Thursday 4 March 2010

Cornflakes Illegal for 'wrong thinkers'

Leading defence lawyer Gareth Peirce is as well-placed as anyone to sum up the State of the Nation; which she has, in The London Review of Books. New Labour has (literally) domesticated the policies of a totalitarian state, while most of us are still fretting about the growing threat of them in our streets. And remember how we laughed at the Maoist Chinese 'crime' of Wrong Thinking? It has been effectively introduced in the UK. Not only through traceable computer hard-drives, but on our book-shelves. Read all about it!

"Several years ago Tony Blair attempted to deport an Egyptian human rights lawyer who had been the victim of truly terrible torture in his own country: Blair argued that an assurance from Egypt of the man’s safety would suffice. Unusually, during a court challenge to the legality of his detention, private memoranda between Blair and the Home Office were made public. Across a note from the Home Office expressing concern that even hard assurances given by Egypt were unlikely to provide real protection against torture and execution, Blair had scribbled: ‘Get them back.’ Beside the passage about the assurances he wrote: ‘This is a bit much. Why do we need all these things?’ The man succeeded in his court challenge, but today, on the basis of secret information provided by Egypt, he is the subject of a UN Assets Freezing Order managed by the Treasury. He has no assets, no income and no work, and can be given neither money nor ‘benefit’ without a licence. ‘Benefit’ includes eating the meals his wife cooks. She requires a licence to cook them, and is obliged to account for every penny spent by the household. She speaks little English and is disabled, so is compelled to pass the obligation onto their children, who have to submit monthly accounts to the Treasury of every apple bought from the market, every bus fare to school. Failure to do so constitutes a criminal and imprisonable offence. A few weeks ago in the House of Lords, Lord Hoffman expressed horror at ‘the meanness and squalor’ of a regime ‘that monitored who had what for breakfast’. The number of such cases now multiplies daily. They have nothing at all to do with national security, they only succeed, as they are intended to, in sapping morale; they have everything to do with reinforcing the growing belief of the suspect community that it is expected to eradicate its opinions, its identity and many of the core precepts of its religion.

In December 2001 it was a small group of foreign nationals who paid the price for Blair’s wish to show solidarity with the US; and their predicament has never been widely known or understood beyond the Muslim community. But joining them in prison today are more and more young British men, and occasionally women. Many have little or no idea why they are there, although even more disturbingly, the majority were tried by the courts in conventional trials before conventional juries. Why is it, therefore, that the accused do not seem to comprehend why they are there when the prosecution has in any trial to serve all of its evidence in the form of statements, in order to inform the defendant of the case against him? The answer is that the vice underlying the internment/deportation cases is now being perpetrated in conventional trials. The accusations are similarly inchoate: defendants are said to be ‘linked to terrorism’ or ‘linked to extremism and/or radical ideology’. In these cases, the evidence before the court has time and again been found after a search on a defendant’s computer or in a notebook; the defendant is charged with possession of a certain item or this item is held to demonstrate the defendant’s desire to incite, encourage or glorify terrorism.

...Young Muslims search the internet in their tens of thousands, as do non-Muslims. Any internet search, however, leaves an ineradicable trace which can and does provide material that puts its searcher now at risk of prosecution for possession of information that might be ‘of use to terrorists’. They even risk arrest for writing anything that could be said to ‘incite’ or ‘encourage’ ‘terrorism’.

This is the context of many current prosecutions. The fruits of a police search are uncovered, prosecutions mounted for the ‘possession’ of literature, films and pamphlets bought or viewed on websites, even if that viewing was swift and the item discarded or even deleted."

Read the whole article at:

http://www.lrb.co.uk/v30/n07/gareth-peirce/was-it-like-this-for-the-irish

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