Judges, 1

Front page on today’s print Guardian was a story headed MI5 criticised for role in case of torture, rendition and secrecy about a judges’ ruling that some documents – as yet unspecified, as the ruling is secret – have to released for the man’s defence.

It’s hard to salvage any national pride from this disgusting story except:

Clive Stafford Smith, director of Reprieve, the legal rights group also defending Mohamed, said: “The British government may have been accused of being Bush’s poodle, but the British courts remain bulldogs when it comes to human rights.”

Indeed. It’s wonderful that there are indeed still judges with respect for the rule of law.

However, the rest of the story makes me want to throw up. The details are so griim, I imagine that any man who reads it will be wincing.

It appears that Binyam Mohamed faces the death penalty, on the basis of admissions extracted under torture, in which the British government was, at the least, complicit. The Indepedent reported last year that there is photographic evidence of the torture.

Here’s David Miliband (whose father is currently spinning in his grave, methinks,)

David Miliband, the foreign secretary, has provided the US with documents about the case, though the US has so far refused to release them. Miliband has declined to release further evidence about the case on grounds of national security, arguing that disclosure would harm Britain’s intelligence relationship with the US.

I fail to how “national security” would be threatened by the presentation of this evidence and the documents involved. Surely, this would only threaten our national belief in the veracity of the Foreign Office officials who’ve been assuring us that our hands are clean.

This story doesn’t appear on the BBC. Maybe I didn’t look hard enough, because the BBC has reported the story in the past. But even the Daily Mail has a reasonable summary of the judges’ ruling, in a prominent place on their website. Even the Daily Mail.

The world news has been reporting terrorist atrocities all week. Some of these have taken place in exactly the sort of countries that use torture freely. Guess what? Torture doesn’t prevent terrorism. It breeds it.

And, to be honest, I could hardly think of more effective anti-western propaganda coup than the execution of people on the basis of admissions made under torture.

The Irony, It burns…

Don’t you just love “Have Your Say“? What a wonderful place for those without any education, or any concept of the society they live in, to get burning issues off their chest without any fear of being punched in the face.

One of today’s topics is “Should witnesses have the right to anonymity” (link may be dead by the time you read this but it lives in the BBC archives). In a nutshell, the Law Lords upheld a long standing British legal tradition that says you have the right to face your accuser, and now the moaning-right want to abolish it. Ostensibly this is to allow people to give evidence without fear of criminal retribution (which, incidentally already happens and has happened for many, many years).

I think removing this right would be insane. It wouldn’t really help the police as they can already protect a witness under threat, but would allow people to lie without having to suffer the consequences. This is, IMHO, a very bad thing.

Anyway, on HYS there is a healthy mix of reactions. This is good as it means there are sane people out there. Ironically, the pro-anonymity argument seems to wrap itself up in contradictions…

Take this tirade against the law lords for their ruling:

The government is supposed to make the laws in this country, not a bunch of sad, senile old freaks. It’s patently obvious to anyone with an IQ greater than that of a prune that witnesses should be allowed anonymity, otherwise no one in their right mind would ever give evidence against criminal gangs. These idiots should not be allowed to make any more decisions of this kind.

Wow. The elected government (so often the brunt of right-wingers ire) is better a the law than the Law lords? Hmm. I disagree but that is not the issue. From this madness we get on to how the quality of the witness will be determined if the accussed can not challenge them:

The quality of the evidence will be taken into consideration by the judge during the trial. This will determine the validity and the Jury will be directed accordingly.

Wow. Ironic, isn’t it?