Merry ‘Bloody Christmas’: Venezuela Uncovers Guaido’s Plot to Provoke US Intervention
© REUTERS / Manaure Quintero
By Tim Korso – Sputnik – 23.12.2019
Venezuela reported on 22 December that at least one of its servicemen was killed in an attack on a military unit by unidentified gunmen. The latter reportedly sought to rob an ammunition depot, but ultimately failed, with some of them ending up detained by Caracas’ forces.
Venezuelan Minister of Popular Power for Communication and Information Jorge Rodriguez has reported that investigators have uncovered a plot organised by a group loyal to opposition leader Juan Guaido and involving the governments of Peru and Brazil. According to Rodriguez, the plot, called “Bloody Christmas”, suggested attacks on several military units across Venezuela.
In addition to this, the minister said that the members of “Guaido’s group” were planning to shoot down a Colombian Air Force plane using missiles stolen from the Venezuelan military in a staged false-flag attack on the country’s neighbour. The plotters allegedly planned to thereby give the US a pretext to start a “war” with Venezuela.
Rodriguez stated that some of the missiles and assault weapons stolen by the plotters have been recovered, but others remain in the hands of those who are still at large. According to him, a total of 9 RPG rocket launchers were stolen, though it’s unknown how many have been returned.
Attack on Ammunition Depot
Earlier, on 23 December, Venezuelan authorities reported that one soldier was killed as a result of the assault on one of the country’s military units by unknown assailants, which sought to rob an ammunition store. After the attack was repelled, Venezuelan authorities managed to capture some of the gunmen.
An investigation has been started into the incident, but it is not immediately clear who orchestrated the attack.
Back in April 2019, Venezuela experienced an unsuccessful coup attempt organised by opposition leader and self-proclaimed interim President Juan Guaido. The latter appealed to the country’s military to stand against democratically elected President Nicolas Maduro, although only a few of them heeded the call, resulting in the coup’s failure. Guaido has since then fled abroad along with some of his supporters.
Young Gaza Girl Fighting Cancer Alone in West Bank Hospital
10-year-old Miral Abu Amsha (L) and 5-year-old Aisha al-Lulu. (Photo: via Social Media)
The Palestine Chronicle | December 23, 2019
10-year-old Miral Abu Amsha is suffering from leukemia. Due to the hermetic Israeli siege on the Gaza Strip, the little girl was not allowed to be joined by her parents when she left Gaza seeking treatment at Najah University Hospital in Nablus, in the West Bank.
Miral’s story, one of the numerous similar tragic stories, was highlighted by the Israeli newspaper Haaretz on December 21.
The hospital’s prognosis is that Miral requires an additional four months of aggressive chemotherapy treatment in order for cancer to go into remission. However, the girl’s parents are unlikely to be with her at the hospital as their permit to leave Gaza has been rejected repeatedly by the Israeli military.
Aisha al-Lulu, a 5-year-old from the Strip, has gone to a similar experience to Miral. In January, Aisha died alone in a Jerusalem hospital, following a brain surgery that failed to save her life.
Hundreds of Gaza patients have died because they were denied permits to leave Gaza in the search of badly needed medical attention. Many of those who are allowed access to West Bank hospitals, usually children, were granted permits but denied the company of their families.
According to the World’s Health Organization (WHO), “in June (2019), 1,242 patient companion applications (52% of the total) were approved, 416 applications (17%) were denied and the remaining 733 (31%) were delayed, receiving no definitive response by the time of the patient’s appointment”.
Gaza has been under a hermetic siege since 2006 when Hamas won the democratic legislative elections held in that same year. Since then, Israel has launched several wars, killing thousands and wounding tens of thousands of Gazans.
The siege and war have also devastated Gaza’s already struggling infrastructures, leaving hospitals with limited medical supplies, and, at times, no electricity. According to a United Nations report, Gaza will be deemed uninhabitable by 2020.
Hard Evidence on Torture and Ill-Treatment Committed against Palestinian Detainees at Israeli Interrogation Centers
Addameer Prisoner Support And Human Rights Association | December 23, 2019
Since its creation, the occupying state developed and enforced laws and practices that led to both the systematic use of torture and to absolute impunity for the perpetrator of this crime. There has never been any individual or agency held accountable for the well-documented crimes of torture and ill-treatment at Israeli prisons and interrogation centers.
The occupation authorities, in particular, the Israeli intelligence agency “Shabak” resorts to torture and ill-treatment as standard operating procedure in a systematic and wide-scale approach against Palestinian detainees. Over the past three months, the intelligence agency subjected a number of detainees at Israeli interrogation centers to severe physical and psychological torture without any form of monitoring and protection.
Addameer has hard evidence on the crimes of torture and ill-treatment committed against a number of detainees held at interrogation centers since late August 2019. Addameer was banned from publishing any of the details of torture prior to this date, due to a gag order issued by the Israeli Court of First Instance in Jerusalem.
On 10 September 2019, a gag order was issued on a number of cases under interrogation at al-Mascobiyya interrogation center. Hence, preventing the public, including Addameer the legal representative, from publishing any information regarding these cases.
The gag order was issued based on a request from the Israeli intelligence agency and Israeli police and was renewed multiple times. Despite the gag order, Israeli media outlets and the Israeli intelligence agency published information to the public about some of those cases. This inconsistent enforcement of the gag order, where the Israeli sources exercised the freedom to publish, can only be understood as a means to influence public opinion.
Most importantly, the issuance of this gag order is an attempt to hide crimes committed against the detainees and prevent the public and the legal representatives from exposing the details of the crimes of torture and ill-treatment that were committed against the detainees in question throughout the past months.
Torture at Israeli interrogation centers
According to Israeli military laws, a detainee can be held in interrogation for a total period of 75 days without receiving any official charges. According to these same laws, a detainee can be banned from meeting his/her lawyer for a total period of 60 days. Those detainees, in particular, were held for extremely long periods of interrogation, and were also banned from lawyers’ visits and legal consultation.
The periods of the ban on meeting the lawyers ranged from 30 to 45 days in some cases. During the interrogations, the detainees suffered from different forms of both physical and psychological torture. The methods used against them included, but were not limited to harsh beating, sleep deprivation, solitary confinement, stress positions, the denial of basic hygiene needs, sexual harassment, threatening and intensive psychological torture including the use of family members and/or other detainees.
The threats used include threats of rape, torture, and revocation of residency. The severe torture and humiliation these detainees suffered from, led to injuries, broken bones, fainting, vomiting, bleeding from different parts of the body (nose, mouth, hands, legs[1] and genital area). In addition, the detainees also suffered from the false assessment made by doctors at the interrogation centers, whom almost in all cases stated that the detainees are qualified for interrogations denying the clear signs of torture.
A short description of some of the torture techniques:
- Positional torture (stress positions): Israeli intelligence officers forced the detainees into a number of stress positions such as the banana position,[2] the frog position, sitting on an imaginary chair, squatting and many other different positions. Almost in all of these stress positions, the detainees would lose their balance and fall on the ground, which would lead to a harsh beating by the officers and then forcing the detainee back into the stress position. Other used stress positions included standing on their toes while their hands were shackled above their heads to a wall. Another position included sitting on a chair while handcuffed to the back, where the hands were positioned on a table behind the detainee’s chair. A third position involved the detainee laying on the ground with his/her hands chained to each other with iron cuffs and positioned behind his/her back. This position also includes officers sitting on the detainee to place pressure on his/her body while beat him/her ferociously.
- Harsh beatings: Israeli occupation intelligence officers used extreme methods of beatings against the detainees using their hands, legs, knees and even their fingers. The officers hit, slapped, punched, poked (using their fingers), and kicked the detainees. These methods resulted in severe and life-threatening injuries that included broken ribs, inability to walk, brutal bruises, swelling marks on the skin, ulcer wounds… etc. The officers, who exceeded five in number in some cases used to blindfold the detainees’ eyes so they would not expect the beating or know where it is coming from. Several of those detainees appeared in their court sessions with marks on their bodies, expressing severe pain, or in some cases arrived on wheelchairs. In one of the cases, the harsh beating was committed with the intention to kill the detainee, who was in fact transferred to the hospital in serious condition after around 30 hours of severe and extreme methods of beatings. In another case, the harsh beating aimed at injuries caused by a police dog during the arrest, the interrogators intended to target those previously obtained injuries, which were mainly on the detainee’s genital area causing the wounds to re-open twice. Also, in many other cases, the method of pulling the facial hair from its roots causing injuries and swelling marks was used.
- Sleep deprivation: this technique was implemented through different methods, in some cases the detainees spent around twenty days sleeping from one to three hours a day. Even when those detainees were sent to their cells to sleep, they would be disturbed with loud and eerie sounds made by the prison guards, the voices of other detainees being harshly beaten or the sound of knocking on their cell doors. In some cases, sleep deprivation ranged from 30 to 60 continuous hours, where the detainee would not be sent to sleep at all during these hours and would be woken up if he/she falls asleep during the interrogation. Some detainees were harshly slapped on their faces to wake up, others were also splashed with water. Detainees described the slaps as extremely severe causing them to feel dizzy.
- The use of family members (emotional blackmailing): psychological torture and ill-treatment were used on the majority of these detainees, focusing on threats against their family members, and loved ones. Israeli occupation forces used the policy of collective punishment through arresting and bringing in some of the family members mostly to al-Mascobiyya interrogations center and Ofer prison. Eight family members for seven different detainees were arrested, and another ten family members were brought in for questioning. Some of these relatives were kept for a number of days while others were kept for hours. In all the cases, family members and loved ones were mainly brought in to pressure the detainees themselves. The interrogators made the detainees assume that their relatives got arrested and will be tortured as well. Relatives included fathers, mothers, brothers, daughters, wives, etc.
- Interrogation at Israeli secret prisons: at least one of the detainees Addameer has documented their cases have stated that they were taken to unknown centers. The detainee said that the interrogators at this center were all face-covered and wearing a different uniform than the known usual uniforms. It has been revealed in the past that Israel has secret prisons that are removed from maps and airbrushed aerial photographs.[3]
These detainees that were subject to torture and ill-treatment in the past months were around 50 detainees, almost half of them were subject to torture, and all of them suffered ill-treatment. The detainees included male and female detainees, they also included university students, union workers, human rights defenders, and a PLC member. Addameer’s lawyer began collecting hard evidence proving the torture and ill-treatment committed against these detainees from the very first day the lawyers were permitted to meet them.
Public International Law
Violations of Fair Trial Guarantees
Israeli military courts completely disregard the fair trial guarantees. The cases monitored in the last months are just another proof of the fact that the Israeli military court from its creation never met the minimum standards of a fair trial. The right to a fair trial is enshrined in all the Geneva Conventions and their Additional Protocols. [4] According to the Third and Fourth Geneva Conventions, depriving a protected person a fair and regular trial is a grave breach.[5] Additionally, the right to a fair trial is set forth in the International Covenant on Civil and Political Rights (ICCPR) and in several other international instruments.[6] For example, the UN Human Rights Committee in its General Comment on Article 4 of the ICCPR stated that the principle of the fair trial cannot be derogated from.[7]
The fair trial guarantees basic principles that are systematically violated at the Israeli military courts include, but are not limited to the following; trail by an independent, impartial and regularly constituted court; presumption of innocence; information on the nature and cause of the accusation (right to be informed); necessary rights and means of defense (right to counsel); the presence of the accused at the trial; and compelling accused persons to testify against themselves or to confess guilt.[8]
As mentioned before, there was a gag order effective for a period of over three months, due to this gag order the court proceedings were not open to the public, and even preventing the family members from attending the court sessions. Thus, violating the right to public proceedings.[9] Also, the majority of the detainees who were included in the gag order were also banned from lawyers’ visits and consultation. Even in the court sessions that were conducted while the lawyers’ ban was effective, detainees were denied to see his/her lawyer. The period of the lawyers’ ban orders ranged from 30 days to around 45 days in some of the cases, depriving them of their right to counsel[10] in the most sensitive period of detention.
Moreover, according to the Israeli military law, a detainee can be held without any charges for a total period of 75 days that is subject to renewals. In those cases, in particular, the military prosecution pressed lists of charges after a period of interrogations that ranged from 50 to 60 days in some of the cases. One of the detainees spent more than 100 days at al-Mascobiyya interrogation center without knowing all of the charges brought against him. Thus, violating detainee’s right to be informed[11] of the nature of the accusations brought against them without delay. In other cases, the intelligence agency published accusations against individuals to the public before presenting them with their list of charges at the court. The published statements were for a mere political motive as the actual charges pressed against the same detainees at the military court are not in line with the published accusation.
Furthermore, according to the court sessions’ protocols, detainees have shown and expressed their need for urgent medical care by emphasizing that they were tortured. Some of the detainees attended their sessions in a wheelchair and one was not able to attend a number of his sessions due to his medical situation. Still, the judge at the military court in all of the cases extended the detention periods for the detainees for the purposes of interrogations. In fact, in the past three months, Addameer’s lawyers made several appeals to the Israeli military courts of appeals on the detention periods and many petitions to the Israeli High Court on the orders that ban the detainees from meeting their lawyers. All the petitions submitted to the Israeli High Court were rejected and around 95 percent of the appeals made to the Israeli military court of appeals were also rejected. This shows how the military court and High Court are not independent, impartial and regularly constituted courts[12] as they prioritize the requests and needs of the Israeli intelligence agency without any consideration of the detainees’ rights. Most importantly, the insistence of the Israeli judges at both courts to extend the interrogation periods with the knowledge of the committed torture shows the complicity of this legal system in the committed crimes. In fact, the judges also obstructed the documentation of torture by attempting to delay the obtaining of medical reports and pictures of the bodies of those tortured detainees, rather than monitoring and preventing torture, which is their legal obligation. Only in one of the cases, the judge ordered the detention center’s doctor to document the body of the detainee by taking pictures.
Finally, almost all of those detainees were forced to give confessions under torture. The intensity of the interrogations and severity of the physical and psychological torture forced the majority of the detainees to testify against themselves, against others, and confess guilty.[13] At the Israeli military court, those confessions are used as the main tool to indict those detainees, in complete disregard of all international norms that assert on the inadmissibility of all confessions obtained under torture.
Prohibition of Torture in Public International Law
Prohibition against torture is one of the most fundamental norms of international law that cannot be derogated from. The protection against torture under all circumstances is enshrined in both Treaty[14] and Customary International Law.[15] Despite the absolute and non-derogable prohibition against torture, enshrined under article (2) of the International Convention against Torture and ratified by Israel on 3 October 1991, torture against Palestinian detainees is systematic and widespread in Israeli occupation prisons and interrogation centers. In fact, torture has been sanctioned by a series of Israeli High Court decisions. In High Court decision number 5100/94 in 1999,[16] the High Court made permissible the use of “special means of pressure” in the case of a “ticking bomb” scenario, where interrogators believe that a suspect is withholding information that could prevent an impending threat to civilian lives as stated in Article (1)34 of the Israeli Penal Code of 1972. This exception constitutes a grave legal loophole that legitimizes the torture and cruel treatment by the Israeli intelligence interrogators against Palestinian detainees and also protects interrogators who are granted impunity for their crimes.
Moreover, the Israeli High Court, in the Tbeish case number 9018/17 in 2018,[17] issued a ruling which expanded the concept of a “ticking bomb” scenario to include cases that are not imminent security threats. In this case, the judge based his ruling on previous decisions and broadened the element of immediacy not to be limited with a time frame. The Israeli occupying state alleges that the “special measures” they use with Palestinian detainees are part of their security measures. However, those practices amount to torture and ill-treatment, and even if the Israeli allegations were accurate, torture is absolutely prohibited in all circumstances including those of security-related measures. Furthermore, torture is committed in Israeli interrogation centers regardless of the classification of a “ticking bomb situation/special measures” torture is used with cases that even include the right to affiliation and organize politically.[18]
International legal standards affirm the absolute prohibition of torture under all circumstances. For example, the Council of Europe outlined guidelines on human rights and fighting terrorism which was adopted by the Committee of Ministers on 11 July 2002. The guidelines stated: “The use of torture or of inhuman or degrading treatment or punishment is absolutely prohibited, in all circumstances, and in particular during the arrest, questioning and detention of a person suspected of or convicted of terrorist activities, irrespective of the nature of the acts that the person is suspected of or for which he/she was convicted.”[19]
The United Nations Special Rapporteur on Torture, Nils Melzer, stated: “The ban on torture and ill-treatment was one of the most fundamental norms of international law and could not be justified in any circumstances.”[20] He added in the same statement speaking about the American prison at Guantanamo Bay that, “By failing to prosecute the crime of torture in CIA custody, the U.S. is in clear violation of the Convention against Torture and is sending a dangerous message of complacency and impunity of officials in the U.S. and around the world.”[21] The Israeli occupying state is an outrageous example of complicity and absolute impunity for perpetrators of the crimes of torture and ill-treatment.
Conclusion: Impunity for a war crime
This Israeli illegal occupation has violated all the legal elements of an occupation under international law. The Israeli legal system and practices are just one example of this violation that aims for suppressing and dominating the Palestinian protected population. Crimes of torture and denial of a fair trial for Palestinian detainees are not limited to one perpetrator. In fact, the agencies complicit in those crimes include the intelligence agency, military court, military prosecution, Hight Court, and even the medical staff that were involved in providing medical care and assessment for those detainees subjected to torture and ill-treatment.
According to various human rights organizations fighting against the crimes of the occupation, there are no effective domestic mechanisms of accountability for the crimes of torture, ill-treatment and the deprivation of a fair trial. In point of fact, Addameer, in the last ten years, has annually submitted tens of complaints of torture, and only one of them, a sexual harassment case, was open for investigation. However, rather than pressing a list of charges against the perpetrators, in this case, it was closed without indictment. Furthermore, according to the Public Committee Against Torture in Israel (PCATI), about 1,200 complaints of torture during Israeli interrogations have been filed since 2001. All the cases were closed without a single indictment.[22]
Finally, Addameer affirms that the Israeli occupying state with all of its agencies continues to commit war crimes and crimes against humanity. According to the Rome Statute, the denial of a fair and regular trial is a war crime (Article 8 (2)(a) (vi)). Additionally, torture is a war crime (Article 8 (2)(a) (ii)) and if committed in a systematic and wide-scale approach it also amounts to a crime against humanity (Article 7 (1)(f)).[23]
Addameer calls on the international community to hold Israel accountable for its war crime and crimes against humanity and to put an end to its sanctioned absolute impunity.
[1] The hands and legs of those detainees suffered great injuries mainly due to the cuffs used to chain them for long hours.
[2] The banana position is a position in which the detainee’s legs cuffed to the lower part of a chair (the back of the chair is positioned to the side) and his hands cuffed to each other and pressured by the interrogators to the lower part of the chair. This position would mean that the detainee’s body would form an arch. Usually, when the detainee is forced into this position, the interrogators beat the detainee harshly on the chest and stomach. Interrogators put a blanket or a pillow on the floor behind the chair, since detainees usually fall with the chair to the floor, due to the intensity the body is exposed.
[3] For further information check the written article on https://www.theguardian.com/world/2003/nov/14/israel2
[4] First Geneva Convention, Article 49; Second Geneva Convention, Article 50; Third Geneva Convention, Articles 102–108; Fourth Geneva Convention, Articles 5 and 66–75; Additional Protocol I, Article 75(4); Additional Protocol II, Article 6(2).The principle of the right to fair trial is also provided for in Article 17(2) of the Second Protocol to the Hague Convention for the Protection of Cultural Property.
[5] Third Geneva Convention, Article 130; Fourth Geneva Convention, Article 147; Additional Protocol I, Article 85(4)(e).
[6] International Covenant on Civil and Political Rights, Article 14(1) (ibid., § 2796); Convention on the Rights of the Child, Article 40(2)(b)(iii) (ibid., § 2802); European Convention on Human Rights, Article 6(1) (ibid., § 2795); American Convention on Human Rights, Article 8(1) (ibid., § 2797); African Charter on Human and Peoples’ Rights, Article 7 (ibid., § 2801).
[7] UN Human Rights Committee, General Comment No. 29 (Article 4 of the International Covenant on Civil and Political Rights) (ibid., § 2998).
[8] For further information check rule 100 of the customary international law at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule100
[9] Third Geneva Convention, Article 105; Fourth Geneva Convention, Article 74; Additional Protocol I, Article 75(4)(i); ICC Statute, Article 64(7); ICTY Statute, Article 20(4); ICTR Statute, Article 19(4); International Covenant on Civil and Political Rights, Article 14(1).
[10] First Geneva Convention, Article 49; Second Geneva Convention, Article 50; Third Geneva Convention, Article 84, and Article 96; Fourth Geneva Convention, Article 72, and Article 123; Additional Protocol I, Article 75(4)(a); Additional Protocol II, Article 6(2)(a). Also, the International Covenant on Civil and Political Rights, Article 14(3).
[11] Third Geneva Convention, Article 96, and Article 105; Fourth Geneva Convention, Article 71, and Article 123; Additional Protocol I, Article 75(4)(a); Additional Protocol II, Article 6(2)(a). Also, the International Covenant on Civil and Political Rights, Article 14(3)(a); Convention on the Rights of the Child, Article 40(2)(b)(ii).
[12] Third Geneva Convention, Article 84; Additional Protocol II, Article 6(2); Additional Protocol I, Article 75(4); International Covenant on Civil and Political Rights, Article 14(1); European Convention on Human Rights, Article 6(1).
[13] Third Geneva Convention, Article 99; Additional Protocol I, Article 75(4)(f); Additional Protocol II, Article 6(2)(f); ICC Statute, Article 55(1)(a); International Covenant on Civil and Political Rights, Article 14(3)(g); Convention against Torture, Article 15.
[14] First Geneva Convention, Article 12; Second Geneva Convention, Article 12; Third Geneva Convention, Article 17; fourth paragraph (“physical or mental torture”) Article 87, Article 89 (“inhuman, brutal or dangerous” disciplinary punishment), and Article 32; Additional Protocol I, Article 75(2); Additional Protocol II, Article 4(2); ICC Statute, Article 8(2)(c)(i) and (ii); International Covenant on Civil and Political Rights, Article 7; European Convention on Human Rights, Article 3.
[15] For further details check Rule 90 at: https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_cha_chapter32_rule90
[16] HCJ 5100/94, Public Committee Against Torture in Israel et al. v. Government of Israel et al., Judgment. An English translation of the Court decision is available at: http://www.hamoked.org/files/2012/264_eng.pdf [accessed 5 December 2019].
[17] HCJ 9018/17, Firas Tbeish et al. v. The Attorney General. An English translation of the Court decision is available at: http://stoptorture.org.il/wp-content/uploads/2017/02/F.-Tbeish-Ruling-Nov.-2018.ENG_.pdf [accessed 22 December 2019].
[18] Joint report: B’Tselem and HAMOKED (2010): Impunity: Israeli military policy not to investigate the killing of Palestinians by soldiers https://www.btselem.org/download/201010_kept_in_the_dark_eng.pdf
[19] Guidelines on human rights and the fight against terrorism adopted by the Committee of Ministers on 11 July 2002 at the 804th meeting of the Ministers’ Deputies
[20] Miles, Tom. “U.N. Expert Says Torture Persists at Guantanamo Bay; U.S. Denies.” Reuters, Thomson Reuters, 13 Dec. 2017, www.reuters.com/article/us-usa-guantanamo-torture/u-n-expert-says-tortur….
[21] Ibid.
[22] Public Committee Against Torture in Israel, Torture in Israel 2019: Situation Report, it can be found here: Situation Report 2019.
[23] For further information check the Rome Statute of International Criminal Court at: https://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalCriminalCourt.aspx
License to kill for Britain’s secret service makes UK a police state
By Finian Cunningham | RT | December 23, 2019
A ruling by British judges declaring it legal for Britain’s state security service – MI5 – to shield agents or informers from prosecution for crimes committed in the line of duty is a hugely sinister development.
The ruling by the Investigatory Powers Tribunal (IPT) last week represents a formalizing of secret British government policy of affording its internal security service unlimited powers and immunity from prosecution in the execution of activities. The policy was legally contested by four British human rights groups, calling on the IPT to ban such powers.
However, the tribunal of five judges concluded it was lawful for MI5 agents to be permitted to commit crimes if, by doing so, they were acting in the public interest of national security. Two of the judges dissented. They explicitly raised concerns that the policy sets a “dangerous precedent” and “opens the door to abuse of power”.
Daniel Holder, deputy director of the Committee on the Administration of Justice (CAJ), one of the four groups protesting the existing policy, said the narrow-majority ruling shows there is deep misgivings even within the state about the sinister potential of such unlimited power for Britain’s security forces. CAJ and the other groups are to appeal the ruling in the courts.
“We are very concerned that this ruling for now permits MI5 to continue to authorize informant or agent involvement in serious crime,” said Holder in comments for this article. “This could include crimes that constitute human rights violations. There were such experiences during the Northern Ireland conflict of informant-based paramilitary collusion, with agents of the state involved in acts as serious as murder and torture.”
During that conflict (1969-98), British military intelligence are known to have been involved in systematic levels of collusion with paramilitary agents and informers as part of a counterinsurgency campaign. The outcome was hundreds of extra-judicial killings carried out with the covert consent of British state agencies. One of the most notorious was the murder of Belfast lawyer Pat Finucane in 1989. Former British Prime Minister David Cameron admitted before parliament in 2012, following the publication of a government report into the Finucane killing, that the collusion in the case represented “shocking” abuse by Britain’s military intelligence.
What the latest ruling by the five-judge tribunal demonstrates is that there is still a policy of impunity for British state agents and their informants if their criminal activities are deemed to be essential in the service of national security. That is an insidiously low bar of subjectivity which allows for a modus operandi of “any means necessary”.
The British government is arguing that for agents and informants to carry out their covert work effectively, then they must have the power to lawfully participate in criminal activities for the sake of maintaining their cover. In short, they have a license to kill. But what makes the British state policy disturbingly sinister is that it is a secret policy that is off limits to legal and public scrutiny.
Says CAJ’s Daniel Holder: “All police and security services the world over use informants. They are a vital policing tool, but they have to be used lawfully, and the question always is: where do you draw the line as to what they are allowed to do? On occasions where absolutely necessary this may involve informants being involved in crimes like conspiracies with a view to thwarting them; but the bottom line is that informants can never lawfully be ‘authorized’ to be involved in serious crimes that constitute human rights violations, such as kidnaping, killings and false imprisonment, nor can they act as agent provocateurs, all of that is illegal.”
Northern Ireland serves as a grim case study where military police powers ran amok. Independent local human rights groups, such as CAJ and Relatives for Justice, contend that the so-called secret intelligence war waged by the British state was not only unlawful, it also prolonged the conflict and exacerbated the death toll.
Many of the killings suspected to have involved British agents or informers remain unsolved. Those murders have left a poisonous legacy for the citizens of Northern Ireland to deal with.
Rather than being restrained by this nefarious episode, it seems the British authorities are more determined than ever to extend the powers of their security services to act with impunity. If such a policy cannot be scrutinized or challenged in the courts by prosecution of alleged offenders then that leaves one to conclude that Britain is not a state of law but rather one ultimately run like a police state.
If British security agencies are above the law to commit any crime deemed necessary for their function, that opens a Pandora’s Box of baleful consequences.
We only have to look at countries where police forces more openly operate with impunity to see where the lawless direction leads to. A notorious example is Brazil, where police units are estimated to kill on average 17 people every day in supposed crackdowns on organized crime. The rampant use of extra-judicial assassination is largely a result of widespread immunity afforded to police officers.
Today’s Britain may seem like a million miles away, figuratively, from somewhere like Brazil or The Philippines where police forces also wield extensive lethal violence with impunity. However, once the rule of law is discarded for state forces, there is no longer a safeguard against abuse of power. It’s a slippery slope towards systematic violence and corruption.
Earlier this year, there was a public outcry in Britain when it emerged that Eton College – one of Britain’s elite private schools and Prime Minister Boris Johnson’s alma mater – had set an exam question for entrant students asking them to justify the use of lethal force to kill rioters.
The question set by the Eton examiners read: “The year is 2040. There have been riots in the streets of London after Britain has run out of petrol because of an oil crisis in the Middle East. Protesters have attacked public buildings. Several policemen have died. Consequently, the Government has deployed the Army to curb the protests. After two days the protests have been stopped but twenty-five protesters have been killed by the Army. You are the Prime Minister. Write the script for a speech to be broadcast to the nation in which you explain why employing the Army against violent protesters was the only option available to you and one which was both necessary and moral.”
There you have it: “necessary and moral” means anything goes in the name of national security. Just like the legally approved license to kill granted to MI5.
Evidently, Britain’s ruling class is wary of civil unrest sometime in the future. It could be sparked by Brexit or economic austerity. The use of lethal force to quell public protests is an option. The ruling by British judges endorsing an existing secret government policy of impunity for MI5 shows that Britain is but a step from being a police state. If not there already.
Trump administration and Moscow shoot down bipartisan DASKA “sanctions bill from hell”
By Sarah Abed | December 23, 2019
In August of 2018, Senators Lindsey Graham (R-S.C.) and Robert Menendez (D-N.J.) first introduced what Graham referred to as a “sanctions bill from hell” targeting Russia and President Vladimir Putin and making it harder for the United States to leave NATO. Despite bipartisan grievances with Moscow the bill didn’t gain much traction.
The measure to push President Trump to take a tougher stance against Russia over alleged election interference, aggression towards Ukraine and involvement in Syria’s proxy war is titled the Defending American Security from Kremlin Aggression Act (DASKA) and would impose strict and broad penalties.
In February of this year, DASKA was reintroduced with Senator Graham stating the following, “Our goal is to change the status quo and impose meaningful sanctions and measures against Putin’s Russia,” and “He should cease and desist meddling in the U.S. electoral process, halt cyberattacks on American infrastructure, remove Russia from Ukraine, and stop efforts to create chaos in Syria.”
During a Senate Floor speech on February 7th, Senator Menendez even went as far as saying that he speculated whether President Trump “is an asset of the Russian government” and concluded his speech by saying, “this Administration’s deference to the Kremlin demands Congress be proactive in shaping U.S. foreign policy toward Russia, especially with respect to sanctions.”
Fast forward to last Wednesday when the U.S. Senate Foreign Relations Committee advanced the bill with a 17-5 vote. The next step is for the legislation to pass the full Senate and House of Representatives before it can be brought to President Donald Trump to sign into law or veto.
However, the White House has already stated their opposition to DASKA, which targets Russian banks, Russia’s cyber sector, new sovereign debt, and would impose measures on its oil and gas sectors. The bill also imposes several requirements on the State Department including generating reports investigating President Putin’s wealth, opposition figure Boris Nemtsov’s 2013 assassination and whether to designate Russia as a state sponsor of terror.
As for NATO, DASKA would ensure that without approval from a Senate supermajority the United States can not leave. This is in response to President Trump’s various comments about wanting to leave and criticism of other NATO members for not spending enough on defense.
The Trump administration and Moscow are on the same page when it comes to DASKA. Russian Foreign Minister Sergei Lavrov called DASKA “senseless” and in a 22-page letter to Congress it was referred to as “unnecessary” and in need of “significant changes”. Although the administration stated that they too want to deter and counter Russian subversion and aggression they strongly oppose the bill in its current form.
It seems rather unlikely that this bill will pass and in the very slight chance that it does these sanctions will not deter Moscow or bring about any significant change in their domestic and foreign policies.
Robert Legvold, the Marshall D. Shulman Professor Emeritus of Post-Soviet Foreign Policy at Columbia University, stated “As has been the experience since the first U.S. and EU sanctions in 2014, the effect on Russian foreign policy behavior will almost certainly be close to zero-other than perhaps encouraging initiatives that the Russian leadership believes may be disruptive in U.S. relations with its European allies.”
Although Democrats and some Republican’s such as Senator Graham sometimes manage to inadvertently bring the Russian and American heads of states together on some issues such as DASKA and President Trump’s impeachment, those moments are usually short lived. As we saw a few days ago, President Trump signed the 2020 National Defense Act with a $738 billion budget which included legislation imposing sanctions on firms laying pipe for Nord Stream 2, an $11 billion gas pipeline project meant to double gas capacity along the northern Nord Stream pipeline route from Russia to Germany, upsetting all parties involved.
Germany firmly rejected the US sanctions and referred to them as incomprehensible as they affect Berlin and other European companies as well. The imposition of sanctions against EU companies who are conducting legitimate business is rejected by the European Union as well. Russia stated that they would stick to the schedule and carry out their projects regardless of sanctions.
The current and previous White House administrations opposed this project over claims that it would embolden President Putin’s influence by increasing his political and economic sway in Europe. With the United States currently ranked as the world’s top oil and gas producer, it’s clear to see that sanctions such as these are meant to influence European allies to buy American instead of Russian oil and products.
On Friday, Allseas the Swiss-Dutch company contracted to do the work announced that it had suspended pipe-laying activities in anticipation of the enactment of the National Defense Authorization Act (NDAA). On Saturday, Allseas stated, “Completing the project is essential for European supply security. We together with the companies supporting the project will work on finishing the pipeline as soon as possible.”
Russian FM Lavrov met with President Trump at the White house earlier this month and mentioned that they covered at least a dozen substantial issues, and that both the White house and Russia are interested in dialogue. It will be interesting to see if President Trump can successfully balance his desire to expand trade ties and continue dialogue with Russia, by pushing back legislation from Congress to increase sanctions under DASKA, all while sanctioning Nord Stream 2 under the NDAA. What level of chess would that be?
Sarah Abed is an independent journalist and analyst.