4 Apr 2012 | Uncategorized
Ken Clarke, the British Justice Secretary, has been forced to defend government plans to extend the scope of secret trials. The proposals would allow ministers, rather than judges, to order the hearing of sensitive civil cases to be conducted in secret. In a radio interview this morning, Clarke described the last government as “far too authoritarian” and said his views on civil liberties issues were in line with his Liberal Democrat coalition partners. Yet, Clarke’s interview was forced after the Joint Committee on Human Rights described his department’s plans as a “radical departure from long standing traditions of justice” and in light of the security situation the plans “simply aren’t justified”.
The Joint Committee heard damning evidence on the government’s proposals contained within the Justice Green Paper, including concerns on the impact on free expression and open justice from Index on Censorship.
After the committee’s findings, Deputy Prime Minister Nick Clegg made clear his reservations — stating no inquests should be held in secret. Rumours abound that the Ministry of Justice will be forced to back down due to the report and the intervention of the Deputy Prime Minister. Civil libertarians in the Conservative party are also increasingly disgruntled by illiberal policies such as the leaked “data snooping” proposals and attempts to curtail the Freedom of Information Act.
The Joint Committee’s report makes interesting reading. Echoing Index’s submission and the evidence of other human rights organisations, the Committee argued that the broadness of what could be made secret was not justifiable:
The emphasis in the Secretary of State’s Foreword to the Green Paper is almost exclusively on the security and intelligence agencies and national security… The proposals in the Green Paper, however, are not confined to contexts concerning intelligence information or other material concerning national security. Rather, they relate to the disclosure of any “sensitive material” the disclosure of which may harm the “public interest”.
Indeed, it found no justification for the changes the government pushed for in inquests, stating:
We do not consider that the Government has produced any evidence to demonstrate the need to introduce fundamental changes to the way in which inquests are conducted
Legal expert Joshua Rozenberg believes the Green Paper was an attempt by the UK government to rebuild trust between their security services and their US counterparts since the Binyam Mohamed case. Guantanamo detainee Mohamed successfully sued the UK government for his mistreatment whilst held by the US which led to the disclosure of intelligence implicating that government in torture.
Now that there is serious public disquiet from within the government will Clark re-assess these misconstrued proposals — or is international pressure from partners enough to undermine the UK’s “traditions of justice”?
4 Apr 2012 | Leveson Inquiry
The Director of Public Prosecutions has said there was a “degree of pushback” from former Metropolitan police assistant commissioner John Yates against his suggestion of investigating the infamous “for Neville” News of the World email further.
Appearing for a second time at the Leveson Inquiry, Keir Starmer QC said Yates had told him during a 20 July 2009 meeting that the email, which contained phone hacking transcripts that suggested the practice went beyond one reporter at the News of the World, was not new material, had been seen by counsel and would “go nowhere”.
“I had been told in July 2009 in confident terms by Yates that all of this had been looked at, there was nothing new,” Starmer told the Inquiry, noting that Yates had told him he “needn’t concern” himself with the issue.
“[But] I became increasingly concerned about confidence with which those answers had been given to me,” he added.
Starmer said that out of an “abundance of caution” he sought further advice from David Perry QC, the counsel who had led the 2006 prosecution of private investigator Glenn Mulcaire and former News of the World royal reporter Clive Goodman for intercepting voicemails.
By the time of the February 2009 Commons Culture, Media and Sport Committee report that said the police had been wrong not to investigate the “for Neville” email further, Starmer said he felt he had “exhausted the exercise with Perry” and was unsure what else as DPP he could do.
Goodman and Mulcaire were jailed in 2007 for listening to voicemail messages left on the phones of members of the royal household. Goodman was sentenced to four months and Mulcaire six months.
Earlier today Perry gave evidence via video link from Northern Ireland, taking the Inquiry through the details of the 2006 prosecution. He told the Inquiry he was “concerned to discover” the extent of the activity, raising the issue at an August 2006 conference with police officers and the Crown Prosecution Service following the arrest of Goodman and Mulcaire.
“I have a clear recollection of asking whether there was any evidence implicating any other individual employed by News International in the criminality and being informed by the police (I cannot recall which officer) that there was not,” Perry said in his written evidence.
The Inquiry will resume on 23 April, when evidence will be heard from media proprietors and owners.
Follow Index on Censorship’s coverage of the Leveson Inquiry on Twitter – @IndexLeveson
4 Apr 2012 | Asia and Pacific, News and features
The election of Aung San Suu Kyi was another step in Burma’s advance to democracy. But journalists are aware that the small gains made by the media could be taken back. Tom Fawthrop reports
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4 Apr 2012 | Index Index, minipost
A Turkish politician has been sentenced to 15 years in prison after delivering speeches in the run up to elections in June 2011. Serafettin Halis, former Deputy of the Kurdish Peace and Democracy Party (BDP) was convicted of being part of an illegal organisation, and creating propaganda for an illegal organisation following seven speeches he delivered during the run up the the elections. Halis told local press that he is being prosecuted for speaking to his constituents, as the speeches were made in his capacity as an elected official.
