Prime Minister and Deputy
Prime Minister announced that the three main
political parties had agreed to pass emergency
surveillance legislation. Over a year after the
Snowden revelations and following months of
silence from the UK Government in the face of
calls for reform of our surveillance laws, it took only
a week for the Data Retention and Investigatory
Powers Act (DRIPA) to be published, debated in
both Houses of Parliament and voted into law.
In the very short time available, we briefed strongly
against the proposals in the legislation. We argued
that the use of emergency legislation both to provide
for an unlawful and unjustified data retention regime,
and to circumvent proper scrutiny of significant
new powers, is irresponsible and undemocratic.
We suggested that at the very least, the eighteen
month life-span of the Bill should be reduced,
allowing parliamentarians to return to the matter
before the end of the year. We will continue to argue
for significant and fundamental reform of the UK’s
surveillance laws and will submit evidence to the
Independent Reviewer of Terrorism Legislation’s
inquiry into this topic.
Modern Slavery Bill
The Modern Slavery Bill began its passage through
the House of Commons in July. Liberty joined
parliamentarians from across the political spectrum
in welcoming the intention behind the legislation.
The Bill includes a number of measures aimed at
protecting victims of slavery and servitude and is
an important acknowledgment of the Government’s
obligations under the Human Rights Act. In our
evidence to the Public Bill Committee, which will
continue its consideration of the Bill in September,
we urged parliamentarians to push for additional
protections and in particular an amendment which
would prevent domestic overseas workers from
being tied to an abusive employer by the terms of
their visa.
Criminal Justice and Courts Bill
The Criminal Justice and Courts Bill moved to the
House of Lords, where Peers spoke out strongly
against proposals to house young offenders in
‘secure colleges’. Peers were also hugely critical of
the Government’s plans for judicial review and we
urged the Government in the strongest of terms to
reconsider. The Bill will conclude in autumn when
Parliament returns from summer recess.
Armed Forces (Service Complaints) Bill
We welcomed the announcement in the Queen’s
Speech of a Bill to create a service complaints
ombudsman. The Bill started in the House of Lords
and during this time the Defence Select Committee
has also been scrutinising the legislation. Liberty
briefed both peers and the Committee, making
suggestions for ways to strengthen the ombudsman
and ensure the necessary independence from the
Armed Forces and Ministry of Defence.
Extradition
Extradition is back on the agenda with the
appointment in June of a House of Lords Select
Committee to consider and report on extradition law
and practice. Liberty’s Policy Director gave evidence
to the Committee in July to explain the urgent need
for basic protections to be incorporated into our
extradition system. These included a proper forum bar
giving judges real discretion to assess, in cases where
an alleged crime was committed in this country, and
whether extradition is in the interests of justice.
Immigration Detention Inquiry
A new Inquiry launched by the All Party Parliamentary
Groups on Refugees and Migration has been hearing
evidence from medical professionals, campaigners
and immigration detainees about the realities of life
in detention. Liberty’s Director gave evidence in July,
stressing that the treatment of refugees and asylum
seekers in this country is one of our biggest human
rights scandals. Liberty will also submit written
evidence calling for desperately needed protections,
including a clear time limit on immigration detention.
AUTUMN 2014 << 5
>> FEATURE
UNSAFE UNFAIR
Policy Officer Rachel Robinson
looks at how the threat of
terrorism is once again being
used to justify the erosion of
fundamental rights and freedoms
It’s difficult to imagine an issue that tests our
politicians’ adherence to laws and principles quite
like the fight against terrorism. To a point, this is
unsurprising. Any government’s primary duty is to
protect its people. Human rights law demands the
State take steps to safeguard the right to life. But,
all-too-often, the risk of terrorism is used to justify
quick fixes which fail to protect the public and erode
fundamental rights and freedoms.
This summer has been a case in point. In July, just
before summer recess, the Government unveiled
its Data Retention and Investigatory Powers Bill
(“DRIP”) – claiming that “emergency” legislation was
necessary to protect us from terrorists and paedophile
rings. The Bill, privately agreed between the three
main party leaders, became law within days. Proper
scrutiny and debate of sweeping surveillance powers
affecting every man, woman and child in the UK
was impossible. The rule of law and parliamentary
sovereignty were treated with contempt. We’re hoping
the courts will take a similarly dim view of this crossparty stitch-up – that’s why we’re seeking a judicial
review of DRIP, on behalf of MPs David Davis and Tom
Watson.
“
“
Such laws are as unsafe
as they are unfair. They
leave potentially violent
terrorists amongst us, rather
than imprisoned, while
innocents are subjected to
punishment without trial.
Now, as summer gives way to autumn, our
politicians – under pressure to react to Islamic State’s
murderous acts and recruitment of British-born
fighters – seem all too willing to abandon our essential
values.
6 >> AUTUMN 2014
Boris Johnson, with an eye on the Conservative
leadership, called for a “minor change” to the law
to instate a “rebuttable presumption” that Britons
travelling to Iraq or Syria are doing so for terrorist
purposes. What on earth does he think a “major
change” would look like? This is a man who, when
seeking the capital’s vote, spoke passionately against
ID cards. Now his ambitions have escalated, it seems
liberty is suddenly trivial.
Soon after, the Prime Minister revealed a raft of
counter-terrorism proposals. At the time of writing
there’s been much sabre-rattling, some thinly-veiled
threats to the courts, but little real detail. There’s
talk of tasking police to seize people’s passports to
stop them travelling. Why? If Britons are intent on
committing murder and terror overseas, why not
arrest them for any one of the numerous terrorism
offences on our statute book? Our law provides for
prosecutions to take place in this country wherever in
the world terrorist atrocities are committed.
Meanwhile TPIMs are morphing ever more fully into
control orders thanks to the threatened reintroduction
of internal exile. The prospect of external exile also
remains, with the dangerous and guiltless alike
set to be dumped on the international community.
Why should we expect Germany or Turkey to deal
with British terror suspects? If they too cast such
individuals into the global wilderness, how does that
leave anyone, in Britain or abroad, any safer?
Such laws are as unsafe as they are unfair.
They leave potentially violent terrorists amongst
us, rather than imprisoned, while innocents are
subjected to punishment without trial. No-one should
underestimate the pressures our leaders face in
tackling terrorism. But headline-grabbing tough talk
will never be any substitute for our trusted system of
evidence, arrest, charge and conviction.
>> FEATURE
RIGHTS ON THE LINE
Ahead of next year’s general
election Policy Director
Isabella Sankey looks at the acute
threat to the Human Rights Act
and cynical delaying tactics. Successive Governments
have known the law must change but failed to put
legislation before Parliament. Instead Ministers claim
that Parliament is opposed to reform, conveniently
ignoring the recommendation of the cross-party
Parliamentary Committee convened to examine
this issue last year. The Committee, in a calm,
comprehensive and balanced Report recommended
the Government introduce a Bill in the 2014-15
session to grant voting rights to all prisoners serving
sentences of 12 months or less. It concluded that
there are no convincing penal-policy arguments in
favour of disenfranchisement and thoughtfully noted
“the enfranchisement of a few thousand prisoners
is far outweighed by the importance of the rule of
law and the desirability of remaining part of the
Convention system”. Alas, this is not so for Tory
High Command. Instead the Tory leadership seeks
to win pre-election favour by confusing Eurosceptic
voters with tough talk about the Council of Europe,
muddying the waters between Churchill’s post-war
human rights institution and the EU – a very separate
project for economic and social integration. This
crude political calculation currently outweighs any
serious or statesmanlike desire to remain part of the
international human rights community.
“
With a Cabinet that looks
aggressively intent on
dismantling our human
rights framework, there’s
now much more at stake
than prisoner voting.
“
With Ministerial reshuffles, resignations, and a
predictably weak response to the latest prisoner
votes ruling, the Government’s tactics for the general
election are becoming ever clearer.
The recent reshuffle saw the loss of the strongest
human rights defenders from Cabinet. Dominic Grieve,
Ken Clarke, and William Hague had helped stave off
an all-out Tory war on our precious rights protections,
successfully restraining their party’s wilder factions.
Crucially, they were trying to block the threatened Tory
Manifesto pledge to scrap the Human Rights Act and
pull out from the European Convention on Human
Rights. For Clarke, it’s “unthinkable” to leave the
European Convention - Britain’s gift to war-ravaged
Europe. Having served as Foreign Secretary, William
Hague knows the harm to come from UK withdrawal
- the Convention is a beacon for the persecuted and
the UK’s departure would actively encourage their
tormentors. As Attorney General, Dominic Grieve
privately and publicly unpicked the anti-human rights
spin peddled by his colleagues.
The Government also lost Sayeeda Warsi. The
first Muslim to serve in a British cabinet and the first
female Muslim minister, she used her considerable
skills and experience to tackle prejudice at home and
abroad and speak out about tolerance and equality.
Another worrying sign is the non-shuffling of Chris
Grayling. His assault on access to justice and basic
rights is the unexploded timebomb of the Coalition’s
reign and with him in post and others gone, the
Government’s assault on our human rights framework
enters a new, more ruthless stage.
Following the reshuffle, the Court of Human Rights
found the UK’s blanket ban on prisoner voting to be
in violation of our human rights commitments - again.
The decision came nearly ten years after the Court’s
first ruling against the UK on this issue and was the
inevitable outcome of almost a decade of deliberate
inaction.
The political debate around prisoner voting has been
punctured by political opportunism, misinformation
With a Cabinet that looks aggressively intent on
dismantling our human rights framework, there’s now
much more at stake than prisoner voting. Our very
future in a human rights Convention that was Europe’s
promise for a better post-war future is in jeopardy. We
will all suffer if they manage to strip away our precious
hard-won human rights protections.
AUTUMN 2014 << 7
>> MEMBERSHIP
London Literature Festival – Friday 3 October
Purcell Room, Southbank Centre (book tickets at
www.southbankcentre.co.uk)
‘SHAMI CHAKRABARTI
- ON LIBERTY’ EVENTS
Liberty Director Shami
Chakrabarti’s first book On
Liberty is now available to
purchase from Penguin (www.
penguin.co.uk). All royalties from
the book will go to Liberty.
Shami - who joined Liberty on
10 September 2001 - explores
why our fundamental rights and
freedoms are indispensable, and
the unprecedented pressures
those rights are under today.
Drawing on Liberty’s high-profile campaigns, from
privacy laws to anti-terror legislation, the book shows
the threats to our democratic institutions and why our
rights are paramount in upholding democracy.
Shami will be appearing at the following events in
support of the book and would be delighted to see
some friendly Liberty faces in the audience!
The Times and The Sunday Times Cheltenham
Literature Festival – Saturday 11 October
Town Hall, Cheltenham (book tickets at www.
cheltenhamfestivals.com)
The Guardian Reader Event – Tuesday 14 October
The British Library Conference Centre, London (book
tickets at www.theguardian.com/reader-events)
Bristol Festival of Ideas – Friday 17 October
Book tickets at www.ideasfestival.co.uk
On Liberty: Shami Chakrabarti at the Royal
Exchange Theatre, Manchester – Tuesday 18
November, Royal Exchange Theatre, Manchester
(book tickets at www.royalexchange.co.uk)
Cambridge Literary Festival – Sunday 30 November
Cambridge Union, Cambridge (book tickets at
www.cambridgeliteraryfestival.com)
GIFT MEMBERSHIP - BACK TO SCHOOL
As the university and school terms begin again this
autumn, why not give the gift of Liberty membership to
a student in your life? Membership is the perfect present
for someone studying law, history, politics or anything
else relating to human rights and civil liberties. It might
even kick off a life-long passion.
Gift membership for students is only £12 and includes:
To arrange a gift membership please email
[email protected],
call Jenny on 020 7378 3663 or return the below
form to: Freepost RSSU-UKGS-TEXY, Liberty, 26-30
Strutton Ground, London, SW1P 2HR
•
•
•
•
•
Liberty membership for a year
A gift card personalised for you, signed by our
Director Shami Chakrabarti
A welcome pack, with membership information and
campaigning materials
Our quarterly newsletter, written by some of the best
human rights lawyers and campaigners in the country
A say in Liberty’s future at our annual Members’
Conference and AGM
Your details:
Gift recipient details:
Name
Name
Address
Address
Postcode
Postcode
Telephone no
Telephone no
Email address
Email address
Gift message:
Pay for 1 year gift membership by card or cheque:
£30
£12 (student gift membership)
Please debit my credit / debit card no.
Expiry Date
Issue Number
Signature
/
Valid From
/
(Switch only)
Date
Or please attach a cheque for the relevant amount made payable to “Liberty”.