Robert Sharp

Pupil Barrister

Month: January 2010

A Prison for the Innocent

18 January 2010 / / 0 Comments

Exactly three years ago, I attended an event with Clive Stafford-Smith, the Director of Reprieve who has worked with the prisoners at Guantanamo.  I asked him how many of them he thought were innocent:

During the Q&A session, I ask him if he thinks there are any genuine terrorists at the camp. He says there were probably about two or three to begin with. Now there are probably about fourteen, he thinks. The rest have very tenuous evidence against them. Even if some had fought for the Taliban against the Northern Alliance in 2001/02, that does not mean they were Al Qaeda operatives, or that they were a genuine threat to western interests.

Now, while I am sure that Stafford-Smith’s claim is based on hard legal analysis, it nevertheless has an anecdotal air when he tells it.  As a long-time activist against the death penalty, and therefore a regular critic of the US Government, it is easy for politicians to pigeon-hole his complaints.  In the cynical merry-go-round of political debate, it is easy to dismiss such claims as the exaggerations of someone trying to win the argument.  A dismissal of the well he would say that wouldn’t he? variety that is tricky to argue against, without sufficent airtime and column inches.
Well, here is some more evidence to back-up Stafford-Smith’s claim.  British journalist Andy Worthington has been compiling The Guantanamo Files, a list of all 779 men who were incarcerated at the prison:

… at least 93 percent of the 779 men and boys imprisoned in total — were either completely innocent people, seized as a result of dubious intelligence or sold for bounty payments, or Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the terrorist attacks of September 11, 2001, and that had nothing to do with al-Qaeda, Osama bin Laden or international terrorism

And the British Government – a Labour Government, ostensibly on the side of the poor and marginalised around the world – provided succour and support to the Bush Administration as this prison was established and maintained.

Creating the Haystack

6 January 2010 / / 1 Comment

News from last week:

The terror suspect who tried to blow up a Detroit-bound plane is the son of a Nigerian banker who alerted US authorities to his “extreme religious views” months ago, it was reported Saturday.

(Via Andrew Sullivan, who says he is ‘angry‘).
I am reminded of Cory Doctorow’s point at the Convention on Modern Liberty last year, about the problem of collecting too much information:

We’ve been told that we’re collecting larger haystacks of information in the hope that it will make the needles easier tio find.  If you look at the 9/11 Commission report, and you find out that in fact the America intelligence apparatus knew that the September 11th attack was happening – in hindsight – but they also knew a million other irrelevancies, and that an adequate approach to discovering it might have been to collect less information, not more.

The video is below:
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Wootton Bassett

5 January 2010 / / 13 Comments

Islam4UK want to march through Wooten Basset in a provocative protest against the British presence in Afghanistan. It is, as Dave Osler says on Liberal Conspiracy, a huge “headache” for the principled secular left who want defend free speech. Also at LibCon, Scepticisle points out that Anjem Choudry, who leads Islam4UK, is a “media troll” who is being deliberately provocative.  He wants to provoke a violent reaction, and the best course of action is to not give him one.  This means allowing the march to proceed, however offensive the message.  The small numbers it will attract will demonstrate just how fringe and ridiculous Choudry and his ideas actually are.
I’m surprised by the illiberal line taken by James Alexander at Progress:

This planned event will turn to violence and lead to a counter-response by the English Defence League. Then the BNP will begin to stir up divisions in the surrounding localities.
Even if you disagree with the actions of the brave soldiers who fight to protect British security, it is wrong to antagonise the families of the fallen. This is hateful and evil. I am writing to the Home Secretary, Alan Johnson MP, to call for Islam4UK to be also banned.

I don’t buy into the meme that a provocative march will necessarily be met with violence from outraged Britons.  Politicians and public figures should seize this as a ‘teaching moment’ and now use their influence to condemn in advance such actions, and inspire people to a more tolerant approach.  Gordon Brown has failed to do this so far.
Alexander’s Progress piece seems to have been seized upon by the sort of comments that one usually sees on tabloid comment boards.  I’ve just posted my own comment which sums up what I think:

I disagree with James Alexander … in suggesting that the Islam4UK march should be banned. That would be anti-free speech. If our troops are fighting for anything in Afghanistan, it is human rights, including the right to free expression (something sadly lacking in that country at the moment). The greatest tribute to our soldiers, living and fallen, would be to maintain our principles consistently at home and abroad: This means allowing the Islam4UK march.
The idea that the British people en mass cannot control themselves when confronted with a sorry band of Islamists is ridiculous and divisive. Locals and others who disagree with Islam4UK’s ridiculous ideas are perfectly capable of staging a bigger, peaceful counter-march, without any of the pathetic threats of violence that the other commenters here are so keen to see realised. It is this, and only this course of action that is consistent with the British spirit of tolerance and democracy. Progress members should be using their power and influence to bring this course of action about. Anything less is to sink towards the level of the fundamentalists.

Photo by Robin Hodson

A Wootten Basset memorial procession, 17th Nov 2009. Photo by Robin Hodson on Flickr.

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