#BentBritain: #UK admits unlawfully monitoring legally privileged communications!

UK admits unlawfully monitoring legally privileged communications ~ Alan Travis and Owen Bowcott, The Guardian, Wednesday 18 February 2015.

Intelligence agencies have been monitoring conversations between lawyers and their clients for past five years, government admits

The admission comes ahead of a legal challenge brought on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, over allegations that security services unlawfully intercepted their communications with lawyers.  Photograph: PA & AFP

The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.

The admission that the activities of the security services have failed to comply fully with human rights laws in a second major area – this time highly sensitive legally privileged communications – is a severe embarrassment for the government.

It follows hard on the heels of the British court ruling on 6 February declaring that the regime surrounding the sharing of mass personal intelligence data between America’s national security agency and Britain’s GCHQ was unlawful for seven years.

UK-US surveillance regime was unlawful ‘for seven years’

The admission that the regime surrounding state snooping on legally privileged communications has also failed to comply with the European convention on human rights comes in advance of a legal challenge, to be heard early next month, in which the security services are alleged to have unlawfully intercepted conversations between lawyers and their clients to provide the government with an advantage in court.

The case is due to be heard before the Investigatory Powers Tribunal (IPT). It is being brought by lawyers on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, who, along with their families, were abducted in a joint MI6-CIA operation and sent back to Tripoli to be tortured by Muammar Gaddafi’s regime in 2004.

A government spokesman said: “The concession the government has made today relates to the agencies’ policies and procedures governing the handling of legally privileged communications and whether they are compatible with the European convention on human rights.

“In view of recent IPT judgments, we acknowledge that the policies adopted since [January] 2010 have not fully met the requirements of the ECHR, specifically article 8 (right to privacy). This includes a requirement that safeguards are made sufficiently public.

“It does not mean that there was any deliberate wrongdoing on their part of the security and intelligence agencies, which have always taken their obligations to protect legally privileged material extremely seriously. Nor does it mean that any of the agencies’ activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings.”

He said that the intelligence agencies would now work with the interception of communications commissioner to ensure their policies satisfy all of the UK’s human rights obligations.

Cori Crider, a director at Reprieve and one of the Belhaj family’s lawyers said: “By allowing the intelligence agencies free reign to spy on communications between lawyers and their clients, the government has endangered the fundamental British right to a fair trial.

“Reprieve has been warning for months that the security services’ policies on lawyer-client snooping have been shot through with loopholes big enough to drive a bus through.

“For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years.

“Worryingly, it looks very much like they have collected the private lawyer-client communications of two victims of rendition and torture, and possibly misused them. While the government says there was no ‘deliberate’ collection of material, it’s abundantly clear that private material was collected and may well have been passed on to lawyers or ministers involved in the civil case brought by Abdel hakim Belhaj and Fatima Boudchar, who were ‘rendered’ to Libya in 2004 by British intelligence.

“Only time will tell how badly their case was tainted. But right now, the government needs urgently to investigate how things went wrong and come clean about what it is doing to repair the damage.”

Government sources, in line with all such cases, refuse to confirm or deny whether the two Libyans were the subject of an interception operation. They insist the concession does not concern the allegation that actual interception took place and say it will be for the investigatory powers tribunal hearing to determine the issue.

An updated draft interception code of practice spelling out the the rules for the first time was quietly published at the same time as the Investigatory Powers Tribunal ruling against GCHQ earlier this month in the case brought by Privacy International and Liberty.

The government spokesman said the draft code set out enhanced safeguards and provided more detail than previously on the protections that had to be applied in the security agencies handling of legally privileged communications.

The draft code makes clear that warrants for snooping on legally privileged conversations, emails and other communications between suspects and their lawyers can be granted if there are exceptional and compelling circumstances. They have to however ensure that they are not available to lawyers or policy officials who are conducting legal cases against those suspects.

Exchanges between lawyers and their clients enjoy a special protected status under UK law. Following exposure of widespread monitoring by the US whistleblower Edward Snowden in 2013, Belhaj’s lawyers feared that their exchanges with their clients could have been compromised by GCHQ’s interception of phone conversations and emails.

To demonstrate that its policies satisfy legal safeguards, MI6 were required in advance of Wednesday’s concession to disclose internal guidance on how intelligence staff should deal with material protected by legal professional privilege.

The MI6 papers noted: “Undertaking interception in such circumstances would be extremely rare and would require strong justification and robust safeguards. It is essential that such intercepted material is not acquired or used for the purpose of conferring an unfair or improper advantage on SIS or HMG [Her Majesty’s government] in any such litigation, legal proceedings or criminal investigation.”

The internal documents also refer to a visit by the interception commissioner, Sir Anthony May, last summer to examine interception warrants, where it was discovered that regulations were not being observed. “In relation to one of the warrants,” the document explained, “the commissioner identified a number of concerns with regard to the handling of [legal professional privilege] material”.

Amnesty UK’s legal programme director, Rachel Logan, said: “We are talking about nothing less than the violation of a fundamental principle of the rule of law – that communications between a lawyer and their client must be confidential.

“The government has been caught red-handed. The security agencies have been illegally intercepting privileged material and are continuing to do so – this could mean they’ve been spying on the very people challenging them in court.

“This is the second time in as many weeks that government spies have been rumbled breaking the law.”

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#Obama’s ‘Crusaders’ analogy veils the #West’s modern crimes!

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes ~ Ben White, The Nation, February 14, 2015.

Like many children, 13-year-old Mohammed Tuaiman suffered from nightmares. In his dreams, he would see flying “death machines” that turned family and friends into burning charcoal. No one could stop them, and they struck any place, at any time.

Unlike most children, Mohammed’s nightmares killed him.

Three weeks ago, a CIA drone operating over Yemen fired a missile at a car carrying the teenager, and two others. They were all incinerated. Nor was Mohammed the first in his family to be targeted: drones had already killed his father and brother.

Since president Barack Obama took office in 2009, the US has killed at least 2,464 people through drone strikes outside the country’s declared war zones. The figure is courtesy of The Bureau of Investigative Journalism, which says that at least 314 of the dead, one in seven, were civilians.

Recall that for Obama, as The New York Times reported in May 2012, “all military-age males in a strike zone” are counted “as combatants” – unless “there is explicit intelligence posthumously proving them innocent”.

It sounds like the stuff of nightmares.

The week after Mohammed’s death, on February 5, Mr Obama addressed the National Prayer Breakfast, and discussed the violence of ISIL.

“Lest we get on our high horses”, said the commander-in-chief, “remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ.”

These comments prompted a (brief) media storm, with Mr Obama accused of insulting Christians, pandering to the terrorist enemy, or just bad history.

In fact, the president was simply repeating a point often made by liberals since September 11, namely, that all religions have blots on their copy book through the deeds of their followers.

One of the consequences, however, of this invocation of the Crusades – unintended, and all the more significant for it – is to seal away the West’s “sins”, particularly vis-à-vis its relationship to the Middle East, in events that took place a thousand years ago.

The Crusades were, in one sense, a demonstration of raw military power, and a collective trauma for the peoples of the regions they marched through and invaded.

In the siege of Jerusalem in 1099, a witness described how the Europeans ordered “all the Saracen dead to be cast outside because of the great stench, since the whole city was filled with their corpses”.

He added: “No one ever saw or heard of such slaughter of pagan people, for funeral pyres were formed from them like pyramids.”

Or take the Third Crusade, when, on August 20, 1191, England’s King Richard I oversaw the beheading of 3,000 Muslim prisoners at Acre in full view of Saladin’s army.

Just “ancient history”? In 1920, when the French had besieged and captured Damascus, their commander Henri Gourard reportedly went to the grave of Saladin, kicked it, and uttered: “Awake Saladin, we have returned! My presence here consecrates the victory of the Cross over the Crescent.”

But the US president need not cite the Crusades or even the colonial rule of the early 20th century: more relevant reference points would be Bagram and Fallujah.

Bagram base in Afghanistan is where US soldiers tortured prisoners to death – like 22-year-old taxi driver and farmer Dilawar. Before he was killed in custody, Dilawar was beaten by soldiers just to make him scream “Allah!”

Five months after September 11, The Guardian reported that US missiles had killed anywhere between 1,300 and 8,000 in Afghanistan. Months later, the paper suggested that “as many as 20,000 Afghans may have lost their lives as an indirect consequence of the US intervention”.

When it was Iraq’s turn, the people of Fallujah discovered that US forces gave them funerals, not democracy. On April 28, 2003, US soldiers massacred civilian protesters, shooting to death 17 during a demonstration.

When that city revolted against the occupation, the residents paid a price. As Marines tried to quell resistance in the city, wrote The New York Times on April 14, 2004, they had “orders to shoot any male of military age on the streets after dark, armed or not”.Months later, as the Marines launched their November assault on the city, CNN reported that “the sky…seems to explode”.

In their bombardment and invasion of Iraq in 2003, the US and UK armed forces rained fiery death down on men, women and children. Prisoners were tortured and sexually abused. Hundreds of thousands of Iraqis died. No one was held to account.

It is one thing to apologise for the brutality of western Crusaders a thousand years ago. It is quite another to look at the corpses of the victims of the imperialist present, or hear the screams of the bereaved.

In his excellent book The Muslims Are Coming, Arun Kundnani analysed the “politics of anti-extremism”, and describes the two approaches developed by policymakers and analysts during the “war on terror”.

The first approach, which he refers to as “culturalism”, emphasises “what adherents regard as inherent features of Islamic culture”. The second approach, “reformism”, is when “extremism is viewed as a perversion of Islam’s message”, rather than “a clash of civilisations between the West’s modern values and Islam’s fanaticism”.

Thus the American Right was angry with Mr Obama, because for them, it is about religion – or specifically, Islam. Liberals, meanwhile, want to locate the problem in terms of culture.

Both want to avoid a discussion about imperialism, massacres, coups, brutalities, disappearances, dictatorships – in other words, politics.

As Kundnani writes: when “the concept of ideology” is made central, whether understood as “Islam itself or as Islamist extremism”, then “the role of western states in co-producing the terror war is obscured”.

The problem with Mr Obama’s comments on the Crusades was not, as hysterical conservatives claimed, that he was making offensive and inaccurate analogies with ISIL; rather, that in the comfort of condemning the past, he could mask the violence of his own government in the present.

The echoes of collective trauma remain for a long time, and especially when new wounds are still being inflicted. Think it is farfetched that Muslims would still care about a 1,000-year-old European invasion? Then try asking them about Guantanamo and Camp Bucca instead.

Ben White is a journalist and author of Israeli Apartheid

Pep Montserrat for The National

Imprisoned Former #CIA Agent John #Kiriakou Speaks About #Torture, Prison, and the Future!

Imprisoned Former CIA Agent John Kiriakou Speaks About Torture, Prison, and the Future ~ Natalia Megas, Capital Comment, Washingtonian.

A jailhouse interview with the man whose disclosures prompted this week’s damning torture report.

John Kiriakou in the documentary Silenced. Photograph courtesy AFI Docs.

Do you think the Obama’s administration’s record is better than Bush’s?

Obama’s intelligence policy is essentially an extension of the Bush administration, but bloodier. Especially the use of drones … I’m disappointed because the administration has turned its back on human rights. Obama has surrounded himself with true hawks.

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In 2007, 15-year CIA veteran John Kiriakou told an ABC News reporter that his agency had waterboarded an Al Qaeda detainee, Abu Zubaydah, whom Kiriakou was involved in capturing in 2002. His revelation confirmed to the American public the CIA’s torture program and helped spur a years-long Senate investigation and a damning, 6,000-page report, the abstract of which was released this week.

Kiriakou pleaded guilty in 2012 to disclosing classified information, including the name of a fellow CIA operative, to a New York Times reporter. In early 2013, he reported to the a federal prison in Loretto, Pennsylvania, to begin serving a 30-month sentence. Kiriakou, along with supporters that include his congressman, Virginia Democrat Jim Moran, says the real point of his prosecution was to silence him and others from talking about torture. (Kiriakou case is the subject of the documentary Silenced, which screened last summer at AFI Docs.)

Kiriakou will be transferred to home confinement for the final three months of his term in February. Earlier this month, as the Senate debated releasing its report, I went to Loretto to talk to Kiriakou about his experience in prison, his feelings about the government, and his future.

Jim Moran recently asked President Obama to pardon you, calling you an “American hero.”

Moran has gone out on a limb. He’s really done right by me. He has really been there through the whole nightmare.

What do you think was misunderstood about your case?

The most important issue is my case wasn’t about leaking [the name of a CIA operative]. It was about torture. CIA never forgave me for telling the American people that torture was part of official US government policy.

Do you think the Obama’s administration’s record is better than Bush’s?

Obama’s intelligence policy is essentially an extension of the Bush administration, but bloodier. Especially the use of drones … I’m disappointed because the administration has turned its back on human rights. Obama has surrounded himself with true hawks.

You’ve just finished writing a new book, Doing Time Like A Spy: How the CIA Taught Me to Survive and Thrive in Prison. Can you give us a sneak peek?

Admit nothing, deny everything, make counter accusations. If calm is not to your benefit, chaos is your friend. And don’t trust anyone.

How has that helped you survive prison?

I’ve “survived and thrived” here based on my wits, by forming strategic alliances, by relying on myself, by trusting nobody. They made me appear more “seasoned,” more commanding of respect.

What challenges do you face coming out?

The biggest challenge will be finding permanent work. I recognize I’m controversial. Some companies dislike controversy. I’ll have to find a place that will fit both of us.

What do you want to do?

I’d like to sit at a desk at a think tank, think the big thoughts and write provocative articles and books. I think I can do more good with writing and speaking. I hope to speak a lot about prison reform.

What kinds of changes do you envision?

Europe makes good use of house arrests [especially for non-violent crimes]. First-time, non-violent offenders get no second chances in the US. You do hard time from the first moment. Nothing’s correctional about it.

What are your living arrangements like?

We live in open cubicles—10-by-16 made for four. There are 250 people in my unit and we have ten sinks, 11 showers, six toilets, six telephones. We stand in line for everything. Everyone is sick all the time. Overcrowding leads to short tempers and increased violence. There’s no legal effort to depopulate federal prisons.

How do the other inmates treat you?

At first, they stayed away. Thought I was a hit man.

If a movie were made about you, what would it be about?

It would focus on the fact that I’m a regular guy doing decidedly irregular things, who found himself in historic situations. If it happened to me, it could happen to anybody.

How so?

Americans didn’t understand that after 9/11 the national security state would be permanent in our lives. Certainly, reasonable people can agree to disagree on the civil liberties that we should or should not give up to remain safe. But the government has imposed a regime where we’ve lost our liberties without debate, and we’re not supposed to complain about it. Indeed, you risk an Espionage Act charge if you do.

Natalia Megas is a freelance journalist who has written for numerous publications in the United States and abroad.