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Socialist Lawyer issue 48

Any advance on 28 days? The Government’s proposals to increase the length of detention without charge comes close to resembling an auction: in two years, we’ve had 90 days, 56 and now 42, at the time of writing. By the time you read this, the Government will probably have plucked yet another figure out of thin air.

An increase on 28 days is opposed by all institutions representing the legal community and by all civil liberties groups. As Shami Chakrabarti (in her speech to the Haldane Society’s AGM) and Imran Khan (interviewed for Socialist Lawyer) both make clear: 28 days is already the longest period of pre-charge detention in any democratic country. There is no evidence that an increase in the limit would lead to detection and prevention of more terrorist atrocities. There is plenty of evidence that young Muslim men (and some women) are regularly stopped, searched, arrested and detained because they are suspected of committing terrorist offences, and those arbitrary actions by the police very rarely lead to charges.

Detention without charge is oppressive. It wears people down. As Khan vividly describes, after seven days, detainees become so exhausted that they’re prepared to say, and sign, anything. 28 days detention, whilst a welcome blow against Tony Blair’s proposal of 90 days, is already far too long. Any longer period is seriously punitive.

For most of us British lawyers, detention without trial may be something that happens to our clients, but not to us. For lawyers in Pakistan, that is not the case. General Musharraf imposed a state of emergency, suspending the rule of law, on 3rd November and promptly arrested over 3,500 lawyers, human rights activists and political activists. Many of those remain in prison, there are fears that some have been tortured and kept in solitary confinement. Musharraf’s targets were the judiciary and the lawyers’ movement that built up over the summer, following the suspension of Chief Justice Iftikhar Mohammad Chaudhry. The Haldane Society stands shoulder to shoulder with our brothers and sisters in Pakistan’s legal and human rights community.

In Britain however, at least one of our community is being punished for doing his job. Glasgow solicitor Aamer Anwar faces charges of contempt of court for reading a statement, following a heavy sentence imposed on his client, which the presiding judge interpreted as contempt. Had he done so in England or Wales, there would be no question but that he was acting properly as a solicitor. It seems that Scottish law is different, but the charge is unprecedented even in Scotland. Anwar is a high-profile human rights solicitor who, like his counterparts in England and Wales, is prepared to represent unpopular clients, charged with unpopular terrorist offences.

Better news came when an Old Bailey jury unanimously found the Metropolitan Police guilty of 19 counts of health and safety violations, leading to the murder of Jean Charles de Menezes. Understandably the family remain disappointed that no individuals have been held to account for the murder.

The jury’s verdict is a real vindication for the jury system. The Met’s lawyers, senior police officers and politicians were happy to smear de Menezes, alleging that he had failed to comply with police instructions (despite evidence that there had been no such instructions) and suggesting that he was concealing drugs or an illegal passport.

Even if that had been the case, our system doesn’t allow for summary executions by police officers. The spectre of London being torn apart by suicide bombers was vociferously raised. But the jury saw through that. It took the good sense of 12 people, selected at random, to send a message that the killing of an innocent man was unlawful and couldn’t be justified even against the backdrop of the atrocity of 7th July. We understand the disappointment of the family and support them in their continued calls for an independent public inquiry. But the jury’s’ verdict, and the widespread calls from the public for Sir Ian Blair’s resignation following the verdict, showed that the public aren’t prepared to give up our civil liberties in the face of terrorist threats.

Elsewhere in Socialist Lawyer, Steve Cottingham explains the case of the Miami Five, whom the US Government and US justice system have made fall-guys in an attempt to cover up the US Government’s illegal attempts to overthrow the Cuban Government. The Five have been in prison, and frequently solitary confinement, for eight years now, despite appellate rulings that they were denied a fair trial. Their legal battle goes on and on.

Judith Farbey tells us about the human tragedies behind people trafficking. The Haldane Society is always prepared to praise the Government where praise is due, and the Government’s decision to sign the Council of Europe Trafficking Convention is welcome. Words need to be followed up with action.

Don’t forget to look at the back page! The Haldane Society is pleased to announce its Human Rights Lectures for 2008. We start on 30th January 2008 with our President, Mike Mansfield QC, and Imran Khan speaking on whether we need terrorism laws, followed on 27th February 2008 by ‘the right to protest’. CPD points are available to practitioners. We hope to see you there.

Liz Davies, Chair of the Haldane Society