Judge Roger Keen QC, aka “Clever Cunt Keen”, rebuked for being mean, and was branded as "rude, discourteous and brutal" by the Court of Appeal. Sounds more like Judge Roy Bean to me.
Hat-Tip to Charon QC, and more at Ruthie's Law.
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
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Monday, September 24, 2007
Sieg Heil
Sieg Heil
When Maggie Thatcher recently visited 10 Downing Street she showed Gordon Brown how to salute to appeal to the Right Minded individuals. She said it was something she picked up from a chap who ruled Germany from about 1933 until 1945...
Gordon catches Mad Cow Disease...
When Maggie Thatcher recently visited 10 Downing Street she showed Gordon Brown how to salute to appeal to the Right Minded individuals. She said it was something she picked up from a chap who ruled Germany from about 1933 until 1945...
Gordon catches Mad Cow Disease...
David Cameron mimics Henry Ford
David Cameron mimics Henry Ford
Didn't David Cameron learn his lesson with Tony Lit and the Ealing and Southall by-election?
"David Cameron will trigger a revolt with his party activists by imposing "A-list" candidates on constituencies that have not already chosen should Gordon Brown call an election next month, The Daily Telegraph has learnt".
Henry Ford is reputed to have said about his Model T Ford "You can have any colour as long as it is black".
David Cameron is basically saying "You can have any candidate as long as its the one I choose for you".
And, in the interests of balanced reporting Bob Piper has sent an open letter to Gordon Brown.
Didn't David Cameron learn his lesson with Tony Lit and the Ealing and Southall by-election?
"David Cameron will trigger a revolt with his party activists by imposing "A-list" candidates on constituencies that have not already chosen should Gordon Brown call an election next month, The Daily Telegraph has learnt".
Henry Ford is reputed to have said about his Model T Ford "You can have any colour as long as it is black".
David Cameron is basically saying "You can have any candidate as long as its the one I choose for you".
And, in the interests of balanced reporting Bob Piper has sent an open letter to Gordon Brown.
The inequality of equality
The inequality of equality
Is this Trevor Phillips, the racist chair of the Commission for Equality and Human Rights (CEHR)for real? He is advocating that "Economic migrants could be forced to make a bigger contribution to the cost of public services". Surely, this is inequality? As in all pigs are equal but some pigs are more equal than others...
Is this Trevor Phillips, the racist chair of the Commission for Equality and Human Rights (CEHR)for real? He is advocating that "Economic migrants could be forced to make a bigger contribution to the cost of public services". Surely, this is inequality? As in all pigs are equal but some pigs are more equal than others...
Paedophile doctors allowed to continue to practice
Paedophile doctors allowed to continue to practice
I don't wish to get involved with paedophobia, however, it takes some justification for convicted paedophiles, who have breached their trust as doctors, to still be able to work as doctors and some of them are not subject to any form of supervision or restriction.
"Eleven doctors are still free to work in the NHS despite being convicted of sex and child pornography offences, The Daily Telegraph can reveal today".
"In the last five years 52 doctors have appeared before the GMC after being convicted of sex or child pornography offences and 38 have been struck off".
I fail to see how 14 have been allowed to continue to work in the profession which they used to commit their offences. I think it is ridiculous to claim that they cannot be struck off because it would breach their human rights. Nobody has the human right to sexually abuse children.
I don't wish to get involved with paedophobia, however, it takes some justification for convicted paedophiles, who have breached their trust as doctors, to still be able to work as doctors and some of them are not subject to any form of supervision or restriction.
"Eleven doctors are still free to work in the NHS despite being convicted of sex and child pornography offences, The Daily Telegraph can reveal today".
"In the last five years 52 doctors have appeared before the GMC after being convicted of sex or child pornography offences and 38 have been struck off".
I fail to see how 14 have been allowed to continue to work in the profession which they used to commit their offences. I think it is ridiculous to claim that they cannot be struck off because it would breach their human rights. Nobody has the human right to sexually abuse children.
sdrawkcaB efiL A trautS
sdrawkcaB efiL A trautS
A friend of mine gave me the book Stuart A Life Backwards to read and said the main character reminded him of me, (he has said the same about the killer in Crime and Punishment) I tried to read it but I got bogged down. Therefore, I was grateful that BBC 2 made a 90 minute film of the story and showed it tonight between 9 and 10.30pm.
Some peoples lives are just all over the place. It takes me all my effort just staying out of prison. When people ask "How are you?", I reply, "Surviving...just". It sums up the picture. I get by.
I feel as though I am on a downward spiral, or going down on the roller coaster. I go up just a little bit, and suddenly notice all the dog hairs everywhere and decide to vacuum and sweep up and mop the house out a bit. Or, wash all the plates in the sink and tidy the draining board up. You wouldn't believe the amount of mouse shit that gets behind the microwave. The little bastards even ate most of the instruction booklet I left underneath it to keep it safe from getting lost. I think they have a nest somewhere in the back of the gas boiler or that's where they are coming and going from the house. Last year or the year before, I used to see and hear them and put up 4 mousetraps and caught 7 of the little bastards. These I have not seen or heard, and they avoid the mousetraps, but Rocky hears and smells them because I see him reacting to what he has sensed, but I know that they are there because of the mouse shit and that mousey smell under the cupboard.
I thought the BBC film of Stuart A Life Backwards was good and left me feeling emotional. So, things still can get to me then. I was beginning to think I had become so unfeeling blogging for about 16 hours a day.
I keep meaning to get my handwritten copy of my autobiography typed up and sent off to the publishers. Anyone out there know who can do some typing for me? And, that reminds me, I haven't signed and sent off the contract yet, it's been lying around waiting for ages. Oh, and I need to go and get a haircut, then I won't need another until Christmas. It's the same with my toenails, I don't cut them until they are curled right under and I have difficulty walking properly then I remember to cut them.
I just lack a bit of discipline. Just as well I didn't join the Army. I remember the Sgt. Major telling me to come back when there was a war on. I thought 'not bloody likely, if I'm not good enough for you in peace time I ain't no good to you in a war'. The Short, Sharp, Shock, didn't do no good either. I couldn't march when I went in, and still couldn't when I came out. The drill instructor said I had two left feet. I don't, I have a left and a right. But, I do sometimes lack co-ordination. It's something in the brain and linked to the Aspergers Syndrome. Unlike Stuart A Life Backwards, I'm John all over the place.
A friend of mine gave me the book Stuart A Life Backwards to read and said the main character reminded him of me, (he has said the same about the killer in Crime and Punishment) I tried to read it but I got bogged down. Therefore, I was grateful that BBC 2 made a 90 minute film of the story and showed it tonight between 9 and 10.30pm.
Some peoples lives are just all over the place. It takes me all my effort just staying out of prison. When people ask "How are you?", I reply, "Surviving...just". It sums up the picture. I get by.
I feel as though I am on a downward spiral, or going down on the roller coaster. I go up just a little bit, and suddenly notice all the dog hairs everywhere and decide to vacuum and sweep up and mop the house out a bit. Or, wash all the plates in the sink and tidy the draining board up. You wouldn't believe the amount of mouse shit that gets behind the microwave. The little bastards even ate most of the instruction booklet I left underneath it to keep it safe from getting lost. I think they have a nest somewhere in the back of the gas boiler or that's where they are coming and going from the house. Last year or the year before, I used to see and hear them and put up 4 mousetraps and caught 7 of the little bastards. These I have not seen or heard, and they avoid the mousetraps, but Rocky hears and smells them because I see him reacting to what he has sensed, but I know that they are there because of the mouse shit and that mousey smell under the cupboard.
I thought the BBC film of Stuart A Life Backwards was good and left me feeling emotional. So, things still can get to me then. I was beginning to think I had become so unfeeling blogging for about 16 hours a day.
I keep meaning to get my handwritten copy of my autobiography typed up and sent off to the publishers. Anyone out there know who can do some typing for me? And, that reminds me, I haven't signed and sent off the contract yet, it's been lying around waiting for ages. Oh, and I need to go and get a haircut, then I won't need another until Christmas. It's the same with my toenails, I don't cut them until they are curled right under and I have difficulty walking properly then I remember to cut them.
I just lack a bit of discipline. Just as well I didn't join the Army. I remember the Sgt. Major telling me to come back when there was a war on. I thought 'not bloody likely, if I'm not good enough for you in peace time I ain't no good to you in a war'. The Short, Sharp, Shock, didn't do no good either. I couldn't march when I went in, and still couldn't when I came out. The drill instructor said I had two left feet. I don't, I have a left and a right. But, I do sometimes lack co-ordination. It's something in the brain and linked to the Aspergers Syndrome. Unlike Stuart A Life Backwards, I'm John all over the place.
Sunday, September 23, 2007
Bloggers and freedom of speech v Alisher Usmanov
Bloggers and freedom of speech v Alisher Usmanov
251 supporters and rising...
Curious Hamster, Pickled Politics, Harry’s Place, Tim Worstall, Dizzy, Iain Dale, Ten Percent, Blairwatch, Davide Simonetti, Earthquake Cove, Turbulent Cleric (who suggests dropping a line to the FA about Mr Usmanov), Mike Power, Jailhouse Lawyer, Suesam, Devil’s Kitchen, The Cartoonist, Falco, Casualty Monitor, Forever Expat, Arseblog, Drink-soaked Trots (and another), Pitch Invasion, Wonko’s World, Roll A Monkey, Caroline Hunt, Westminster Wisdom, Chris K, Anorak, Mediawatchwatch, Norfolk Blogger, Chris Paul, Indymedia (with a list of Craig Murray’s articles that are currently unavailable), Obsolete, Tom Watson, Cynical Chatter, Reactionary Snob, Mr Eugenides, Matthew Sinclair, The Select Society, Liberal England, Davblog, Peter Gasston Pitch Perfect, Adelaide Green Porridge Cafe, Lunartalks, Tygerland, The Crossed Pond, Our Kingdom, Big Daddy Merk, Daily Mail Watch, Graeme’s, Random Thoughts, Nosemonkey, Matt Wardman, Politics in the Zeros, Love and Garbage, The Huntsman, Conservative Party Reptile, Ellee Seymour, Sabretache, Not A Sheep, Bartholomew’s Notes on Religion, The People’s Republic Of Newport, Life, the Universe & Everything, Arsenal Transfer Rumour Mill, The Green Ribbon, Blood & Treasure, The Last Ditch, Areopagitica, Football in Finland, An Englishman’s Castle, Freeborn John, Eursoc, The Back Four, Rebellion Suck!, Ministry of Truth, ModernityBlog, Beau Bo D’Or, Scots and Independent, The Splund, Bill Cameron, Podnosh, Dodgeblogium, Moving Target, Serious Golmal, Goonerholic, The Spine, Zero Point Nine, Lenin’s Tomb, The Durruti Column, The Bristol Blogger, ArseNews, David Lindsay, Quaequam Blog!, On A Quiet Day…, Kathz’s Blog, England Expects, Theo Spark, Duncan Borrowman, Senn’s Blog, Katykins, Jewcy, Kevin Maguire, Stumbling and Mumbling, Famous for 15 megapixels, Ordovicius, Tom Morris, AOL Fanhouse, Doctor Vee, The Curmudgeonly, The Poor Mouth, 1820, Hangbitch, Crooked Timber, ArseNole, Identity Unknown, Liberty Alone, Amused Cynicism, Clairwil, The Lone Voice, Tampon Teabag, Unoriginalname38, Special/Blown It, The Remittance Man, 18 Doughty Street, Laban Tall, Martin Bright, Spy Blog The Exile, poons, Jangliss, Who Knows Where Thoughts Come From?, Imagined Community, A Pint of Unionist Lite, Poldraw, Disillusioned And Bored, Error Gorilla, Indigo Jo, Swiss Metablog, Kate Garnwen Truemors, Asn14, D-Notice, The Judge, Political Penguin, Miserable Old Fart, Jottings, fridgemagnet, Blah Blah Flowers, J. Arthur MacNumpty, Tony Hatfield, Grendel, Charlie Whitaker, Matt Buck, The Waendel Journal, Marginalized Action Dinosaur, SoccerLens, Toblog, John Brissenden East Lower, Electronic Frontier Foundation, Peter Black AM, Boing Boing, BLTP, Gunnerblog, LFB UK, Liberal Revolution, Wombles, Focus on Sodbury…, Follow The Money, Freedom and Whisky, Melting Man, PoliticalHackUK, Simon Says…, Daily EM, From The Barrel of a Gun, The Fourth Place, The Armchair News Blog, Journalist und Optimist, Bristol Indymedia, Dave Weeden, Up North John, Gizmonaut, Spin and Spinners, Marginalia, Arnique, Heather Yaxley, The Whiskey Priest, On The Beat, Paul Canning, Martin Stabe, Mat Bowles, Pigdogfucker Rachel North B3TA board, Naqniq, Yorkshire Ranter, The Home Of Football, UFO Breakfast Recipients, Moninski , Kerching, e-clectig, Mediocracy, Sicily Scene, Samizdata, I blog, they blog, weblog, Colcam, Some Random Thoughts, Bel is thinking, Vino S, Simply Jews, Atlantic Free Press, Registan, Filasteen, Britblog Roundup #136, Scientific Misconduct Blog, Adam Bowie, Duncan at Abcol, Camera Anguish, A Very British Dude, Whatever, Central News, Green Gathering, Leighton Cooke Skuds’ Sister’s Brother, Contrast News, Poliblog Perspective, Parish Pump, El Gales, Noodle, Curly’s Corner Shop, Freunde der offenen Gesellschaft, otromundoesposible, Richard Stacy, Looking For A Voice, News Dissector, Kateshomeblog, Writes Like She Talks, Extra! Extra!, Committee To Protect Bloggers, Liberty’s Requiem, American Samizdat, The Thunder Dragon, Cybersoc, Achievable Life, Paperholic, Creative-i, Raedwald, Nobody’s Friend, Lobster Blogster, Panchromatica (251).
251 supporters and rising...
Curious Hamster, Pickled Politics, Harry’s Place, Tim Worstall, Dizzy, Iain Dale, Ten Percent, Blairwatch, Davide Simonetti, Earthquake Cove, Turbulent Cleric (who suggests dropping a line to the FA about Mr Usmanov), Mike Power, Jailhouse Lawyer, Suesam, Devil’s Kitchen, The Cartoonist, Falco, Casualty Monitor, Forever Expat, Arseblog, Drink-soaked Trots (and another), Pitch Invasion, Wonko’s World, Roll A Monkey, Caroline Hunt, Westminster Wisdom, Chris K, Anorak, Mediawatchwatch, Norfolk Blogger, Chris Paul, Indymedia (with a list of Craig Murray’s articles that are currently unavailable), Obsolete, Tom Watson, Cynical Chatter, Reactionary Snob, Mr Eugenides, Matthew Sinclair, The Select Society, Liberal England, Davblog, Peter Gasston Pitch Perfect, Adelaide Green Porridge Cafe, Lunartalks, Tygerland, The Crossed Pond, Our Kingdom, Big Daddy Merk, Daily Mail Watch, Graeme’s, Random Thoughts, Nosemonkey, Matt Wardman, Politics in the Zeros, Love and Garbage, The Huntsman, Conservative Party Reptile, Ellee Seymour, Sabretache, Not A Sheep, Bartholomew’s Notes on Religion, The People’s Republic Of Newport, Life, the Universe & Everything, Arsenal Transfer Rumour Mill, The Green Ribbon, Blood & Treasure, The Last Ditch, Areopagitica, Football in Finland, An Englishman’s Castle, Freeborn John, Eursoc, The Back Four, Rebellion Suck!, Ministry of Truth, ModernityBlog, Beau Bo D’Or, Scots and Independent, The Splund, Bill Cameron, Podnosh, Dodgeblogium, Moving Target, Serious Golmal, Goonerholic, The Spine, Zero Point Nine, Lenin’s Tomb, The Durruti Column, The Bristol Blogger, ArseNews, David Lindsay, Quaequam Blog!, On A Quiet Day…, Kathz’s Blog, England Expects, Theo Spark, Duncan Borrowman, Senn’s Blog, Katykins, Jewcy, Kevin Maguire, Stumbling and Mumbling, Famous for 15 megapixels, Ordovicius, Tom Morris, AOL Fanhouse, Doctor Vee, The Curmudgeonly, The Poor Mouth, 1820, Hangbitch, Crooked Timber, ArseNole, Identity Unknown, Liberty Alone, Amused Cynicism, Clairwil, The Lone Voice, Tampon Teabag, Unoriginalname38, Special/Blown It, The Remittance Man, 18 Doughty Street, Laban Tall, Martin Bright, Spy Blog The Exile, poons, Jangliss, Who Knows Where Thoughts Come From?, Imagined Community, A Pint of Unionist Lite, Poldraw, Disillusioned And Bored, Error Gorilla, Indigo Jo, Swiss Metablog, Kate Garnwen Truemors, Asn14, D-Notice, The Judge, Political Penguin, Miserable Old Fart, Jottings, fridgemagnet, Blah Blah Flowers, J. Arthur MacNumpty, Tony Hatfield, Grendel, Charlie Whitaker, Matt Buck, The Waendel Journal, Marginalized Action Dinosaur, SoccerLens, Toblog, John Brissenden East Lower, Electronic Frontier Foundation, Peter Black AM, Boing Boing, BLTP, Gunnerblog, LFB UK, Liberal Revolution, Wombles, Focus on Sodbury…, Follow The Money, Freedom and Whisky, Melting Man, PoliticalHackUK, Simon Says…, Daily EM, From The Barrel of a Gun, The Fourth Place, The Armchair News Blog, Journalist und Optimist, Bristol Indymedia, Dave Weeden, Up North John, Gizmonaut, Spin and Spinners, Marginalia, Arnique, Heather Yaxley, The Whiskey Priest, On The Beat, Paul Canning, Martin Stabe, Mat Bowles, Pigdogfucker Rachel North B3TA board, Naqniq, Yorkshire Ranter, The Home Of Football, UFO Breakfast Recipients, Moninski , Kerching, e-clectig, Mediocracy, Sicily Scene, Samizdata, I blog, they blog, weblog, Colcam, Some Random Thoughts, Bel is thinking, Vino S, Simply Jews, Atlantic Free Press, Registan, Filasteen, Britblog Roundup #136, Scientific Misconduct Blog, Adam Bowie, Duncan at Abcol, Camera Anguish, A Very British Dude, Whatever, Central News, Green Gathering, Leighton Cooke Skuds’ Sister’s Brother, Contrast News, Poliblog Perspective, Parish Pump, El Gales, Noodle, Curly’s Corner Shop, Freunde der offenen Gesellschaft, otromundoesposible, Richard Stacy, Looking For A Voice, News Dissector, Kateshomeblog, Writes Like She Talks, Extra! Extra!, Committee To Protect Bloggers, Liberty’s Requiem, American Samizdat, The Thunder Dragon, Cybersoc, Achievable Life, Paperholic, Creative-i, Raedwald, Nobody’s Friend, Lobster Blogster, Panchromatica (251).
Adam Nick It
Not the usual story you would find on here, but I couldn't resist the pun on the name, which the number 1 political blogger Guido was either too stoned or drunk to think of.
Adam Nick It.
Adam Nick It.
Government secretly pays Labour Party legal bills from taxpayers money
Government secretly pays Labour Party legal bills from taxpayers money
"The taxpayer has been forced to pay for the huge legal bill run up by Tony Blair's aides during the cash-for-honours police investigation. MPs expressed anger that a huge bill for private legal advice to Mr Blair's staff, believed to total around £100,000, has been quietly paid by the Government, and not by the Labour Party"...
Bob Marshall-Andrews, Labour MP for Medway and a senior barrister, said: "If this is true it is an extraordinary departure from the normal payment of legal costs out of public funds. This was an entirely justifiable investigation and in such circumstances people who choose to retain legal advice must, under our system, pay for it"...
Opposition MPs accused the Government of misusing taxpayers' money. Norman Baker, the head of the Liberal Democrat accountability unit, said the payment was "an absolute disgrace".
"The taxpayer has been forced to pay for the huge legal bill run up by Tony Blair's aides during the cash-for-honours police investigation. MPs expressed anger that a huge bill for private legal advice to Mr Blair's staff, believed to total around £100,000, has been quietly paid by the Government, and not by the Labour Party"...
Bob Marshall-Andrews, Labour MP for Medway and a senior barrister, said: "If this is true it is an extraordinary departure from the normal payment of legal costs out of public funds. This was an entirely justifiable investigation and in such circumstances people who choose to retain legal advice must, under our system, pay for it"...
Opposition MPs accused the Government of misusing taxpayers' money. Norman Baker, the head of the Liberal Democrat accountability unit, said the payment was "an absolute disgrace".
R (BROOKE); R (O'CONNELL); R (MURPHY) v PAROLE BOARD and ANR
R (BROOKE); R (O'CONNELL); R (MURPHY) v PAROLE BOARD & ANR
Last Updated: 3:53am BST 21/09/2007
Queen's Bench Division (Admin)
Hughes LJ, Treacy J
September 7, 2007
Bias - Fairness - Parole Board - Right to independent and impartial tribunal - Relationship of sponsorship between Parole Board and Ministry of Justice - Objective independence - Apparent bias - Executive non-departmental government body - Release on licence - Recall - Indefinite term prisoners - Appointment of members - Security of tenure - Rules of procedure - Directions for decision making - Funding - s. 239 Criminal Justice Act 2003 - Art. 5(4) European Convention on Human Rights 1950
FACTS
The claimant prisoners applied for judicial review alleging that the structure of the Parole Board and the way that it was controlled by the secretary of state were such that it did not enjoy the independence from the executive necessary for a court under the European Convention on Human Rights 1950 Art. 5(4). The board was constituted under the Criminal Justice Act 2003, s. 239. Its status was that of an executive non-departmental public body operating under the sponsorship of the Ministry of Justice. There were two parties to each Parole Board hearing: the secretary of state and the prisoner whose liberty was at stake. It was accepted that Parole Board decisions relating to the release on licence of indefinite term prisoners and decisions to recall from licence and re-release engaged the prisoner's rights under Art. 5(4) of the Convention. In order to establish the required independence for a court under Art. 5(4) it was necessary to have regard to the manner of appointment of its members and their term of office, to the existence of guarantees against outside pressures and to the appearance of independence. Independently of the Convention the common law rule of procedural fairness also required an absence of apparent bias. The prisoners submitted that the position of the board failed to satisfy the test of independence considering the appointment of members by the secretary of state, the terms of their tenure, the particular position of probation officer members who remained departmental employees, the rules of procedure made by the secretary of state, the directions for decision making made by the secretary of state, funding by the secretary of state, the consequences of sponsorship generally, and the absence of the appearance of independence. The secretary of state contended that neither separately nor together did any of those features detract from the board's essential independence in fact.
ISSUE
Whether the position of the Parole Board failed to satisfy the test of objective independence.
HELD (applications granted in part)
(i) The relationship of sponsorship between the ministry and the board was such as to create what objectively appeared to be a lack of independence, and to cause the sponsoring department sometimes to treat the board as part of its establishment. That had led to inadequate protection for the security of tenure of members. It had also led to documented examples of the use of the powers of the department which had not been consistent with the need to maintain the board's objective independence; those had been powers of funding, of appointment and to give directions, R (Girling) v Parole Board [2006] EWCA Civ 1779, [2007] 2 WLR 782 considered. The practice of regular confidential meetings between the board and the department, as one party to its decisions, and the appearance given by the integration of the board with the department for accommodation and for electronic communications might not, alone, be inconsistent with the necessary demonstration of objective independence but, taken together with the other incidents of sponsorship, they were. For those reasons the arrangements for the Parole Board did not sufficiently demonstrate its objective independence of the secretary of state, as required by both English common law and Art. 5(4) of the Convention, Weeks v United Kingdom (A/114) (1988) 10 EHRR 293 and Hirst v United Kingdom (40787/98) Times, August 3, 2001 considered.
(ii) Three of the prisoners were entitled to declarations that the Parole Board did not meet the requirements of the common law and of Art. 5(4) for a court to have demonstrated objective independence of the executive and of the parties. The case of one prisoner was adjourned for hearing by a fresh court. The decisions made in the cases of two prisoners would not have been different if the structure of the board had not had the flaws which had been identified. The decisions in their cases were not quashed. In the case of one of the two, the period of his recall had in any event expired.
Sam Grodzinski (instructed by Irwin Mitchell) for the claimants Brooke and Ter-Ogannisyan. Phillippa Kaufmann (instructed by Bhatt Murphy) for the claimant O'Connell. Hugh Southey (instructed by Stephensons, West Midlands) for the claimant Murphy. Michael Fordham QC, Gemma White and Ben Jaffey (instructed by the Treasury Solicitor) for the Parole Board. Monica Carss-Frisk QC and Mark Vinall (instructed by the Treasury Solicitor) for the Lord Chancellor & Secretary of State for Justice.
Last Updated: 3:53am BST 21/09/2007
Queen's Bench Division (Admin)
Hughes LJ, Treacy J
September 7, 2007
Bias - Fairness - Parole Board - Right to independent and impartial tribunal - Relationship of sponsorship between Parole Board and Ministry of Justice - Objective independence - Apparent bias - Executive non-departmental government body - Release on licence - Recall - Indefinite term prisoners - Appointment of members - Security of tenure - Rules of procedure - Directions for decision making - Funding - s. 239 Criminal Justice Act 2003 - Art. 5(4) European Convention on Human Rights 1950
FACTS
The claimant prisoners applied for judicial review alleging that the structure of the Parole Board and the way that it was controlled by the secretary of state were such that it did not enjoy the independence from the executive necessary for a court under the European Convention on Human Rights 1950 Art. 5(4). The board was constituted under the Criminal Justice Act 2003, s. 239. Its status was that of an executive non-departmental public body operating under the sponsorship of the Ministry of Justice. There were two parties to each Parole Board hearing: the secretary of state and the prisoner whose liberty was at stake. It was accepted that Parole Board decisions relating to the release on licence of indefinite term prisoners and decisions to recall from licence and re-release engaged the prisoner's rights under Art. 5(4) of the Convention. In order to establish the required independence for a court under Art. 5(4) it was necessary to have regard to the manner of appointment of its members and their term of office, to the existence of guarantees against outside pressures and to the appearance of independence. Independently of the Convention the common law rule of procedural fairness also required an absence of apparent bias. The prisoners submitted that the position of the board failed to satisfy the test of independence considering the appointment of members by the secretary of state, the terms of their tenure, the particular position of probation officer members who remained departmental employees, the rules of procedure made by the secretary of state, the directions for decision making made by the secretary of state, funding by the secretary of state, the consequences of sponsorship generally, and the absence of the appearance of independence. The secretary of state contended that neither separately nor together did any of those features detract from the board's essential independence in fact.
ISSUE
Whether the position of the Parole Board failed to satisfy the test of objective independence.
HELD (applications granted in part)
(i) The relationship of sponsorship between the ministry and the board was such as to create what objectively appeared to be a lack of independence, and to cause the sponsoring department sometimes to treat the board as part of its establishment. That had led to inadequate protection for the security of tenure of members. It had also led to documented examples of the use of the powers of the department which had not been consistent with the need to maintain the board's objective independence; those had been powers of funding, of appointment and to give directions, R (Girling) v Parole Board [2006] EWCA Civ 1779, [2007] 2 WLR 782 considered. The practice of regular confidential meetings between the board and the department, as one party to its decisions, and the appearance given by the integration of the board with the department for accommodation and for electronic communications might not, alone, be inconsistent with the necessary demonstration of objective independence but, taken together with the other incidents of sponsorship, they were. For those reasons the arrangements for the Parole Board did not sufficiently demonstrate its objective independence of the secretary of state, as required by both English common law and Art. 5(4) of the Convention, Weeks v United Kingdom (A/114) (1988) 10 EHRR 293 and Hirst v United Kingdom (40787/98) Times, August 3, 2001 considered.
(ii) Three of the prisoners were entitled to declarations that the Parole Board did not meet the requirements of the common law and of Art. 5(4) for a court to have demonstrated objective independence of the executive and of the parties. The case of one prisoner was adjourned for hearing by a fresh court. The decisions made in the cases of two prisoners would not have been different if the structure of the board had not had the flaws which had been identified. The decisions in their cases were not quashed. In the case of one of the two, the period of his recall had in any event expired.
Sam Grodzinski (instructed by Irwin Mitchell) for the claimants Brooke and Ter-Ogannisyan. Phillippa Kaufmann (instructed by Bhatt Murphy) for the claimant O'Connell. Hugh Southey (instructed by Stephensons, West Midlands) for the claimant Murphy. Michael Fordham QC, Gemma White and Ben Jaffey (instructed by the Treasury Solicitor) for the Parole Board. Monica Carss-Frisk QC and Mark Vinall (instructed by the Treasury Solicitor) for the Lord Chancellor & Secretary of State for Justice.
Saturday, September 22, 2007
I'm Spartacus
I'm Spartacus
Over 120 bloggers have now come out fighting for freedom of speech which a Russian gangster, Alisher Usmanov, is trying to kill through his shyster lawyers Schillings. Ordovicus has called this The Spartacus Effect. "Question: What happens when you use your wealth to shut down two blogs in order to silence their negative criticism of you?
Answer: You get over 120 blogs standing up to take their place...".
Curious Hamster, Pickled Politics, Harry’s Place, Tim Worstall, Dizzy, Iain Dale, Ten Percent, Blairwatch, Davide Simonetti, Earthquake Cove, Turbulent Cleric (who suggests dropping a line to the FA about Mr Usmanov), Mike Power, Jailhouse Lawyer, Suesam, Devil’s Kitchen, The Cartoonist, Falco, Casualty Monitor, Forever Expat, Arseblog, Drink-soaked Trots (and another), Pitch Invasion, Wonko’s World, Roll A Monkey, Caroline Hunt, Westminster Wisdom, Chris K, Anorak, Mediawatchwatch, Norfolk Blogger, Chris Paul, Indymedia (with a list of Craig Murray’s articles that are currently unavailable), Obsolete, Tom Watson, Cynical Chatter, Reactionary Snob, Mr Eugenides, Matthew Sinclair, The Select Society, Liberal England, Davblog, Peter Gasston Pitch Perfect, Adelaide Green Porridge Cafe, Lunartalks, Tygerland, The Crossed Pond, Our Kingdom, Big Daddy Merk, Daily Mail Watch, Graeme’s, Random Thoughts, Nosemonkey, Matt Wardman, Politics in the Zeros, Love and Garbage, The Huntsman, Conservative Party Reptile, Ellee Seymour, Sabretache, Not A Sheep, Bartholomew’s Notes on Religion, The People’s Republic Of Newport, Life, the Universe & Everything, Arsenal Transfer Rumour Mill, The Green Ribbon, Blood & Treasure, The Last Ditch, Areopagitica, Football in Finland, An Englishman’s Castle, Freeborn John, Eursoc, The Back Four, Rebellion Suck!, Ministry of Truth, ModernityBlog, Beau Bo D’Or, Scots and Independent, The Splund, Bill Cameron, Podnosh, Dodgeblogium, Moving Target, Serious Golmal, Goonerholic, The Spine, Zero Point Nine, Lenin’s Tomb, The Durruti Column, The Bristol Blogger, ArseNews, David Lindsay, Quaequam Blog!, On A Quiet Day…, Kathz’s Blog, England Expects, Theo Spark, Duncan Borrowman, Senn’s Blog, Katykins, Jewcy, Kevin Maguire, Stumbling and Mumbling, Famous for 15 megapixels, Ordovicius, Tom Morris, AOL Fanhouse, Doctor Vee, The Curmudgeonly, The Poor Mouth, 1820, Hangbitch, Crooked Timber, ArseNole, Identity Unknown, Liberty Alone, Amused Cynicism, Clairwil, The Lone Voice, Tampon Teabag, Unoriginalname38, Special/Blown It, The Remittance Man, 18 Doughty Street
Guardian report here.
Daily Mirror report here.
UPDATE: Now 173 blogs...
The McCanns to star in Xmas pantomime
The McCanns to star in Xmas pantomime
He's behind you!
At school I was told about King Cnut and how it was rumoured that he believed he had the power to turn the tide. We need to bear in mind that the McCanns are lying through their teeth in an attempt to save their skins. This is why they have employed a spin doctor to turn their guilt into innocence. This pair of cnuts are attempting to stop and turn the tide of public criticisms. For Madeleine's sake they cannot be allowed to succeed.
Friday, September 21, 2007
Shouldn't there be a public inquiry into this Russian gangster?
Shouldn't there be a public inquiry into this Russian gangster?
Alisher Usmanov
Friday, 21 September 2007
Alisher Usmanov, potential Arsenal chairman, is a Vicious Thug, Criminal, Racketeer, Heroin Trafficker and Accused Rapist
Reposted from Craig Murray (Original post date was 6th september 2007)
"I thought I should make my views on Alisher Usmanov quite plain to you. You are unlikely to see much plain talking on Usmanov elsewhere in the media becuase he has already used his billions and his lawyers in a pre-emptive strike. They have written to all major UK newspapers, including the latter:
“Mr Usmanov was imprisoned for various offences under the old Soviet regime. We wish to make it clear our client did not commit any of the offences with which he was charged. He was fully pardoned after President Mikhail Gorbachev took office. All references to these matters have now been expunged from police records . . . Mr Usmanov does not have any criminal record.”
Let me make it quite clear that Alisher Usmanov is a criminal. He was in no sense a political prisoner, but a gangster and racketeer who rightly did six years in jail. The lawyers cunningly evoke "Gorbachev", a name respected in the West, to make us think that justice prevailed. That is completely untrue.
Usmanov's pardon was nothing to do with Gorbachev. It was achieved through the growing autonomy of another thug, President Karimov, at first President of the Uzbek Soviet Socilist Republic and from 1991 President of Uzbekistan. Karimov ordered the "Pardon" because of his alliance with Usmanov's mentor, Uzbek mafia boss and major international heroin overlord Gafur Rakimov. Far from being on Gorbachev's side, Karimov was one of the Politburo hardliners who had Gorbachev arrested in the attempted coup that was thwarted by Yeltsin standing on the tanks outside the White House.
Usmanov is just a criminal whose gangster connections with one of the World's most corrupt regimes got him out of jail. He then plunged into the "privatisation" process at a time when gangster muscle was used to secure physical control of assets, and the alliance between the Russian Mafia and Russian security services was being formed.
Usmanov has two key alliances. he is very close indeed to President Karimov, and especially to his daughter Gulnara. It was Usmanov who engineered the 2005 diplomatic reversal in which the United States was kicked out of its airbase in Uzbekistan and Gazprom took over the country's natural gas assets. Usmanov, as chairman of Gazprom Investholdings paid a bribe of $88 million to Gulnara Karimova to secure this. This is set out on page 366 of Murder in Samarkand.
Alisher Usmanov had risen to chair of Gazprom Investholdings because of his close personal friendship with Putin, He had accessed Putin through Putin's long time secretary and now chef de cabinet, Piotr Jastrzebski. Usmanov and Jastrzebski were roommates at college. Gazprominvestholdings is the group that handles Gazproms interests outside Russia, Usmanov's role is, in effect, to handle Gazprom's bribery and sleaze on the international arena, and the use of gas supply cuts as a threat to uncooperative satellite states.
Gazprom has also been the tool which Putin has used to attack internal democracy and close down the independent media in Russia. Gazprom has bought out - with the owners having no choice - the only independent national TV station and numerous rgional TV stations, several radio stations and two formerly independent national newspapers. These have been changed into slavish adulation of Putin. Usmanov helped accomplish this through Gazprom. The major financial newspaper, Kommersant, he bought personally. He immediately replaced the editor-in-chief with a pro-Putin hack, and three months later the long-serving campaigning defence correspondent, Ivan Safronov, mysteriously fell to his death from a window.
All this, both on Gazprom and the journalist's death, is set out in great detail here:
http://www.craigmurray.co.uk/archives/2007/06/russian_journal.html
Usmanov is also dogged by the widespread belief in Uzbekistan that he was guilty of a particularly atrocious rape, which was covered up and the victim and others in the know disappeared. The sad thing is that this is not particularly remarkable. Rape by the powerful is an everyday hazard in Uzbekistan, again as outlined in Murder in Samarkand page 120. If anyone has more detail on the specific case involving Usmanov please add a comment.
I reported back in 2002 or 2003 in an Ambassadorial top secret telegram to the Foreign Office that Usmanov was the most likely favoured successor of President Karimov as totalitarian leader of Uzbekistan. I also outlined the Gazprom deal (before it happened) and the present by Usmanov to Putin (though in Jastrzebski's name) of half of Mapobank, a Russian commercial bank owned by Usmanov. I will never forget the priceless reply from our Embassy in Moscow. They said that they had never even heard of Alisher Usmanov, and that Jastrzebski was a jolly nice friend of the Ambassador who would never do anything crooked.
Sadly, I expect the football authorities will be as purblind. Football now is about nothing but money, and even Arsenal supporters - as tight-knit and homespun a football community as any - can be heard saying they don't care where the money comes from as long as they can compete with Chelsea.
I fear that is very wrong. Letting as diseased a figure as Alisher Usmanov into your club can only do harm in the long term".
-----------------------------------------------------------------------------------------------------------------
According to the BBC Alisher Usmanov is a metal magnate, surely a typo as mental magnate appears to be more appropriate.
McCanns appoint separate lawyers
McCanns appoint separate lawyers
I think that it is an interesting development to discover in an article criticising the McCanns for hampering the police investigation, this little snippet of information: "It is understood the McCanns will have separate lawyers to deal with the allegations which have been put to them by Portuguese police".
Divide and conquer...
Opposition leader tortured with drugs
I may have got this all wrong, but I think that this is the article that the Russian gangster, Alisher Usmanov, pictured here, has got his shyster lawyers, Schillings, to pull down along with the blog operated by Craig Murray. Other bloggers have also suffered as a result, they are Tim Ireland, Bob Piper, UK Today, and Boris Johnson.
UPDATE: I did get it wrong and here is the real McCoy here.
October 30, 2005
Opposition leader tortured with drugs
Today Sanjar Umarov lies, cold, unclothed, drugged and beaten, on the bare floor of a solitary confinement cell in Tashkent.
Last month I had dinner with Sanjar Umarov at Old Ebbitt Grill in Washington, just across from the White House. Sanjar leads Uzbekistan’s newest and best publicised opposition grouping, Sunshine Uzbekistan, which had largely taken over the Peasants and Entrepreneurs’ Party, itself a fairly recent addition to the opposition ranks.
There was a great deal of suspicion about Umarov from longer standing opposition figures. Umarov was an oligarch, from one of the leading regime families. He had made money in oil and cotton trading, both sectors which cannot be accessed without an inside political track. He had also been involved in the Uzdunrobita mobile telephone company, in which the major Uzbek partner was Gulnara Karimova, the President’s daughter. In March 2004 Karimova sold her shares in Uzdunrobita to a Russian company for 212 million dollars, a figure which places a much higher than realistic value on the company.
This transaction was an important stage in the peculiar business dealings between Russia and the Karimov family, which culminated in last November’s deal to allocate the bulk of Uzbekistan’s natural gas reserves to Gazprom. This deal was negotiated between Gulnara Karimova and Alisher Usmanov, the Uzbek born Russian oligarch who bought a substantial number of shares in Corus, the British steel company. Usmanov is also a Director of Gazprom responsible for their affairs in the former Soviet Union outside Russia.
Gulnara received a large cash payment - $88 million, according to my sources – on completion of the Gazpron deal, with further payments to come as gas is exported. Alisher Usmanov gave Putin a sweetener of 40% of the shares in Mapo Bank, an important Russian business bank with a close relationship to several blue chip western firms operating in Russia. The shares were made over to Piotr Jastrejebski, Putin’s private secretary who was a college friend of Alisher Usmanov and shared a flat with him.
This web is closely associated with Karimov’s succession strategy. He is desperate for Gulnara to succeed him, and the cash and Russian support is building up her power base. Some sort of Alisher Usmanov/Gulnara Karimova alliance is Karimov’s first choice to take over, in six or seven years time. This is the background to the diplomatic revolution of the last six months, with Karimov abandoning the US and turning back to the embrace of Mother Russia.
It is worth recalling that the Karimov regime had been aggressively anti-Russian, in terms of both propaganda, and of practical measures of linguistic discrimination. Approximately two million ethnic Russians have fled Uzbekistan since independence in 1991; about 400,000 are left.
This reorientation towards Russia went along with fierce anti-enterprise measures designed to stifle any entrepreneurial activity not under direct control of the Karimov family. This explained the physical closures of borders and bazaars, the crackdown on crash transactions and the channelling of all commercial activity through the state banks.
These developments not only brought still greater economic hardship to the poor, they created losers among the wealthy elite. Sanjar Umarov is an archetypal example of such “New losers”.
Umarov had studied business administration in Tennessee on a US government scholarship. His trading interests had widened from their Uzbek base. He has a home in Memphis, and a green card. His children are US citizens. Among the Uzbek elite, a class had come into existence of people who could do business with the West. Their business was now being cut off by Karimov.
It would be wrong to credit Sanjar Umarov with purely selfish motives. Unlike so many of his countrymen, he has the education and experience to understand that Karimov’s policies are economically disastrous. Over dinner, we shared our frustration over this: Uzbekistan is not a naturally poor country. It is extremely well endowed with gas, gold, uranium, iron, coal and most rare minerals you can think of. It is historically fertile and could be so again once the government-dictated cotton monoculture is abandoned.
Uzbekistan’s plight is inflicted on it by appalling government. Umarov and I both believe it could recover surprisingly quickly once basic economic freedoms are established, of which the first must be to take the land from the state and give it to the peasant farmers. Over dinner we discussed other ideas, such as voucher privatisation schemes to enable the common people to benefit from Uzbekistan’s mineral wealth. I found Umarov attentive, interested and pro-active.
The outlawed Uzbek opposition has been fractured. There are genuine, historical differences between the Erk and Birlik parties, and those differences are vital to a democracy. But, until we achieve democracy, people need to work together against Karimov. The parties had moved to do that, to their great credit, but there was understandable resentment and suspicion from those who had suffered in opposition for years, towards a “Johnny Come Lately” like Sanjar Umarov.
Well, he is certainly suffering now in his Tashkent cell. And, if Karimov is to be overthrown, in practice some reform-minded “insiders” are going to be needed to build the necessary national unity for reconstruction. That has to be faced. There are several prominent Uzbek opposition leaders, and Umarov now joins such figures as Mohammed Salih, Abdurahim Polat and others. One day let us hope the Uzbek people will freely choose between their politicians. For now, personal ambition needs to be subordinated to the need to end Karimov’s reign of terror.
The urgent need now is for all the opposition parties, including the Sunshine Coalition, to agree a platform of basic reform in the economy, the constitution, the police and judiciary, agriculture, education and many other areas. The broad lines of change need to be ready to roll out once Karimov goes. The most useful thing donors and foreign NGOs could do now would be to set up a programme outside Uzbekistan working with all parties to agree a plan of basic reform.
I found Umarov engaging and enthusiastic. I urged him to be cautious about returning to Uzbekistan, and was rather puzzled by his apparent confidence that he could pursue his political aims inside Uzbekistan without personal danger. Plainly he had good contacts with US official circles – since Karimov turned against the US, a pro-Western oligarch is a saleable commodity in Washington.
That Umarov was arrested at the time of the visit of Russian Foreign Minister Lavrov to Tashkent is a sign of the strength and ugliness of the current Uzbek/Russian relationship. Umarov is being kept in solitary confinement. Nodira Khidatoyova of his party claims to have been told by an inside source that the Prokurator’s office have been instructed to destroy his mind through psychotropic drugs.
That is certainly feasible. There have been many examples of prisoners being forcibly injected, and Elena Urlaeva, another dissident I know, is currently undergoing such “treatment” in a psychiatric institution. Sanjar Umarov’s lawyer seems to provide some evidence for this. He found him naked, in solitary confinement, making repetitive movements and unable to communicate coherently.
The response of the international community to the brutal treatment of an opposition leader has been pathetic, as always with Uzbekistan. The UK, as EU Presidency, issued a pious statement hoping that “International norms of treatment would be respected”, when plainly they are not being.
Umarov is now being charged with “embezzlement”, and the UK hopes these charges will be “properly investigated”. How stupidly, utterly, inadequate! There is no “proper” investigation procedure in Uzbekistan, where 99% of those tried are convicted, and dissidents are framed literally every day, usually with narcotics or firearms offences. To pretend there is a shred of legitimacy to this treatment of Sanjar Umarov is a nonsense. Why is an alleged embezzler naked in solitary confinement?
If corruption is the real concern of the Uzbek authorities, Karimov and his daughter would be the first arrested. The international community, and the UK in particular, needs a much tougher response before Umarov dies in jail.
Craig Murray
Posted by richard on October 30, 2005 12:39 AM in the category Uzbekistan
UPDATE: I did get it wrong and here is the real McCoy here.
October 30, 2005
Opposition leader tortured with drugs
Today Sanjar Umarov lies, cold, unclothed, drugged and beaten, on the bare floor of a solitary confinement cell in Tashkent.
Last month I had dinner with Sanjar Umarov at Old Ebbitt Grill in Washington, just across from the White House. Sanjar leads Uzbekistan’s newest and best publicised opposition grouping, Sunshine Uzbekistan, which had largely taken over the Peasants and Entrepreneurs’ Party, itself a fairly recent addition to the opposition ranks.
There was a great deal of suspicion about Umarov from longer standing opposition figures. Umarov was an oligarch, from one of the leading regime families. He had made money in oil and cotton trading, both sectors which cannot be accessed without an inside political track. He had also been involved in the Uzdunrobita mobile telephone company, in which the major Uzbek partner was Gulnara Karimova, the President’s daughter. In March 2004 Karimova sold her shares in Uzdunrobita to a Russian company for 212 million dollars, a figure which places a much higher than realistic value on the company.
This transaction was an important stage in the peculiar business dealings between Russia and the Karimov family, which culminated in last November’s deal to allocate the bulk of Uzbekistan’s natural gas reserves to Gazprom. This deal was negotiated between Gulnara Karimova and Alisher Usmanov, the Uzbek born Russian oligarch who bought a substantial number of shares in Corus, the British steel company. Usmanov is also a Director of Gazprom responsible for their affairs in the former Soviet Union outside Russia.
Gulnara received a large cash payment - $88 million, according to my sources – on completion of the Gazpron deal, with further payments to come as gas is exported. Alisher Usmanov gave Putin a sweetener of 40% of the shares in Mapo Bank, an important Russian business bank with a close relationship to several blue chip western firms operating in Russia. The shares were made over to Piotr Jastrejebski, Putin’s private secretary who was a college friend of Alisher Usmanov and shared a flat with him.
This web is closely associated with Karimov’s succession strategy. He is desperate for Gulnara to succeed him, and the cash and Russian support is building up her power base. Some sort of Alisher Usmanov/Gulnara Karimova alliance is Karimov’s first choice to take over, in six or seven years time. This is the background to the diplomatic revolution of the last six months, with Karimov abandoning the US and turning back to the embrace of Mother Russia.
It is worth recalling that the Karimov regime had been aggressively anti-Russian, in terms of both propaganda, and of practical measures of linguistic discrimination. Approximately two million ethnic Russians have fled Uzbekistan since independence in 1991; about 400,000 are left.
This reorientation towards Russia went along with fierce anti-enterprise measures designed to stifle any entrepreneurial activity not under direct control of the Karimov family. This explained the physical closures of borders and bazaars, the crackdown on crash transactions and the channelling of all commercial activity through the state banks.
These developments not only brought still greater economic hardship to the poor, they created losers among the wealthy elite. Sanjar Umarov is an archetypal example of such “New losers”.
Umarov had studied business administration in Tennessee on a US government scholarship. His trading interests had widened from their Uzbek base. He has a home in Memphis, and a green card. His children are US citizens. Among the Uzbek elite, a class had come into existence of people who could do business with the West. Their business was now being cut off by Karimov.
It would be wrong to credit Sanjar Umarov with purely selfish motives. Unlike so many of his countrymen, he has the education and experience to understand that Karimov’s policies are economically disastrous. Over dinner, we shared our frustration over this: Uzbekistan is not a naturally poor country. It is extremely well endowed with gas, gold, uranium, iron, coal and most rare minerals you can think of. It is historically fertile and could be so again once the government-dictated cotton monoculture is abandoned.
Uzbekistan’s plight is inflicted on it by appalling government. Umarov and I both believe it could recover surprisingly quickly once basic economic freedoms are established, of which the first must be to take the land from the state and give it to the peasant farmers. Over dinner we discussed other ideas, such as voucher privatisation schemes to enable the common people to benefit from Uzbekistan’s mineral wealth. I found Umarov attentive, interested and pro-active.
The outlawed Uzbek opposition has been fractured. There are genuine, historical differences between the Erk and Birlik parties, and those differences are vital to a democracy. But, until we achieve democracy, people need to work together against Karimov. The parties had moved to do that, to their great credit, but there was understandable resentment and suspicion from those who had suffered in opposition for years, towards a “Johnny Come Lately” like Sanjar Umarov.
Well, he is certainly suffering now in his Tashkent cell. And, if Karimov is to be overthrown, in practice some reform-minded “insiders” are going to be needed to build the necessary national unity for reconstruction. That has to be faced. There are several prominent Uzbek opposition leaders, and Umarov now joins such figures as Mohammed Salih, Abdurahim Polat and others. One day let us hope the Uzbek people will freely choose between their politicians. For now, personal ambition needs to be subordinated to the need to end Karimov’s reign of terror.
The urgent need now is for all the opposition parties, including the Sunshine Coalition, to agree a platform of basic reform in the economy, the constitution, the police and judiciary, agriculture, education and many other areas. The broad lines of change need to be ready to roll out once Karimov goes. The most useful thing donors and foreign NGOs could do now would be to set up a programme outside Uzbekistan working with all parties to agree a plan of basic reform.
I found Umarov engaging and enthusiastic. I urged him to be cautious about returning to Uzbekistan, and was rather puzzled by his apparent confidence that he could pursue his political aims inside Uzbekistan without personal danger. Plainly he had good contacts with US official circles – since Karimov turned against the US, a pro-Western oligarch is a saleable commodity in Washington.
That Umarov was arrested at the time of the visit of Russian Foreign Minister Lavrov to Tashkent is a sign of the strength and ugliness of the current Uzbek/Russian relationship. Umarov is being kept in solitary confinement. Nodira Khidatoyova of his party claims to have been told by an inside source that the Prokurator’s office have been instructed to destroy his mind through psychotropic drugs.
That is certainly feasible. There have been many examples of prisoners being forcibly injected, and Elena Urlaeva, another dissident I know, is currently undergoing such “treatment” in a psychiatric institution. Sanjar Umarov’s lawyer seems to provide some evidence for this. He found him naked, in solitary confinement, making repetitive movements and unable to communicate coherently.
The response of the international community to the brutal treatment of an opposition leader has been pathetic, as always with Uzbekistan. The UK, as EU Presidency, issued a pious statement hoping that “International norms of treatment would be respected”, when plainly they are not being.
Umarov is now being charged with “embezzlement”, and the UK hopes these charges will be “properly investigated”. How stupidly, utterly, inadequate! There is no “proper” investigation procedure in Uzbekistan, where 99% of those tried are convicted, and dissidents are framed literally every day, usually with narcotics or firearms offences. To pretend there is a shred of legitimacy to this treatment of Sanjar Umarov is a nonsense. Why is an alleged embezzler naked in solitary confinement?
If corruption is the real concern of the Uzbek authorities, Karimov and his daughter would be the first arrested. The international community, and the UK in particular, needs a much tougher response before Umarov dies in jail.
Craig Murray
Posted by richard on October 30, 2005 12:39 AM in the category Uzbekistan
The presumption of innocence…
Charon QC…the blawg
Friday, September 21, 2007
The presumption of innocence…
Filed under: Charon — charonqc @ 9:35 am
The McCann case continues to attract tabloid and broadsheet interest - the latest story is that the McCann’s are prepared to take a lie detector test. I wrote a few days ago about my preference for the old fashioned idea - the presumption of innocence - and said that I am none to keen on trial by media.
I received this useful note today - which I have permission to post in full:
“The comments by Charon on the McCann case are quite right and that presumption of innocence should be maintained but so should the presumption of common sense.
The Portuguese criminal justice system is suffering from a hangover from the days of the Junta. The investigative process is shrouded in secrecy but remains fair non the less and suspects are still innocenet until proved guilty. One thing that people should bear in mind is that here in the UK the parents of Madeline McCann would have been suspects from day one of the investigation and there would have been just as much media frenzy generated.
The CATCHEM database used by police on investigations into child dissapearences indicates that 80% of missing children have been killed either by parents or close relatives and that the snatching of children by roving paedophiles is actually quite rare.
The media have been feasting off the idea that naming the parents as ‘arguido’ is something terribly unfair and that the Portuguese police are somehow corrupt or incompetant. This is a formality in the Portuguese criminal justice system and allows for questions to be put that are not allowed before the formal declaration that someone is a suspect. It is no different in principle to the Police and Criminal Evidence Act caution or the Miranda warning. Still why ruin a good story by telling it as it is!
We don’t formally allocate suspect status in our criminal justice systems but we do nevertheless treat all witnesses as in some way ’suspect’ and the last person to see the victim alive is usually included in the list of suspects.
I teach criminal investigation and am very familar with the evidence gathering process in the UK, US and Europe. They are different in style but it is quite silly to think that the UK is somehow a more sensitive system.
There has clearly been a fiasco in the leaking of alleged DNA evidence detail to the press and this has hurt the family unecessarily. Our media is the culprit however as they have plenty of access to people who could have put them right on the significance (or lack of) of this from the outset.
Trust no one said the lonely cop!
Regards
Barry Turner
Lecturer in Criminal Investigation
Department of Forensic and Biomedical Sciences
University of Lincoln
***
Thank you for writing Barry. I am delighted to be able to state the following: Barry Turner has written the comparative forensic criminal evidence sections for the Wiley Encyclopedia covering most of the European jurisdications
Friday, September 21, 2007
The presumption of innocence…
Filed under: Charon — charonqc @ 9:35 am
The McCann case continues to attract tabloid and broadsheet interest - the latest story is that the McCann’s are prepared to take a lie detector test. I wrote a few days ago about my preference for the old fashioned idea - the presumption of innocence - and said that I am none to keen on trial by media.
I received this useful note today - which I have permission to post in full:
“The comments by Charon on the McCann case are quite right and that presumption of innocence should be maintained but so should the presumption of common sense.
The Portuguese criminal justice system is suffering from a hangover from the days of the Junta. The investigative process is shrouded in secrecy but remains fair non the less and suspects are still innocenet until proved guilty. One thing that people should bear in mind is that here in the UK the parents of Madeline McCann would have been suspects from day one of the investigation and there would have been just as much media frenzy generated.
The CATCHEM database used by police on investigations into child dissapearences indicates that 80% of missing children have been killed either by parents or close relatives and that the snatching of children by roving paedophiles is actually quite rare.
The media have been feasting off the idea that naming the parents as ‘arguido’ is something terribly unfair and that the Portuguese police are somehow corrupt or incompetant. This is a formality in the Portuguese criminal justice system and allows for questions to be put that are not allowed before the formal declaration that someone is a suspect. It is no different in principle to the Police and Criminal Evidence Act caution or the Miranda warning. Still why ruin a good story by telling it as it is!
We don’t formally allocate suspect status in our criminal justice systems but we do nevertheless treat all witnesses as in some way ’suspect’ and the last person to see the victim alive is usually included in the list of suspects.
I teach criminal investigation and am very familar with the evidence gathering process in the UK, US and Europe. They are different in style but it is quite silly to think that the UK is somehow a more sensitive system.
There has clearly been a fiasco in the leaking of alleged DNA evidence detail to the press and this has hurt the family unecessarily. Our media is the culprit however as they have plenty of access to people who could have put them right on the significance (or lack of) of this from the outset.
Trust no one said the lonely cop!
Regards
Barry Turner
Lecturer in Criminal Investigation
Department of Forensic and Biomedical Sciences
University of Lincoln
***
Thank you for writing Barry. I am delighted to be able to state the following: Barry Turner has written the comparative forensic criminal evidence sections for the Wiley Encyclopedia covering most of the European jurisdications
Thursday, September 20, 2007
Has Clarence Mitchell breached the Official Secrets Act?
Has Clarence Mitchell breached the Official Secrets Act?
Following on from this post yesterday. And, the questions posed to Clarence Mitchell on Channel 4, which I posted in an update, and it has to be said that Clarence Mitchell was less than straight with his reply.
When, where, and how, did the McCanns become aware that they were under electronic surveillance by the Portuguese police? Clarence Mitchell would have become aware of this as Head of the Media Monitoring Unit when he was seconded to the Foreign Office because he was working in the employ of the British government. It is possible that MI6 informed him, to be careful. In any event, by informing the McCanns of information which he had received as a civil servant, and he would have had to sign The Official Secrets Act, he has breached that Act. So, not only has he perverted the course of justice, there is a second charge to face.
Clarence, are you still claiming you jumped because it is looking increasingly likely that you were pushed?
Sky News are reporting that the McCanns could have disposed of Madeleine in a pet crematorium.
Public Service Announcement
chicken yoghurt Chicken Yoghurt
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Public Service Announcement
Thursday September 20 2007 at 4:42 pm
Tim Ireland’s Bloggerheads site is currently down after his webhost pulled the plug. You can thank the latest Russian (that should be Uzbek) billionaire to reach the UK. The details will come out in due course.
Tim’s currently also without email so if anyone needs to get hold of him, I’m happy to be the go-between and pass on any message by phone. My email address is at the top of the page.
This also means that the family of websites that Tim and Clive (whose site is also down) look after are also currently AWOL. So if you’re missing the online presences of Craig Murray, Bob Piper or Boris Johnson, now you know why they’ve gone.
Tim and Clive are now looking for a new web home for themselves and the rest and are hoping to be back within 48 hours. If any sympathetic souls would help spread the word, it would be most appreciated.
Update: Some more background (via Garry). Those wishing to know more could do worse than a quick google.
Filed under a few administrative notices
See also Public (Carol) Service Announcement, Nick Barlow: MIA and Public Service Announcement: The Daily Show
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Comment by Paul Martin on September 20, 2007 at 4:51 pm
This is disturbing. I for one will be writing to the asking for Craig Murray’s accusations to be investigated.
Comment by Paul Martin on September 20, 2007 at 4:52 pm
Ooops should have said to the FA
Comment by Justin on September 20, 2007 at 4:56 pm
That sounds like an excellent idea, Paul.
Comment by Mike Power on September 20, 2007 at 4:59 pm
Who was the webhost? Might be one to avoid/boycott ;)
Comment by Sunny on September 20, 2007 at 5:22 pm
Yeah, who was the hosting company??
Comment by Justin on September 20, 2007 at 5:25 pm
Can’t say too much at this point, but things will be said when Tim’s back in action.
Comment by Tom on September 20, 2007 at 5:39 pm
That’s obscene. Consider it publicised further.
Comment by Jherad on September 20, 2007 at 5:47 pm
Ugh, sad to hear. Best of of luck to Tim and the others in getting their sites back online ASAP.
I’d say that they should try to find a host with a spine - but unfortunately it is more of a problem with current law, than the hosts themselves.
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Iain Dale's take on it here.
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« The Blog Digest digested: Chapter 4 | home |
Public Service Announcement
Thursday September 20 2007 at 4:42 pm
Tim Ireland’s Bloggerheads site is currently down after his webhost pulled the plug. You can thank the latest Russian (that should be Uzbek) billionaire to reach the UK. The details will come out in due course.
Tim’s currently also without email so if anyone needs to get hold of him, I’m happy to be the go-between and pass on any message by phone. My email address is at the top of the page.
This also means that the family of websites that Tim and Clive (whose site is also down) look after are also currently AWOL. So if you’re missing the online presences of Craig Murray, Bob Piper or Boris Johnson, now you know why they’ve gone.
Tim and Clive are now looking for a new web home for themselves and the rest and are hoping to be back within 48 hours. If any sympathetic souls would help spread the word, it would be most appreciated.
Update: Some more background (via Garry). Those wishing to know more could do worse than a quick google.
Filed under a few administrative notices
See also Public (Carol) Service Announcement, Nick Barlow: MIA and Public Service Announcement: The Daily Show
permalink • trackback • print this • leave a comment
« The Blog Digest digested: Chapter 4 | home |
9 comments | leave a comment
Comment by Paul Martin on September 20, 2007 at 4:51 pm
This is disturbing. I for one will be writing to the asking for Craig Murray’s accusations to be investigated.
Comment by Paul Martin on September 20, 2007 at 4:52 pm
Ooops should have said to the FA
Comment by Justin on September 20, 2007 at 4:56 pm
That sounds like an excellent idea, Paul.
Comment by Mike Power on September 20, 2007 at 4:59 pm
Who was the webhost? Might be one to avoid/boycott ;)
Comment by Sunny on September 20, 2007 at 5:22 pm
Yeah, who was the hosting company??
Comment by Justin on September 20, 2007 at 5:25 pm
Can’t say too much at this point, but things will be said when Tim’s back in action.
Comment by Tom on September 20, 2007 at 5:39 pm
That’s obscene. Consider it publicised further.
Comment by Jherad on September 20, 2007 at 5:47 pm
Ugh, sad to hear. Best of of luck to Tim and the others in getting their sites back online ASAP.
I’d say that they should try to find a host with a spine - but unfortunately it is more of a problem with current law, than the hosts themselves.
Pingback by Blogs down… « Samantha, Gordon, & Me on September 20, 2007 at 5:54 pm
[…] Public Service Announcement […]
RSS feed for comments on this post | trackBack link
You can also bookmark this on del.icio.us or check the technorati cosmos.
leave a comment
Iain Dale's take on it here.
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