Ministers object to normal treatment

You have to feel sorry for members of the government and their allies. I mean, how dare they be treated like mere mortals, when they are so obviously in need of special treatment – like being assumed innocent until proven otherwise.

In an interesting example of double standards, the former home secretary lashed out at the police for their heavy handed tactics: (from the guardian)

David Blunkett, the former home secretary, yesterday led a cross-party attack on the police for what he described as “overkill” in arresting the shadow home office minister, Damian Green, after he published Home Office documents allegedly leaked by a civil servant.

As fresh details emerged of a nine-hour police operation against Green, whose parliamentary computer was seized and whose wife was forced to witness a search of their London home, Blunkett questioned police tactics.

Drawing a parallel with police behaviour in the cash-for-honours affair, in which a former Downing Street aide was arrested in a dawn raid, he spoke of “the danger of overkill, of treating every case as though we are dealing with a suspicious character”.

Woo, cry me a river Mr Blunkett. The irony here is astounding.

Lets look at this: The police were investigating a possible crime and as part of this they seized items of evidence (computer) and conducted a warranted search of the home address. Gosh. I have a suspicion that in London alone this will have happened 100 times that day. Nationally, there will be over a thousand people who have “witnessed a search of their house” – most will turn out to be innocent. Interestingly, despite the claim in the paper, his wife wasn’t forced to watch – she could have left them to it.

In a nutshell, this is routine police work. Thanks to Mr Blunkett’s drive to increase the draconian powers of the police this is happening to people all over the country every day. We are closer and closer to being “guilty until proven innocent” and it is (largely) down to things that happened on Mr Blunkett’s watch. That he can now whine about overkill almost defies belief. That this gibberish has news coverage is equally bizarre.

Equally weird is the subheading that “Brown and Smith were not consulted” – why should they be? Police investigate illegal activity daily. That is their job. If they had to consult the PM before every police investigation it would truly grind to a halt (and the Bill would be a lot less interesting).

The actual case in question here is of so little interest it has hardly generated any news coverage. For example, the only reference to it in this particular article is:

The police inquiry began when the Cabinet Office made a complaint to the Met about the leaking of confidential information from the Home Office.

Yawn. It happens all the time so who cares. Politicians have become so slippery in their urge to court tabloid popularity they think nothing about “Leaking” things on purpose, so should we really get upset when it happens without their explicit approval?

The reality of daily life for normal people is that if the police think you have committed a crime (or are planning to, or thinking about, or know someone who has, or look like someone who has, or live near someone who has) then a dawn raid, followed by a house search and computer seizure is a constant possibility. This is the world Blunkett et al created (and Cameron will only perpetuate), why are they upset to live in it?

Terrorism and Fear vs Rights

Sadly, the annoyingly named, pot smoking, Jacqui Smith has been sounding off about the need to detain innocent people for longer periods of time.

As always, the BBC remains an excellent source of the worrying statements made by politicians, reporting:

“The time is now right” to reconsider extending detention without charge beyond the current 28 days limit, Home Secretary Jacqui Smith has said.

The article continues to discuss how she feels that the complexity of modern terrorist plots means the police need longer than 28 days to detain and question a suspect before they charge him or her. Worryingly, this seems to be garnering general public support and it has all the hall marks of the “reasonable” sounding claims I detest with a passion.

On the face of it, detaining terrorists for indefinite periods of time seems like a good idea – it is one of those things which make it difficult for people to argue against, I mean who wants to support terrorists? The same argument is used over a variety of crimes and it is almost always false.

Basically, the problem is that these are innocent people. The bedrock of western laws is that a person’s liberty can only be taken away from them under certain situations. Most of the time, the only way for this to happen is after a court of law finds the person guilty of certain offences. The primary exception to this is people who are charged with a grave offence and may prove to be a flight risk or a continued threat to the public, at which point they may be refused bail.

The current terror legislation (in that it is a law based on terror, rather than the principles of law or good governance) allows some one to be detained by the police for 28 days without any form of charge, nor is a formal charge required when the 28 day period runs out. It is unique in this respect, I can not for one second imagine someone being detained for 28 days while they were being investigated for vandalism…

In a nutshell, this means that someone without being charged of any crime can have their liberty taken away from them for a month. I am sure the police forces of the UK are (currently) professional enough to have some standard of evidence required before they enact this detention, but the fact remains this is something wide open to abuse. It takes no stretch of the imagination to see how this can be misused – especially as there is no censure, nor public oversight, over the police actions. They are not punished if they detain some one wrongly (accidentally or deliberately) and the innocent person wrongly imprisoned receives no restitution for their suffering.

Is this the way people envisage a western democracy treating its citizens?

The terrorists, who want to destroy what they see as a decadent society, seem to be winning and we are slowly becoming a police state in the manner of the Middle Eastern dictatorships we used to condemn.

As always, the irrational fear of terrorists seems to cloud people’s reasoning when it comes to detaining them – the old refrain about the public’s “right to life” being more important than the suspect’s “right to liberty” is the most common. It is also complete nonsense and draws an ad absurdum over itself like a cloak. The fear of a terrorist killing lots of people is used as the argument behind excessive pre-charge detention, however Harold Shipman killed more people than any terrorist in the UK and we do not detain Doctors for 28 days without charge on the off-chance they may be mass murderers.

Sadly, the main victims of this legislation are minority groups so the will of the masses overwhelms any complaints they may make. Oddly (although not odd for anyone who has thought about this rationally), the main effect of this legislation will be to further alienate and isolate a vulnerable group of people. The extremist rabble-rousers must be overjoyed at the thought of disgruntled Islamic youths who feel like the state is oppressing them unjustly.

As well as the potential deaths a terrorist could cause, another “reason” often cited for excessive detention is “the complexity” of a terrorist investigation. This is reasonable and actually has my full support, although I think that if the Home Secretary agrees that complex investigations should allow the police to detain suspects for long periods before charge, this should be applied across the board.

Complex criminal investigations are widespread in the modern society we live in. With the exception of terrorism the suspect remain free until a charge can be made though – some recent examples are footballers suspected of fraud, the Members of Parliament suspected in the “Cash for Honours” fiasco, companies suspected of financial crimes and the like. In not one of these cases was a suspect detained (without charge) for more than 24 hours – even though the investigations lasted months or years. Obviously the police are more than able to investigate people who are not sitting in the cells – even very rich people (all of the above) who are a real flight risk.

Ah, I hear the right wing cry out that these are “fraud” cases where no one will die as a result. Ok, that seems reasonable – although if someone loses their lives savings thanks to financial fraud and is left penniless at the age of 60, I suspect they will die a lot sooner than if they had their money. What about complex cases involving health and safety legislation or corporate manslaughter? What about the cases of human traffickers (or any organised crime)? There is a multitude of incredibly complex cases, in which the investigations last years, where the police are not allowed to detain a suspect without charge for 28 days (or more).

What makes a terrorism suspect any different from a CEO who’s corporate negligence has allowed 50 people to die?

As a parting shot, I will return to the BBC’s article and Miss Smith’s comments:

In recent operations … six people were held for 27-28 days and three of those were charged.

A fifty percent success rate does not fill me with confidence.

[tags]Terror, Terrorism, Law, Legislation, Jacqui Smith, UK, Civil Rights, News, Fear, Civil Liberties, Society, Culture, Police, Arrests, Islam, Minorities, Crime, Home Secretary, BBC, Corporate Crime, Logical Fallacy, Ad Absurdum, Reductio Ad Absurdum, Logical Fallacies[/tags]