Law and Rights
Suspicions about recent UK involvement in torture or (other cruel, inhuman or degrading treatment ) committed abroad have never been properly laid to rest and they are unlikely to be resolved if the Justice and Security Bill reaches the statute book. Some of the available material is disturbing.
Fourth Annual Baha Mousa Lecture:
On 19th October, my companion blog published - Fourth Baha Mousa Memorial Lecture - Iraq - Unlawful treatment of detainees 'institutional'. That post covered a lecture delivered by a former Senior Legal Adviser to the British Army in Iraq - Lt. Col. Nicholas Mercer. The lecture is reported at The Guardian 19th October 2012 where Colonel Mercer said the UK's complicity in the unlawful treatment of detainees was "institutional" and must be wiped out to prevent future abuses by British troops. Colonel Mercer described how he was gagged by the Ministry of Defence after he criticised senior British commanders and MoD officials in the case of Baha Mousa, who died while in the custody of British troops. Mercer said his attempts to set up independent judicial monitoring of the treatment of detainees were blocked by the MoD. Britain's obligations under domestic and international law were routinely ignored, he added.
Cruel Britannia:
A Very British Killing:
The UN Special Rapporteur on Torture:
Here, Juan Méndez, UN Special Rapporteur on Torture, discussed the global efforts to eradicate torture. Please see Chatham House - Enforcing the absolute prohibition against torture where the Special rapporteur spoke of efforts on a global scale to eradicate torture.
Other posts etc:
Law and Lawyers posts -
13th February 2010 - Has the UK been complicit in either the torture or mistreatment of prisoners?
9th September 2011 - The 10th Anniversary of 9/11
23rd November 2011 - The unfolding aftermath of the Iraq War
- The Aftermath Of The Iraq War - The Continuing Story
On 23rd November 2011 this blog looked at The unfolding aftermath of the Iraq War and considered the decision of the Court of Appeal (Civil Division) in R (Ali Zaki Mousa) v Secretary of State for Defence [2011] EWCA Civ 1334 where the court (Maurice...
- Human Rights - Just A Little More
Prof Juan MéndezThe right to help eachother: Following on from the immediately preceding post, I came across a blogpost which seems to really try to get the the basis of what "human rights" are about - Do right, fear no-one! -The right to help eachother....
- The Unfolding Aftermath Of The Iraq War
* Update ~ Addendum of 26th May 2013 * The military action by the United Kingdom in Iraq has left an on-going aftermath which is, yet again, highlighted by the Court of Appeal (Civil Division) decision in R (Ali Zaki Mousa) v Secretary of State for Defence...
- The 10th Anniversary Of 9/11
With uncanny timing, the Baha Mousa Inquiry has just issued its report. Baha Mousa was an Iraqi civilian who died of injuries received whilst he was held in the custody of the British Army. The Inquiry report is highly critical of those...
- The Equality And Human Rights Commission Challenges The Government ...
Earlier this year, the government, very commendably, made public "consolidated guidance" to Intelligence Officers and Service Personnel on the detention and interviewing of detainees overseas and on the passing and receipt of intelligence relating to...
Law and Rights
Cruel Britannia ~ serious material to consider
Fourth Annual Baha Mousa Lecture:
On 19th October, my companion blog published - Fourth Baha Mousa Memorial Lecture - Iraq - Unlawful treatment of detainees 'institutional'. That post covered a lecture delivered by a former Senior Legal Adviser to the British Army in Iraq - Lt. Col. Nicholas Mercer. The lecture is reported at The Guardian 19th October 2012 where Colonel Mercer said the UK's complicity in the unlawful treatment of detainees was "institutional" and must be wiped out to prevent future abuses by British troops. Colonel Mercer described how he was gagged by the Ministry of Defence after he criticised senior British commanders and MoD officials in the case of Baha Mousa, who died while in the custody of British troops. Mercer said his attempts to set up independent judicial monitoring of the treatment of detainees were blocked by the MoD. Britain's obligations under domestic and international law were routinely ignored, he added.
A podcast of Colonel Mercer's speech is now available at Public Interest Lawyers.
PIL say that they wished "to give everyone an opportunity to listen to the lecture which provided a fascinating and, at times, extremely moving account of Colonel Mercer?s courageous attempts to try and ensure that the British Army complied with international law in its treatment of detainees in Iraq. He described his horror in 2003 at seeing tens of Iraqis hooded in stress positions within a British detention facility and his dismay when the Ministry of Defence blocked his efforts to set up independent judicial monitoring of the detention of Iraqis. Colonel Mercer used his address to call upon public servants to end torture by the state."
PIL say that they wished "to give everyone an opportunity to listen to the lecture which provided a fascinating and, at times, extremely moving account of Colonel Mercer?s courageous attempts to try and ensure that the British Army complied with international law in its treatment of detainees in Iraq. He described his horror in 2003 at seeing tens of Iraqis hooded in stress positions within a British detention facility and his dismay when the Ministry of Defence blocked his efforts to set up independent judicial monitoring of the detention of Iraqis. Colonel Mercer used his address to call upon public servants to end torture by the state."
Please listen to the lecture.
Cruel Britannia:
Francis Fitzgibbon QC is also the author of the Nothing like the Sun blog where he draws attention to a book Cruel Britannia by Ian Cobain. Fitzgibbon QC writes a very powerful and eloquent post which ought, coming from such an eminent member of the bar, be a wake up call to the British public at a time when their rights are actually under serious assault. Fitzgibbon wrote:
"The idea that citizens have human rights that they can assert against public authorities in Court is, bizarrely, regarded as something foreign and disreputable. Very few politicians have stood up to defend the Human Rights Act, whose main objective was to allow UK citizens to use UK Courts to assert rights they had anyway, rather than go to Strasbourg. Now the heat is also on Judicial Review, the precious and entirely home-grown legal challenge to administrative decisions ? not on their merits, but on the narrower basis that the decision-makers have failed to follow proper and lawful procedures. All the while, the continuing assault on legal aid denies poor citizens access to the law, which has grown into a forest of rules and regulations in so many areas that touch our lives, so that anyone entering it without expert guidance should abandon all hope."
The book was reviewed by Clive Stafford Smith in The Guardian 23rd November 2012 - Cruel Britannia by Ian Cobain - review
The book was reviewed by Clive Stafford Smith in The Guardian 23rd November 2012 - Cruel Britannia by Ian Cobain - review
A Very British Killing:
Returning to the Fourth Baha Mousa lecture. This was the occasion for the launch of a further book by Professor Andrew Williams - ?A Very British Killing: The Death of Baha Mousa?. The book is available via Amazon at http://www.amazon.co.uk/Very-British-Killing-Death-Mousa/dp/0224096885.
The UN Special Rapporteur on Torture:
Here, Juan Méndez, UN Special Rapporteur on Torture, discussed the global efforts to eradicate torture. Please see Chatham House - Enforcing the absolute prohibition against torture where the Special rapporteur spoke of efforts on a global scale to eradicate torture.
Other posts etc:
Law and Lawyers posts -
13th February 2010 - Has the UK been complicit in either the torture or mistreatment of prisoners?
9th September 2011 - The 10th Anniversary of 9/11
23rd November 2011 - The unfolding aftermath of the Iraq War
- The Aftermath Of The Iraq War - The Continuing Story
On 23rd November 2011 this blog looked at The unfolding aftermath of the Iraq War and considered the decision of the Court of Appeal (Civil Division) in R (Ali Zaki Mousa) v Secretary of State for Defence [2011] EWCA Civ 1334 where the court (Maurice...
- Human Rights - Just A Little More
Prof Juan MéndezThe right to help eachother: Following on from the immediately preceding post, I came across a blogpost which seems to really try to get the the basis of what "human rights" are about - Do right, fear no-one! -The right to help eachother....
- The Unfolding Aftermath Of The Iraq War
* Update ~ Addendum of 26th May 2013 * The military action by the United Kingdom in Iraq has left an on-going aftermath which is, yet again, highlighted by the Court of Appeal (Civil Division) decision in R (Ali Zaki Mousa) v Secretary of State for Defence...
- The 10th Anniversary Of 9/11
With uncanny timing, the Baha Mousa Inquiry has just issued its report. Baha Mousa was an Iraqi civilian who died of injuries received whilst he was held in the custody of the British Army. The Inquiry report is highly critical of those...
- The Equality And Human Rights Commission Challenges The Government ...
Earlier this year, the government, very commendably, made public "consolidated guidance" to Intelligence Officers and Service Personnel on the detention and interviewing of detainees overseas and on the passing and receipt of intelligence relating to...