Over the last few months, I have ranted a few times about how I think that civil liberties in the UK (and to an extent the world over, but I don’t have first hand experience of that) are being eroded as a result of general fear and the media’s incessant pressure to convince people we live in dangerous times.

I also rant about this quite a bit in the real world where, the same as online, I am often faced with arguments which basically say there is nothing to worry about, the security forces are trustworthy and only guilty people need to have anything to hide. These arguments are basically false but it can be difficult to refute them, examples like the Guildford Four or Birmingham Six are distant memories now.

Recently, the latest spate of inept terrorists appear to have provided the impetus for the Home Secretary to be looking at reforms to the UK’s anti-terrorist related laws. As well as on this blog, even sites such as the Register have demonstrated some concern in both the driving force, and the results of this new fear-based-law society.

I have spoken in the past about the problems of detaining an innocent person for two months without even having enough evidence to charge them, and this remains (in my mind at least) still the critical issue over the whole deal. Taking someones life away from them, putting them in a cell and controlling their life is a punishment. Despite what the tabloids may try to make people think, it is not an easy time nor is it a “holiday” camp. Given that most UK prisoners are Christians (interesting considering…) someone detained as a suspected Islamic terrorist is at much greater risk of mistreatment by fellows inmates if they are detained with the general population, or they end up being put in solitary confinement for their own protection. Either way it amounts to a serious punishment that would normally require you were convicted of a criminal offence first (and a reasonably serious one to amount to two months detention).

It would be nice if we could be sure that the police forces across the UK would only enact this legislation on the most solid intelligence possible, and this is certainly what is claimed by the ministers and officials pushing for it. The problem is, this really is not the case. The police have no public accountability (for reasons I agree with) over their intelligence and neither the police nor the security forces are subject to any form of censure should they get it wrong. There is no real incentive for the police to adhere to this high standard — in fact, given the way figures are presented with the totals being more important then the amounts presented for trial, it seems the opposite is true.

A recent example of this has been bouncing through the news since the London/Glasgow terrorist event. One of the key suspects was an Indian born Doctor who was arrested in Australia based on UK police information. Dr Haneef has been identified repeatedly in the tabloids as a terrorist (suspect with lesser emphasis) over the past few weeks and the police were doing their utmost to have him sent back over here (in an ironic reverse deportation) so he could be detained under anti-terror legislation — this would have meant the police could detain him for 28 days under current laws, before having to bring charges.

So that the Australians would co-operate and deport Dr Haneef, the police shared a fair bit of their intelligence with them and this is a good thing. I am not pro-terrorist. As a result of this, the Australians detained Dr Haneef for several weeks and tried to bring a case against him.

Sadly, it appears the intelligence indicating he was linked to the terrorists is heavily flawed. The BBC reports:

Prosecutors had claimed that the doctor’s mobile phone SIM card had been found in the burning car that crashed into Glasgow international airport on 30 June.

But it later emerged the card had actually been found in a flat in Liverpool, some 300km (185 miles) from Glasgow, where his second cousin lived.

Blimey. Call me old fashioned but that is a serious mistake to make and, as the prosecutors were willing to present it as evidence when it was so wildly incorrect, it is worrying — it means they didn’t know their “evidence” was faulty. This is not a problem with intelligence, it is evidence. It seems that the police were unable to establish if they had gathered a vital piece of evidence at the crime scene or in a different country. That worries me. A lot. The BBC continues:

Australia’s most senior police officer, Commissioner Mick Keelty, said UK police had provided the inaccurate information.

“Haneef attempted to leave the country. If we had let him go, we would have been accused of letting a terrorist escape our shores,” he said.

The charges against Dr Haneef were dropped after Australia’s chief prosecutor said there had been mistakes made in the investigation, and because of a lack of evidence.

(read more on the BBCs article titled “Why the Haneef case disintegrated“) Sadly, it is probable that we only know of this because the case was handled by a foreign police force. If Dr Haneef had been detained in the UK, he could have been held for 28 days before any case was even made and if it collapsed in that time, there would be no public information as to what went wrong. Basically, Dr Haneef would have spent a month in jail because the police thought his SIM card was somewhere it wasn’t. Most of the current vitriol against the police over this case is aimed at the Australian police, but does anyone think the UK (or pretty much any other western nation) police are all that different?

I have said before that the main reason there is so much apathy over this is that it seems to target minorities, and that alone is a sign that we should all be concerned about the steady erosion of basic civil liberties. While, for now, it may seem like only the brown skinned ones with beards, funny accents and unpronounceable names are being singled out, once the right has been legally removed it is gone for everyone — Hindu, Atheist, Moslem, Jain or Christian alike (and it brings to mind Pastor Martin Niemöller‘s famous poem).

That is why I think it is really, really, important. [tags]Civil Liberties, Hindu, Atheist, Moslem, Jain, Australia, Christian, Dr Haneef, Anti-Terror Legislation, Laws, Civil Rights, Human Rights, Jail, Intelligence, Detention,Pastor Martin Niemöller, SIM Cards, Evidence, Trial,Terrorist,Terror,The Register, Society, Culture, Fear, Terrorism, Tabloids, Media[/tags]