Why it is important…

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]

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]

Crime and the Rose Tinted Past

At the risk of turning this blog into a never ending stream of rants about public perceptions of crime, it seems there are even more woo-like nonsensical things being pushed out by people (Hattip oustudent blog).

On the BBC “Have your say” pages there is an ongoing debate about crime, and public understanding of the levels of crime.

By and large, the comments speak volumes about a people who are so disconnected from reality, so twisted by media led scare stories, that they no longer have (if they even ever did) any objective view point on the world around them. As is always the case, lots of people who comment, have no idea what the topic they are commenting on is about but want to make a comment about how much they hate the government and everything wrong in the world is entirely the fault of Tony Blair for misleading the nation over Iraq. Even the rain is caused by that… Continue reading

Self Defence or Self Delusion? (long)

Today’s Jeremy Vine show on Radio 2 was almost made to infuriate me. It was almost as if the researchers read my mind and found some topics that would be guaranteed to get on my wick, and better still would be certain to get the amazing collection of people who ring in, to ring in and add to the nonsense being debated. Well, it worked like a treat. It really did. If it wasn’t frowned upon to use work telephones to phone radio shows and call every one idiots, I would have done so today. Really. And I do hate myself for it, because it means I am another one of the brain addled fools who rings in to rant.

Anyway, admissions over with, on to the rant. Today’s “show” began with a call in about the expulsion of four Russian diplomats following the Russian refusal to extradite the man suspected of killing Litvinenko (news). This was reasonably tepid – at the end of the day it is the sort of thing which is done in international politics. It strikes me as reasonable for the UK government to demand his extradition. It is almost reasonable for Russia to resist, and if the UK had a punishment regime which was worse than in Russia (death sentence etc), then I would certainly back their refusal. As it stands, we don’t.

I was only half listening to this, the callers were generally only calling so they could go on air and criticise the UK government over something, logical consistency was nicely ignored. A few messages read out were along the lines of people accusing the UK of “punching above its weight” etc and saying we should just keep quiet and not hassle the Russians over this. Odd standards, but there you go. It didn’t rile me that much.

Next came the best bit. The middle debate was about some “research” which apparently shows 1 in 3 British people sleep with a weapon by their bed. Mostly these are things like baseball bats and hammers. Now, as I don’t know anyone who does this there is implication that entire cities are full of people who go to bed armed to the teeth.

The basic premise was debated initially by the guy who is an ex-burglar and now a BBC1 TV “personality” showing people how to prevent break-ins (cant remember his name), and “Daily Mail Columnist” Peter Hitchens. Instantly you can see this is going to make the blood boil. The Mail describe him as having an “uncompromising blog” when in reality he spouts out pure nonsense. Often it is ill informed nonsense, sometimes it is offensive nonsense, but it is always nonsense.

Anyway, the ex-Burglar chappie made some reasonable comments along the lines of hiding a weapon by your bed will not deter thieves and if you batter the burglar you are likely to face prosecution. He went on to suggest better ways of preventing burglary. FoolHitchens replied to this by saying it was a policy of fear and assumed burglary was always going to happen. He then went on to spout out some fanciful claims about how it was “better 30 – 40 years ago” and that it was all societies fault that people were too frightened to sleep without a hammer next to their bed.

Showing either his mastery of irony, or more likely his lack of any idea of logical conclusion, Hitchens continued to create an argument from despair about declining moral standards and how the law was at fault. Etc. It was pure sound bite designed to cater to his selection of Mail readers, he even went as far as to lament how it is always the middle class (of which he seems proud to include himself 1) who have to suffer, how they are the only law abiding people and so on. If you can get the listen again bit to play (I cant tonight for some reason) it kicks in at about 35 – 45 min point and you can hear him head down the road of quoting imaginary statistics. He really is an annoying *****.

Despite his claims to know about criminology, it seems on this subject as so many others, Hitchen is a poor student. For a start, despite his ideas that there was a golden age x years ago (it changes depending on what he is writing for etc), this really is not the case. Burglary is a poor one for him to try and pin on the social decline because it is one of the few crimes which is easy to track over the years. Looking at both the British Crime Survey and the reports from the ACPO, burglary is on the decline and has been since 1999. Going back more than two decades and it was much higher during the halcyon years he lusts after – in the late seventies and eighties it was significantly greater than today.

Add to this the reality that most people subjected to burglary are poor people who live in poor neighbourhoods and you can see he has built an argument on foundations of quicksand. The incidents of burglars (normally poor people themselves) travelling to “middle class” neighbourhoods to do a spot of pilfering is low to say the least. Despite the Daily Mail’s scare stories, “middle class” areas have a greater police presence, higher incidence of home alarms etc. All of these go towards protecting the property. If you doubt this, try to find some insurance quotes. Try for a poor, run down, inner city area and compare that with the same – or larger – property in a “nice” postcode area. As someone who has lived in both areas, I can tell you the difference is staggering.

Fundamentally, this talk show and especially Hitchens pure nonsense, speaks more of a segment of society which has (for whatever reason) allowed itself to become frightened of ghosts. This middle class who read the mail and listen to idiotHitchens are being tricked into thinking there is much more of a risk than there actually is. Note: I am not downplaying the risk or saying burglary is not a terrible thing to be subjected to. It strikes me this current furore over the subject is a result of Kerry Katona getting held up at knife point in her own home (news). Now her circumstances were terrible. You wouldn’t wish it upon your worst enemy but they certainly are not indicative of the experiences of “normal” people. Three men sledgehammered their way into her house and held a knife to her neck. They did this because she was very rich (not middle class). It is not a typical event. It is so atypical it made the news headlines.

As this was a “phone in” show, you can imagine the comedy value from the callers. Worryingly, every one I heard said they did, indeed, sleep with a weapon next to their bed. Now, this may be an artefact caused by the researchers selection process but it is still disturbing.

The callers were all saying how they kept baseball bats, hammers (even one had a crossbow, a pilum and a sword to hand …) in case their home was invaded and they needed to fight to defend their property. Blimey. A nation of ninjas. In the past I have ranted about firearms and it may be easy to guess that I am not a big fan of people taking this route towards home defence. There are many issues, but the main one I have problem with, is it is ludicrous to say the least.

Among the callers were a few women and what sounded like an older than middle aged man. Now, without going into too much detail I am fairly confident I have at least an average understanding of what is involved in a claws out fight with weapons to hand(2). I am also 100% confident that if some one attacked me with a hammer, without knowing the best way to wield this particular weapon, I could take it off them and inflict major damage on them. This is the basic thing for people who try to defend themselves like this to realise. As soon as they confront the burglar with the weapon the stakes are raised. Lots of callers were saying that they challenged a burglar with a butter knife (or whatever) and he ran off. What would happen if he hadn’t run off though?

Sticking with the hammer as an example (although the same applies to most “household” weapons), most people attacking a burglar will do the adrenalin inspired thing and swing it at the burglars head. Great if he isn’t looking and doesn’t know you are there – you may hit him. If he is aware of your presence, it really is unlikely you will get a solid blow anywhere it counts. Now, the important bit is if you miss. This can be trouble. Most swinging weapons tend to encourage people to swing them full force – this is especially the case if “frail” people are using them as they seem to want to get their bodyweight behind it. When the weapon fails to connect, the person swinging will often be forced to carry on with the swing until they can either bring it under control, or it hits something (often the floor or wall). While this is going on, most people are largely unable to do anything – other than get beaten or killed by the intruder who now (rightly) fears for his or her own life.

Baseball bats, for example, are often more effective used as a poking weapon rather than swinging, but I doubt any of the people who called in, proud they have one, would use it like this if an intruder was in their house. If that first swing fails to totally disable the attacker, it is unlikely the home-defender will come away from the situation in a “nice way.”

More worryingly, there was the idea that this (weapons by the bed) was a good idea for the elderly and women alone with small children. Blimey. The worst categories. Sadly, illusions aside, most of the middle class homeowners are unlikely to be well versed in the raw aggression and violence a fight like this can produce. If the burglar is the stereotypical 40 – 50 year old “career burglar” then fine, they may well run off. If the intruder is young, a hardened criminal (fighting in prison is a good way to learn close in skills) or a desperate drug addict, the chances are the office-working home owner will be given a sadly firm lesson in self defence.

There really is only one sensible course of action if you are in your house when a burglar breaks in. Lock yourself in a room and call the police. If you try to challenge the intruder you are risking everything. If there is more than one of them, or they don’t flee immediately things are going to get a LOT worse for you. Remember you can replace property. Your nose, bones or even your life are more important.

A weapon by the bed does not make you any safer than a lock on your bedroom door. The weapon, no matter how much it may “reassure” you is actually more likely to ensure you are hurt rather than robbed. It will not act as a deterrent to the thief, as he has to be in your house before he knows it is there.

One last point – if a burglar breaks in while you are home, it is less likely that he is the “career burglar” mentioned above, so really think twice before trying to be the hero. Despite this, the chances of being burgled are low, and the chances of it happening while you are at home is even lower. If you really are that worried, check your insurance policy – it is the best defence to losing things you have.

Sadly, I have spent so long ranting about this nonsense I no longer have the energy to pick up on the last piece of the show which was about Imaginary Friends. What a gift that would have been 🙂 .

[tags]Crime, Society, Peter Hitchens, Philosophy, Self Defence, Middle Class, Burglary, Nonsense, Madness, Woo, Culture, Fear, Imaginary Friend, Belief, Ideas, Media, Daily Mail, BBC, BBC2, Radio, Knives, Weapons[/tags]

1 – It should be noted that the wiki page for his brother has this to say:

Hitchens was educated at The Leys School, Cambridge (his mother arguing that ‘If there is going to be an upper class in this country, then Christopher is going to be in it.’) [13], and Balliol College, Oxford, where he read Philosophy, Politics, and Economics. During his years as a student at Oxford, he was tutored by Steven Lukes.

Unless the family were particularly spoiling Christopher rather than Peter, I can only assume both went to Oxford. Not the normal “Middle Class” behaviour.

2 – For my sins, I have spent a period of my life teaching people how to fight like this and also teaching people how to secure their property.

Terror Returns to London

Once more, the actions of the insane, cruel, evil and disturbed make headline news in the UK. Even though I am almost as far from London as you can get in the UK, the news of the Car Bomb outside a London nightclub has been pretty big stuff. Quite understandable as well really, as this is the “purpose” of terrorist attacks – create terror.

Putting a bomb made up off “60 litres of petrol, gas cylinders and nails” outside a busy London nightclub on a Thursday night (often one of the busier nights in the city), strikes me as a pretty effective way to make people frightened. That the bomb did not detonate is certainly amazing (invoke god of choice if you wish, I will stick to the wonders of the bombers ineptitude), and it seems reasonable to assume the police comments about possible casualties are accurate.

It is certainly remarkable that this device was discovered (prior to it announcing itself in a big way) and it is a tribute to the bomb disposal teams who had to render it safe, while retaining forensic evidence. A big well done all round there. Continue reading

The Evolution of Fear

Again, sorry this is a long rant – I am in a bad mood. Comments are welcome though.

Once upon a time, the United Kingdom of Great Britain and Northern Ireland was renowned the world over for the way the population handled hardship and adversity. The “Stiff Upper Lip” was such a powerful stereotype it still endures today.

During the first three quarters of the twentieth century, the British Stiff Upper Lip was heavily put to the test. The century began with a hammering in Africa, followed by the loss of almost an entire generation on the fields of Flanders and the Somme. The interwar years were wrought with economic depression which was only relieved when the deaths of the second world war reduced the population enough for there to be more jobs. Entire cities were destroyed (Coventry) and most major population centres endured nightly bombing raids.

The end of the war only brought limited respite for the British handling of adversity. Crippled by economic debt and the ravages of the war, the Empire collapsed piece by piece. Britain was quickly over taken in the world power stakes by the upstarts (America for example 🙂 ), and to all intents and purposes became a secondary nation on the world stage. The somewhat anomalous status as permanent member of the UNSC is down to possession of nuclear weapons and nothing else. The break up of empire was accompanied by various military defeats (Suez, Korea), while the victories were sometimes hollow (Borneo, Malaysia). The apparent collapse spurred domestic agitators into more and more violence until by the mid 1960s, Northern Ireland was not dissimilar to Bosnia thirty years later.

Throughout this all the stiff upper lip remained. The ideas about what made “British” society were upheld and, generally, life went on. If you had proposed a national identity card scheme in 1970 you would have been laughed at for the rest of your life.

Continue reading