Snowden Accuses UK Gov’t Of Leaking Documents He Never Leaked To Make Him Look Bad
By Mike Masnick | Techdirt | August 23, 2013
The UK’s Independent newspaper today had an “exclusive” article, in which they claim that documents from Ed Snowden’s leaks revealed a secret internet surveillance base in the Middle East run by the UK government. There’s just one problem. While the article implies (though does not state) that it got those documents from Snowden, Snowden says he’s never talked to nor given anything to The Independent. Instead, he argues, that he’s worked carefully with key journalists (namely, Glenn Greenwald, Laura Poitras, and Barton Gellman) to make sure that the things they publish don’t reveal anything that might put anyone in danger. Snowden suggests, instead, that this is the UK government itself releasing this information in an attempt to “defend” the detention of David Miranda.
I have never spoken with, worked with, or provided any journalistic materials to the Independent. The journalists I have worked with have, at my request, been judicious and careful in ensuring that the only things disclosed are what the public should know but that does not place any person in danger. People at all levels of society up to and including the President of the United States have recognized the contribution of these careful disclosures to a necessary public debate, and we are proud of this record.
It appears that the UK government is now seeking to create an appearance that the Guardian and Washington Post’s disclosures are harmful, and they are doing so by intentionally leaking harmful information to The Independent and attributing it to others. The UK government should explain the reasoning behind this decision to disclose information that, were it released by a private citizen, they would argue is a criminal act.
If you read the Independent’s coverage carefully, they never actually claim they got the documents from Snowden, even if they leave that impression. Instead, they claim that “information on [the base’s] activities was contained in the leaked documents obtained from the NSA by Edward Snowden.” In other words, they got that information from someone else — almost certainly the UK government. And, yes, that’s convenient timing for the UK government to claim that some of the documents that Snowden downloaded might contain useful information to terrorists, so that they can then turn around and argue that they detained Miranda and took all of his electronics (and destroyed a Guardian hard drive) to avoid having this information “fall into the hands of terrorists.”
The Independent article also implies that the UK government is afraid that Greenwald is going to start revealing this type of info in response to the Miranda detention, even though there’s no basis to believe that all. Greenwald has been quite careful so far not to reveal any information that puts anyone at risk, so it’s odd to believe that he’d start doing so now. Of course, it’s fairly bizarre since the Independent story itself contains tons of details — the kinds of details that Greenwald has avoided.
If Snowden’s assertion is correct — and it does seem like the most plausible argument at this point — then it highlights the ridiculous lengths to which the UK government is going: releasing potentially damaging information that Snowden himself has avoided revealing just to suggest that Snowden was leaking damaging information. Incredible.
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UK Supreme Court votes to lift sanctions on Iranian bank
Tehran Times | June 19, 2013
LONDON – The UK Supreme Court has ruled in favor of Bank Mellat, Iran’s largest private bank, in a result which will see it removed from the United Kingdom’s sanction list.
The appeal was heard by nine out of the Supreme Court’s twelve judges after the UK’s highest court was forced to enter closed session for the first time in its history, in order to receive secret evidence from the security services.
Her Majesty’s Treasury imposed sanctions against the bank in 2009 alleging that the bank’s activities supported the Iranian nuclear program, but Wednesday’s ruling found no evidence to support this claim. The UK Supreme Court result follows similar success for the bank at the European Court in January of this year in respect of sanctions which had been imposed on the bank by the EU Council.
The ruling is a blow to the controversial system of “secret courts” which have allowed the security services to provide evidence to the Supreme Court behind closed doors for the first time in its history.
The Supreme Court reluctantly entered into closed session in March, effectively barring the bank from accessing the evidence against it. Zaiwalla & Co Solicitors, the London-based international law firm representing the bank, had argued against the imposition of closed courts on the grounds that it contravenes the British common law principle of open justice. The failure of the Treasury to produce compelling evidence, despite the controversial new powers, puts the spotlight back on the Justice and Security Bill, which expanded the system of closed courts to civil cases.
The ruling sends a strong message to the UK government that political expediency is not a sufficient legal justification for sanctions placed against Iranian private businesses which operate out of Iran. The Supreme Court is now expected to order the British government to pay Bank Mellat all of its legal costs and damages for the wrongful listing of Bank Mellat.
After initial failure to challenge sanctions before the English High Court and the Court of Appeal, Bank Mellat turned to Zaiwalla & Co in 2010 and has since gone from strength to strength in the European and now Supreme Court. The firm, led by Sarosh Zaiwalla, have shown that even in cases of national security, the UK government must abide by the rule of law, with the some of the justifications for the sanctions considered “arbitrary”, “discriminatory” and even “irrational”.
Sarosh Zaiwalla, senior partner at Zaiwalla & Co said, “Today’s ruling is a victory for the rule of law as much as it is for Bank Mellat.
“The judgment will put enormous confidence in the independence of the British judiciary and sets an example that even controversial disputes can be resolved by applying the principle of rule of law through the British courts.
“Nevertheless, the reading of the closed judgment clearly contravenes the British principle of open justice, the bank’s success demonstrates just how unjustified closed sessions are.”
UN lashes out at Britain’s human rights record
RT | June 2, 2013
The UN’s torture watchdog has hit out at the British government for human rights abuses. In its harshest criticism yet of the British government, the panel warned that urgent action is needed for the country to meet international standards.
The UN Committee against Torture focused on human rights abuses during the so-called war on terror and the mistreatment of prisoners in British custody in Iraq. It also flagged up some 40 separate incidents on which the UK government must act.
The findings highlighted the British governments actions following 9/11 and the commission urged the British government to quickly establish an inquiry into whether detainees held overseas were ill-treated or tortured by British officials.
The report reads that the committee is “deeply concerned at the growing number of serious allegations of torture and ill-treatment, as a result of the state party’s military interventions in Afghanistan and Iraq.”
The UN team also slammed what they called “an escape clause” in the Criminal Justice Act (1988), which allows British officials to escape prosecution for inflicting severe pain or suffering if they can show that they had “lawful authority, justification or excuse” for doing so.
Another legal loophole the committee voiced concern about is the Intelligence Services Act (1994), which effectively insures that intelligence officers cannot be prosecuted within the UK once a warrant giving them lawful authority has been signed by a government minister.
The panel was disappointed at the failure to date to prosecute anyone for the torture of Iraqi prisoners and in particular the failure to convict anyone for the murder of Baha Mousa who died in British custody in 2003. Only one soldier received a one-year sentence for admitting inhumane treatment.
There was also concern with the government’s planned introduction of secret court procedures in July for issues that may affect national security under the Justice and Security Act. Closed Material Procedures as they are known make it easier to use hearsay evidence or evidence obtained through torture, the committee maintains. The system of Special Advocates – lawyers who are vetted and chosen by the government – “have a very limited ability to conduct a cross-examination and cannot discuss full content of confidential materials with their client thus undermining the right to a fair trial,” the report reads.
The watchdog also urged the UK government to halt the deportation of failed asylum seekers to Sri Lanka. The deportation of failed Tamil asylum seekers has led to their torture or ill-treatment on return and the UK government hasn’t changed its policy on the issue despite a ruling by the High Court in February ordering them to suspend deportations.
The government was criticized in its handling of the case of Shaker Aamer, the last remaining UK resident in Guantanamo. The committee regretted that despite the “best endeavors” of the UK to try and get him released “there are no encouraging signs of this happening soon”.
There were also accusations against the UK government on several issues connected with Northern Ireland. The Northern Irish justice system must abolish all non-jury trials the report concludes, adding that historical investigations into past misconduct, particularly of military officials, must not be delayed or suspended.
The committee asked that police officers only use tasers when they face “a real and immediate threat to life or risk or serious injury”.
There was also unease that the age of criminal responsibility in England, Wales and Northern Ireland has not been raised from 10-years, despite calls by more than 50 organizations for this to be done.
Further concerns were raised about the steady increase of the prison population over the past decade and the problem of overcrowding. To help rectify the issue the committee urged the government make wider use of non-custodial sentences.
In a further blow, committee members accused the UK delegation of being evasive when questioned about Britain’s human rights record during a two-day hearing in Geneva last month.
The British government was given a year to explain how it could improve its human rights record in 4 key areas: overseas torture, getting Shaker Aamer out of Guantanamo, stopping the forced deportation of Sri Lanka asylum seekers and setting up inquiries into past abuses in Northern Ireland.
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Britain seeking to lure kids into army by setting up military schools
Press TV – May 23, 2013
The British government has approved plans for opening controversial military-style state schools as a likely new method to lure British children into the armed forces.
The UK Education Secretary, Michael Gove is proposing a system of a chain of state-funded “free schools” that impose an influential Armed Forces culture at the same time that the United States government plans to do.
The revelation came as the Department for Education granted approval for one military-style school in Oldham – the first of its kind in Britain.
According to the plans, The Phoenix Free School will open from September 2014, which will be staffed by former members of the Armed Forces and led by an active Army captain.
Meanwhile, two campaign groups announced in April that the UK government continues to recruit 16 and 17-year-olds to its armed forces irrespective of the fact that most countries in the world had stopped the practice a long time ago.
The argument stated that while under-18s are banned in Britain from many activities considered harmful — including drinking alcohol and smoking — they are allowed to risk their lives in military exercises.
UK in damages talks with torture victims
Press TV – May 7, 2013
Britain is negotiating out-of-the-court settlements to compensate thousands of Kenyans severely mistreated under British colonial rule during the 1950s Mau Mau uprising.
According to a letter sent to lawyers representing some of the claimants, the Foreign Office has changed its mind on appealing last October’s High Court ruling that gave victims the green light to sue the government, The Guardian reported.
“The parties are currently exploring the possibility of settling the claims brought by our clients,” Dan Leader, a partner with the Leigh Day law firm told the paper.
“Clearly, given the ongoing negotiations, we can’t comment further.” He added.
The Foreign Office has refused to comment on the issue, but admitted the victims suffered “pain and grievance” during the bloody events of the Emergency period in Kenya.
Three victims won the case to sue the government at the High Court last year.
The trio’s lawyers said one of them was castrated, antoher severely tortured and the third subjected to appalling sexual abuse in detention camps during the Mau Mau rebellion.
There was also a fourth claimant Susan Ngondi who has died since legal proceedings began.
The British government has admitted to British forces’ torturing of detainees at the time following disclosure of a vast archive of colonial-era documents which the Foreign Office had kept secret for decades.
Related article
- Britain to pay out to Mau Mau victims (morningstaronline.co.uk)
Britons’ phone calls spied on routinely by UK police: Report
Press TV – April 20, 2013
British police forces are making as many as 250,000 requests to snoop on people’s email and phone call details every year, a new report reveals.
According to a survey, which was carried out by civil liberties and privacy campaign group Big Brother Watch, 25 police forces across Britain made 506,720 requests for people’s “communications data” over the past three years, The Telegraph reported.
The survey released under the freedom of information laws found that the number of requests for Britons’ phone or email records has risen from 158,677 in 2009-10 to 178,985 in 2011-12. However, the figure could be increased to up to 250,000 including estimates for the forces that failed to reply to the research.
This comes as the UK government is seeking more snooping powers through the controversial Communications Data Bill, which is due to be published in the summer.
The draft bill is dubbed as the Snooper’s Charter, because it is considered as a significant threat to British citizens’ privacy.
The measures mark a serious increase in the powers the British government has to order any communications provider to collect, store and provide access to information about emails, online conversations and texts.
Former British shadow home secretary David Davis said, “It is frankly not good enough that the government is considering introducing a snoopers’ charter without even being able to tell us what they have used communications data for in the past.”
British activists being detained in UK airports under anti-terrorism legislation on return home from Palestine
International Solidarity Movement, and Corporate Watch | February 28, 2013
Two British peace activists have been detained in recent weeks after arriving home from the West Bank, occupied Palestine. They have been detained and taken in for questioning, over suspected links with the International Solidarity Movement.
“We are concerned about the British police using anti-terrorist legislation to target non-violent pro-Palestinian activists. We are a transparent group, trying to uphold the principles of international law; even inside Israel the International Solidarity Movement is not considered illegal. We would encourage the British Police to ask any questions they wish to do so, directly, and not by detaining affiliated activists at the airport”
The Schedule 7 of the Terrorism Act 2000, which the two activists have been held on, allows the police, under certain specified circumstances, to arrest individuals without a warrant who are reasonably suspected of being terrorists. These laws are draconian measures which give the British police powers to detain suspects for up to 28 days without charge.
Schedule 7 is clearly being used as a tool to find out more about activists involved in a wide variety of types of political dissent and to provide profiles of activists for the police to use in trying to undermine political movements. None of the questions about movements in the UK were designed to root out terrorism or uncover the preparation for terrorism. In fact, the movements concerned have never even been accused of terrorism (with the exception of completely false accusations made against the ISM, see here).
Britain abstained at the last vote at the United Nations deciding whether Palestine should be accepted as a non-member observer state. But in the last two weeks the double standards of the British government in relation to Palestine and Israel have again been laid bare; Saeed Amireh, has been refused a visa to visit the UK. Amireh is a peaceful campaigner against Israel’s occupation and the theft of Nilin’s land. He was told he hadn’t provided “enough supporting documents”, even though he had supplied everything that was asked for, including a letter of invitation and guarantee from the UK Palestine Solidarity Campaign of his costs being paid.
The use of these powers as a way to clamp down on non violent activists from Palestine and Britain is not acceptable, what is the British government afraid of? Maybe the fact the activists, returning home from Palestine, work with Corporate Watch and have helped reveal the continued supply of weaponry from Britain to the Israeli army has made them a target. This is despite the current British arms export policy stating it won’t deliver weapons to any countries breaking UN treaties. British companies are still complicit in Israeli war crimes in Gaza, as was proved in the EDO Decommisioners case of 2011.
Read more about the misuse of these powers and much more at corporateoccupation.org
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