Annie Machon

Judicial rendition - the UK-US extradition treaty is a farce

Sometimes I sit here reading the news -  on subjects in which I take a deep interest such as the recent police investigation into UK spy complicity in torture, where the police decided not to prosecute - and feel that I should comment.  But really, what would be the point?  Of course the police would not find enough concrete evidence, of course no individual spies would be held to account, despite the fact that the British government has already paid massive settlements to the victims.

Now there are reports that the police will be investigating MI6 involvement in the extraordinary rendition and torture of two Libyans.  The case appears bang to rights, with documentary evidence that high-ranking MI6 officers and government ministers were involved in and approved the operation.  Yet I'm willing to bet that the plods at Scotland Yard will still not be able to find the requisite evidence to prosecute anybody. 

The inevitable (and probably wished-for outcome on the part of the authorities) is that people become so weary and cynical about the lack of justice that they stop fighting for it.  And they can temporarily succeed, when we succumb to cynical burnout.

But the case reported in today's Daily Mail, that of a young British student facing extradition to the US despite having broken no laws in the UK, succeeded in rousing my wrath. 

The hapless 23-year old Richard O'Dwyer faces 10 years in a maximum security American prison.  His crime, according to the US, is that he set up a UK-based website that provided links to other international websites that allegedly hosted copyright material.

This case is so troubling on so many levels it is difficult to know where to begin.  There are issues around the crackdown of US corporate copyright law, issues around the inequality of the unilateral Extradition Act 2003, and historic questions of US hypocrisy about extradition.

So let's start with the unsupported allegations against poor Richard O'Dwyer.  He is a student who built a website that collated a list of sites in other countries that host films, books and music for free download.  O'Dwyer did not himself download any copyrighted material, and the websites he linked to were apparently within jurisdictions where such downloads are not illegal.  Providing a signpost to other legal international sites is manifestly not a crime in the UK and he has never been charged.

However, over the last couple of decades the US entertainment lobby has been fighting a vicious rearguard action against copyright infringement, starting with the music, then the film, and now the publishing industry.  The lobbyists have proved victorious and the invidious SOPA and PIPA laws are soon to be passed by the US Congress.  All well and good you might think - it's one of those mad US issues.  But oh no, these laws have global reach.  What might be legal within the UK might still mean that you fall foul of US legislation.

Which is where the Extradition Act 2003 becomes particularly threatening.  This law means that any UK citizen can be demanded by and handed over to the US with no prima facie evidence.  As we have seen in the appalling case of alleged hacker Gary McKinnon, it matters not if the "crime" were committed on UK soil (as you can see here, McKinnon's case was not prosecuted by the UK authorities in 2002.  If it had been, he would have received a maximum sentence of 6 months' community service: if extradited he is facing up to 70 years in a US maximum security prison).

The UK government has tried to spin the egregious Libyan cases as "judicial rendition" rather than "extraordinary kidnapping" or whatever it's supposed to be.  So I think it would be accurate to call Gary McKinnon's case "judicial rendition" too, rather than boring old extradition.

Richard O'Dwyer apparently didn't commit anything that could be deemed to be a crime in the UK, and yet he is still facing extradition to the US and a 10 year stretch.  The new US laws like SOPA threaten all of us, and not just with judicial rendition. 

As I have mentioned before, digital rights activist Cory Doctorow summed it up best: "you can't make a system that prevents spying by secret police and allows spying by media giants".  These corporate internet laws are a Trojan horse that will threaten our basic civil liberties across the board.

So now to my third point.  The hypocrisy around the American stance on extradition with the UK is breathtaking.   The UK has been dispatching its own citizens off at an alarming rate to the "tender" mercies of the US judicial system since 2004, with no prima facie evidence required.  In fact, the legal proof required to get a UK citizen extradited to the US is less than that required for someone to be extradited from one US state to another. 

The US, on the other hand, delayed ratifying the law until 2006, and the burden of proof required to extradite someone to the UK remains high, so it is unbalanced not only in concept but also in practice.  And this despite the fact that the law was seen as crucial to facilitate the transfer of highly dangerous terrorist suspects in the endless "war on terror".

Why has this happened?  One can but speculate about the power of the Irish lobby in the US government, as Sir Menzies Campbell did during a parliamentary debate about the Act in 2006.   However, it is well known that the US was remarkably coy about extraditing IRA suspects back to the UK to stand trial during the 30-year "Troubles" in Northern Ireland.  We even have well-known apologists such as Congressman Peter King, the Chairman of the Homeland Security Committee attempting to demonise organisations like Wikileaks as terrorist organisations, while at the same being a life-long supporter of Sinn Fein, the political wing of the Provisional IRA.

The double standards are breath-taking.  The US dictates an extradition treaty with the UK to stop terrorism, but then uses this law to target those who might potentially, tangentially, minutely threaten the profits of the US entertainment mega-corps; and then it delays ratifying and implementing its own law for potentially dubious political reasons.

And the UK government yet again rolls over and takes it, while innocent students such as Richard O'Dwyer must pay the price.  As his mother is quoted as saying: "if they can come for Richard, they can come for anyone".

Libya, MI6, and torture - interview on Press TV

Libya, MI6, torture, and more happy subjects discussed recently on "Africa Today" on Press TV. 

The programme was interesting, informed and balanced.  Do have a watch:

Libyans caught between a rock and a hard place

This article in today's New York Times, particularly these following two paragraphs, sent a shiver down my spine for the fate of the Libyan people:

"The most powerful military leader is now Abdel Hakim Belhaj, the former leader of a hard-line group once believed to be aligned with Al Qaeda.The growing influence of Islamists in Libya raises hard questions about the ultimate character of the government and society that will rise in place of Col. Muammar el-Qaddafi’s autocracy.....

....Mr. Belhaj has become so much an insider lately that he is seeking to unseat Mahmoud Jibril, the American-trained economist who is the nominal prime minister of the interim government, after Mr. Jibril obliquely criticized the Islamists."

The Libyans, finally free of Gaddafi's 42-year dictatorship, now seem faced with a choice between an Islamist faction that has stated publicly that it wants to base the new constitution on Sharia - a statement that must have caused a few ripples amongst Libya's educated and relatively  emancipated women - or a new government headed up by an American-trained economist. 

And we all know what happens to countries when such economists move in: asset stripping, the syphoning off of the national wealth to transnational mega-corps, and a plunge in the people's living standards.  If you think this sounds extreme, then do get your hands on a copy of Naomi Klein's excellent "Shock Doctrine" - required reading for anyone who wants to truly understand the growing global financial crisis.

Of course, this would be an ideal outcome for the US, UK and other western forces who intervened in Libya. 

Mr Belhaj is, of course, another matter.  Not only would an Islamist Libya be a potentially dangerous result for the West, but should Belhaj come to power he is likely to be somewhat hostile to US and particularly British interests.  

Why?  Well, Abdul Hakim Belhaj has form.  He was a leading light in the Libyan Islamic Fighting Group, a terrorist organisation which bought into the ideology of "Al Qaeda" and which had made many attempts to depose or assassinate Gaddafi, sometimes with the financial backing of the British spies, most notably in the failed assassination plot of 1996.

Of course, after 9/11 and Gaddafi's rapprochement with the West, this collaboration was all air-brushed out of history - to such an extent that in 2004 MI6 was instrumental in  kidnapping Belhaj, with the say-so of the CIA, and "extraordinarily rendering" him to Tripoli in 2004, where he suffered 6 years' torture at the hands of Libya's brutal intelligences services.  After this, I doubt if he would be minded to work too closely with UK companies.

So I'm willing to bet that there is more behind-the-scenes meddling from our spooks, to ensure the ascendency of Jibril in the new government.  Which will be great for Western business, but not so great for the poor Libyans.....

Spy documents found in Libya reveal more British double dealing

A cache of highly classified intelligence documents was recently discovered in the abandoned offices of former Libyan spy master, Foreign Minister and high-profile defector, Musa Kusa.  

These documents have over the last couple of weeks provided a fascinating insight into the growing links in the last decade between the former UK Labour government, particularly Tony Blair, and the Gaddafi regime.  They have displayed in oily detail the degree of toadying that the Blair government was prepared to countenance, not only to secure lucrative business contracts but also to gloss over embarrassing episodes such as Lockerbie and the false flag MI6-backed 1996 assassination plot against Gaddafi. 

These documents have also apparently revealed direct involvement by MI6 in the "extraordinary rendition" to Tripoli and torture of two Libyans.  Ironically it has been reported that they were wanted for being members of the Libyan Islamic Fighting Group, the very organisation that MI6 had backed in its failed 1996 coup. 

The secular dictatorship of Col Gaddafi always had much to fear from Islamist extremism, so it is perhaps unsurprising that, after Blair's notorious "deal in the desert" in 2004, the Gaddafi regime used its connections with MI6 and the CIA to hunt down its enemies.  And, as we have all been endlessly told, the rules changed after 9/11...

The torture  victims, one of whom is now a military commander of the rebel Libyan forces, are now considering suing the British government.  Jack Straw, the Foreign Secretary at the time, has tried to shuffle off any blame, stating that he could not be expected to know everything that MI6 does. 

Well, er, no - part of the job description of Foreign Secretary is indeed to oversee the work of MI6 and hold it to democratic accountability, especially about such serious policy issues as "extraordinary rendition" and torture.  Such operations would indeed need the ministerial sign-off to be legal under the 1994 Intelligence Services Act.

There has been just so much hot air from the current government about how the Gibson Torture Inquiry will get to the bottom of these cases, but we all know how toothless such inquiries will be, circumscribed as they are by the terms of the Inquiries Act 2005.  We also know that Sir Peter Gibson himself has for years been "embedded" within the British intelligence community and is hardly likely to hold the spies meaningfully to account.

So I was particularly intrigued to hear that the the cache of documents showed the case of David Shayler, the intelligence whistleblower who revealed the 1996 Gaddafi assassination plot and went to prison twice for doing so, first in France in 1998 and then in the UK in 2002, was still a subject of discussion between the Libyan and UK governments in 2007. And, as I have written before, as late as 2009 it was obvious that this case was still used by the Libyans for leverage, certainly when it came to the tit-for-tat negotiations around case of the murder in London outside the Libyan Embassy of WPC Yvonne Fletcher in 1984.

Of course, way back in 1998, the British government was all too ready to crush the whistleblower rather than investigate the disclosures and hold the spies to account for their illegal and reckless acts.  I have always felt that this was a failure of democracy, that it seriously undermined the future work and reputation of the spies themselves, and particularly that it was such a shame for the fate of the PBW (poor bloody whistleblower).

But it now appears that the British intelligence community's sense of omnipotence and of being above the law has come back to bite them.  How else explain their slide into a group-think mentality that participates in "extraordinary rendition" and torture?

One has to wonder if wily old Musa Kusa left this cache of documents behind in his abandoned offices as an "insurance policy", just in case his defection to the UK were not to be as comfortable as he had hoped - and we now know that he soon fled to Qatar after he had been questioned about the Lockerbie case.

But whether an honest mistake or cunning power play, his actions have helped to shine a light into more dark corners of British government lies and double dealing vis a vis Libya....

RTTV Interview: Libya - the perfect storm

My RTTV interview today about Libya, torture, and UK double-dealing:

 

Lawyers challenge integrity of UK spy torture inquiry

It was widely reported today that a number of well-respected British lawyers and civil liberties organisations are questioning the integrity of the much-trumpeted inquiry into UK spy complicity in torture.

And about time too.  One hopes this is all part of a wider strategy, not merely a defensive reaction to the usual power play on the part of the British establishment.  After all, it has been apparent from the start that the whole inquiry would be questionable when it was announced that Sir Peter Gibson would be chairing the inquiry.

Gibson has certain form.  He was until recently the Intelligence Services Commissioner - the very person who for the last five years has been invited into MI5, MI6 and GCHQ for cosy annual chats with carefully selected intelligence officers (ie those who won't rock the boat), to report back to the government that democratic oversight was working wonderfully, and it was all A-OK in the spy organisations.

After these years of happy fraternising, when his name was put forward to investigate potential criminal complicity in torture on the part of the spies, he did the publicly decent thing and resigned as Commissioner to take up the post of chair of the Torture Inquiry.

Well, we know the establishment always like a safe pair of hands....  and this safety has also been pretty much guaranteed by law for the last six years. 

Ever since the Inquiries Act 2005 was pushed through as law, with relatively little press awareness or parliamentary opposition, government departments and intelligence agencies have pretty much been able to call the shots when it comes to the scope of supposedly independent inquiries.

Interestingly, Tory grandee Sir Malcolm Rifkind, the former Foreign Secretary who now chairs the Intelligence and Security Committee, has also weighed in to the debate.  On BBC Radio 4's Today programme he stated:

"I cannot recollect an inquiry that's been proposed to be so open as we're having in this particular case. When was the last time the head of MI5 and the head of MI6 – the prime minister has made quite clear – can be summoned to this inquiry and be required to give evidence?"

This from the senior politician who has always denied that he was officially briefed about the illegal assassination plot against Colonel Gaddafi of Libya in 1996; this from the man who is now calling for the arming of the very same extremists to topple Gaddafi in the ongoing shambles that is the Libyan War; and this from the man who is also loudly calling for an extension of the ISC's legal powers so that it can demand access to witnesses and documents from the spy organisations. 

No doubt my head will stop spinning in a day or two....

UK Intelligence and Security Committee to be reformed?

The Guardian's spook commentator extraordinaire, Richard Norton-Taylor, has reported that the current chair of the Intelligence and Security Committee (ISC) in the UK Parliament, Sir Malcolm Rifkind, wants the committee to finally grow a pair.  Well, those weren't quite the words used in the Grauny, but they certainly capture the gist.

If Rifkind's stated intentions are realised, the new-look ISC might well provide real, meaningful and democratic oversight for the first time in the 100-year history of  the three key UK spy agencies - MI5, MI6, and GCHQ, not to mention the defence intelligence staff, the joint intelligence committee and the new National Security Council .

For many long years I have been discussing the woeful lack of real democratic oversight for the UK spies.  The privately-convened ISC, the democratic fig-leaf established under the aegis of the 1994 Intelligence Services Act (ISA), is appointed by and answerable only to the Prime Minister, with a remit only to look at finance, policy and administration, and without the power to demand documents or to cross-examine witnesses under oath.  Its annual reports are always heavily redacted and have become a joke amongst journalists.

When the remit of the ISC was being drawn up in the early 1990s, the spooks were apoplectic that Parliament should have any form of oversight whatsoever.  From their perspective, it was bad enough at that point that the agencies were put on a legal footing for the first time.  Spy thinking then ran pretty much along the lines of "why on earth should they be answerable to a bunch of here-today, gone-tomorrow politicians, who were leaky as hell and gossiped to journalists all the time"?

So it says a great deal that the spooks breathed a huge, collective sigh of relief when the ISC remit was finally enshrined in law in 1994.  They really had nothing to worry about.  I remember, I was there at the time.

This has been borne out over the last 17 years.  Time and again the spies have got away with telling barefaced lies to the ISC.  Or at the very least being "economical with the truth", to use one of their favourite phrases.  Former DG of MI5, Sir Stephen Lander, has publicly said that "I blanche at some of the things I declined to tell the committee [ISC] early on...".  Not to mention the outright lies told to the ISC over the years about issues like whistleblower testimony, torture, and counter-terrorism measures.

But these new developments became yet more fascinating to me when I read that the current Chair of the ISC proposing these reforms is no less than Sir Malcolm Rifkind, crusty Tory grandee and former Conservative Foreign Minister in the mid-1990s.

For Sir Malcolm was the Foreign Secretary notionally in charge of MI6 when the intelligence officers, PT16 and PT16/B, hatched the ill-judged Gaddafi Plot when MI6 funded a rag-tag group of Islamic extremist terrorists in Libya to assassinate the Colonel, the key disclosure made by David Shayler when he blew the whistle way back in the late 1990s.

Obviously this assassination attempt was highly reckless in a very volatile part of the world; obviously it was unethical, and many innocent people were murdered in the attack; and obviously it failed, leading to the shaky rapprochement with Gaddafi over the last decade.  Yet now we are seeing the use of similar tactics in the current Libyan war (this time more openly) with MI6 officers being sent to help the rebels in Benghazi and our government openly and shamelessly calling for regime change.

But most importantly from a legal perspective, in 1996 the "Gaddafi Plot" MI6 apparently did not apply for prior written permission from Rifkind - which they were legally obliged to do under the terms of the 1994 Intelligence Services Act (the very act that also established the ISC).  This is the fabled, but real, "licence to kill" - Section 7 of the ISA - which provides immunity to MI6 officers for illegal acts committed abroad, if they have the requisite ministerial permission.

At the time, Rifkind publicly stated that he had not been approached by MI6 to sanction the plot when the BBC Panorama programme conducted a special investigation, screened on 7 August 1997.  Rifkind's statement was also reported widely in the press over the years, including this New Statesman article by Mark Thomas in 2002.

That said, Rifkind himself wrote earlier this year in The Telegraph that help should now be given to the Benghazi "rebels" - many of whom appear to be members of the very same group that tried to assassinate Gaddafi with MI6's help in 1996 - up to and including the provision of arms.  Rifkind's view of the legalities now appear to be somewhat more flexible, whatever his stated position was back in the 90s. 

Of course, then he was notionally in charge of MI6 and would have to take the rap for any political fall-out.  Now he can relax into the role of "quis custodiet ipsos custodes?".  Such a relief.

I shall be watching developments around Rifkind's proposed reforms with interest.

Libya: my enemy's enemy is my friend, until he becomes my enemy again...

UK Prime Minister, David Cameron, reportedly made the startling statement recently that the military intervention in Libya "unlike Iraq, is necessary, legal and right". 

Would it not be wonderful if he could take the next logical step towards joined-up thinking and consider sending our esteemed Middle East Peace Envoy, a certain Mr T Blair, over for a spot of porridge at the International Criminal Court in The Hague?  After all, Cameron has now clearly implied that the Iraq war was "unnecessary, illegal and wrong".....

But back to Libya.  With the ongoing crisis - now war - much is being written about how the previous UK government collaborated with the Gaddafi regime in the last decade - while tacitly glossing over the last year of Coalition government where, no doubt, similar levels of cooperation and back-slapping and money-grubbing were going on at the highest levels to ensure the continuing flow of oil contracts to the UK.

But, yes, we should be dissecting the Labour/Gaddafi power balance.  Gaddafi had New Labour over the proverbial (oil) barrel from the late 1990s, when MI5 whistleblower David Shayler exposed the failed and illegal MI6 assassination plot against Colonel Gaddafi, using as fall-guys a rag-tag group of Islamic extremists.  The newly-elected Labour government's knee-jerk response at the time was to believe the spook's denials and cover-up for them.  Perhaps not so surprising, as the government ministers of the day were uncomfortably aware that the spies held files on them.  But this craven response did leave the government position exposed, as Gaddafi well knew.

The CIA was fully cognisant of this failed plot at the time, as were the French intelligence services.  The Gaddafi Plot is once again being referenced in the media, including the Telegraph, and a recent edition of the Huffington Post.  The details are still relevant, as it appears that our enterprising spooks are yet again reaching out to a rag-tag group of rebels - primarily Islamists and the Senussi royalists based around Benghazi. 

The lessons of the reckless and ill-thought out Gaddafi Plot were brushed under the carpet, so history may yet again be doomed to repeat itself.  Yes, Gaddafi has been one of the biggest backers of terrorism ever, and yes he has brutalised parts of his own population, but if he were deposed how can the West be sure that those stepping into the power vacuum would not be even more dangerous?

The Libyan government continued to use the 1996 MI6 assassination plot as leverage in its negotiations with the New Labour government right up until (publicly at least) 2009.  Musa Kousa, the current Foreign Minister, played a key role throughout.  For many years Kousa was the head of the Libyan External Security Organsiation and was widely seen as the chief architect of international Libyan-backed terrorism against the USA, the UK and France. 

Another apparent example of this moral blackmail caught my eye recently - this report in the Daily Mail.  Saif al-Islam Gaddafi was afforded MI6-backed protection when he was finally allowed into the UK in September 2002 to study at the LSE. 

The timing was particularly interesting, as only months earlier Saif had won a libel case against the UK's Sunday Telegraph newspaper.  A grovelling apology was made by the newspaper, but Saif refrained from asking for "exemplary damages" - which he would almost certainly have won.  The resulting pay-off for this restraint appears to be that a mere five months later he was welcomed into the UK with MI6-facilitated protection.

Saif's relations with the UK had not always been so rosy. As background to this case, in 1995 the Sunday Telegraph had fallen hook, line and sinker for a MI6 classic propaganda operation.  As The Guardian reported, the secretive MI6 media manipulation section, Information Operations, (I/Ops), had successfully spun a fake story to hapless spook hack, Con Coughlin, that Gaddafi Junior was involved in currency fraud.  This story was fake, but the paper trail it produced was used by the spies as a pretext to prevent Saif from entering the UK at the time. 

By 2002 this was all old history, of course.  Saif was welcomed to the UK, officially to study for his MA and PhD at the London School of Economics (and showing his gratitude to that august institution with a hefty donation of £1.5 million - it makes the new tuition fees for UK students seem better value for money), and unofficially to chum up to various Establishment enablers to end Libya's pariah status, open up lucrative trade channels, and get the SAS to train up Libya's special forces. 

The UK military must be just loving that now.....

So I get the feeling that the UK government has over the last decade indeed "danced with the devil".  After decades of viewing Libya and Colonel Gaddafi as a Priority One JIC intelligence target, the UK government fell over itself to appease the Gaddafi regime in the wake of the bungled assassination attempt in 1996 and the libelling of his son.  These were the sticks Gaddafi used; the carrots were undoubtedly the Saif/MI6-facilitated oil contracts. 

Of course, all this is now pretty much a moot point, following Dave Cameron's "necessary, legal and right" military intervention.  If the wily old Colonel manages to hang on grimly to some semblence of power (and he has an impressive track-record of surviving against the odds), then I doubt if he'll be happy to cooperate with British oil companies in the future.  At the very least. 

Gaddafi has already threatened "vengeance" against the West, and it was reported today that MI5 is taking this all-too-preditable risk seriously.

If Gaddafi is deposed, who can realistically predict the intentions and capabilities of those who will fill the power vacuum?  We should have learnt from Afghanistan and Iraq: my enemy's enemy is my friend - until he becomes my enemy again.....

 

RTTV interview - West caught between a rock and a hard place re Libya

Here is an interview I did today for RRTV about the evolving war in Libya:

 

The spies and Libya - time to dust off their conscience

As I've mentioned before, the former heads of UK intelligence agencies have a charming habit of speaking out in support of the rule of law, civil liberties, proportionality and plain common sense - but usually only after they have retired. 

Perhaps at their leaving parties their consciences are extracted from the security safe, dusted off and given back  - along with the gold watch?

Even then, post-retirement, they might try to thrice-deny potentially world-changing information, as Sir Richard Dearlove did when questioned by the fearless and fearsomely bright Silkie Carlo about the leaked Downing Street Memo at his recent speech at the Cambridge Union.  (The links are in two parts, as the film had to be mirrored on Youtube - Dearlove claimed copyright on the orginal Love Police film and had it taken down.)

And "out of context", my left foot - he could potentially have saved millions of lives in the Middle East if he'd gone public with his considered professional opinion about the intelligence facts being fitted around a preconceived war policy in the run-up to the invasion of Iraq.

Wouldn't it be lovely if these esteemed servants of the state, replete with respect, status and honours, could actually take a stand while they are still in a position to influence world events?

My former boss, Baroness Eliza Manningham-Buller, has been unusually vociferous since her retirement in 2007 and elevation to the peerage.  She used her maiden speech to the House of Lords to object to the proposed plans to increase police detention of terrorist suspects without charge from 28 to 42 days; she recently suggested that the "war on terror" is unwinnable and that we should, if possible, negotiate with "Al Qaeda" (well, it worked with the Provisional IRA); and that the "war on drugs" had been lost and the UK should treat recreational drug use as a health rather than a criminal issue. She steals all my best lines....

But credit where credit is due.  Despite the fact that she used the full power of the British state to pursue terrorist suspects up until 2007 and investigate drug barons in the 1990s, she did apparently try to make a stand while en poste in the run-up to the Iraq War.  Last year she gave evidence to the Chilcot Enquiry, stating that she had officially briefed the government that an invasion of Iraq would increase the terrorist threat to the UK.

So it's obvious that once a UK Prime Minister has come over all Churchillian he tends to ignore the counsel of his chief spooks, as we've seen with both the Downing Street Memo the Chilcot Enquiry. 

With that in mind, I've read with interest the recent press reports that the UK authorities apparently knew about Colonel Gaddafi retaining stockpiles of mustard gas and sarin (despite the fact that the world was assured in 2004 that it was his renunciation of WMDs that allowed him back into the international diplomatic fold) . 

So the key question is surely: is this another erroneous "45 minutes from attack" moment, with Gaddafi's alleged stockpiles of WMD a perfect scaremongering pretext to push for a full-on regime change in Libya; or is this genuine, and we were all lied to about Gaddafi's destruction of his WMD stockpiles for economic advantage and fat, juicy oil contracts?

The Wall Street Journal recently ran an article quoting the concern of "government insiders" about Gaddafi's potential future terrorism threat against the West, up to and including WMDs, should he cling on to power.  Well, yes, it would hardly be surprising if he were now to be as mad as a wasp with his ex-new best buddies.  Despite the sordid rapprochement in the last decade, he has been for much of his life an inveterate enemy of the West and sponsor of worldwide terrorism.

Rather than waiting for his "K" and his retirement, would it not be wonderful if the current head of MI5, Jonathan Evans, could extract his conscience from that dusty security safe and make a useful and informed statement to shed some light on the mess that the Libyan war is rapidly becoming?  He could potentially change the course of world history and save untold lives.

Tony Soprano meets Joe McCarthy

Now I'm not a huge follower of US political theatrics.  Give it a few years and the US of A will probably exit from the world stage pursued by a bear (or panda).  So why waste your time on a dying beast?  All you can do is try to avoid the death throes as best you can. 

But this did pique my interest, purely from the Hollywood-blockbuster schlock value.  The new Chair of the US Homeland Security Committee, Republican Congressman for New York Peter King, has opened a hearing called  “The Extent of Radicalization (with a "z") in the American Muslim Community and that Community's Response.” 

Here is the  Download Full_text and here's the video of King's opening statement:

 

Now isn't it wonderful that esteemed politician Peter King has woken up to the dangers of "the enemy within" - or not?  Over the last last few months he has flagrantly displayed his profound ignorance vis a vis the concept of terrorism.  Last December he called for the designation of Wikileaks, the high-tech conduit extraordinaire for public-spirited whistleblowers around the world, as a "terrorist organistion".  

And this from a politician who is reported to be a life-long supporter of the political wing of the Provisional IRA - another religious minority group that fought for its self-proclaimed ideals - and was for decades the "enemy within" the UK. 

In fact, until 9/11 the US Irish community was by far the biggest funder of PIRA terrorism for decades - so don't believe everything that is written about Colonel Gaddafi of Libya. 

I suppose it still holds true that one man's terrorist is another man's freedom fighter, and Rep Peter King is clearly adhering to that point of view.....

Looking at the above video, I can't get out of my head that it's a bit like putting the fictional organised crime boss, Tony Soprano, in charge of a government committee investigating organised crime.

But it gets worse.  King even mentions the dread phrase "despite what passes for conventional wisdom in certain circles, there is nothing radical or un-American in holding these hearings".  Wasn't that also what a certain Senator Joe McCarthy said in the 1950s about the Communist witchhunts?

Such moronic statements would potentially be amusing - if it were not for the fact that Peter Chair is the King of the Homeland Security Committee of the world's dying and desperate super-power, the USA. 

Oops, silly me, I muddled the words.....

But sadly he is, and no doubt the whole world will feel the repercussions of this.  The morphing of the fictional Tony Soprano and paranoid Joe Kennedy has spawned a hellish brat - let's call him Emmanuel Goldstein, for ease of reference.

 

RTTV interview - dancing with the devil - how not to deal with "rogue" states

Here is an interview I did for RTTV on 3 March 2011 about the possibility of Western intervention in the unfolding Libyan crisis:

 

Interestingly, a radio recording of the Dutch "rescue" mission I mentioned has appeared on the internet.  It appears that the pilots were less than honest about their flight plans and intentions, saying that they were heading to their ship south of Malta rather than back towards Tripoli.... where they are eventually caught.

Also, do have a read of this excellent article by Seamus Milne of The Guardian about ramifications of possible Western intervention.

That said, it looks like this viewpoint is being ignored.  The Daily Mail reported today that MI6 officers and SAS soldiers are massing in the East of Libya to assist the rebels.  Well, at least they're doing it openly now, unlike the illegal and failed Gaddafi Plot of 1996.

Libya Interview, RTTV 23 February 2011

My interview for RTTV about the current Libyan crisis:

 

The murder of Pat Finucane

Moving swiftly past the prurient, thigh-rubbing glee that most of the old media seems to be exhibiting over the alleged details of Julian Assange's love life, let's re-focus on the heart of the Wikileaks disclosures, and most importantly the aims underpinning them: transparency, justice, and an informed citizenry living within fully-functioning democracies.  Such quaint notions.

In the media maelstrom of the Cablegate disclosures, and the resulting infantile and thuggish threats of the American political class, is easy to lose sight of the fact that many of the leaked documents refer to scandals, corruption and cover-ups in a range of countries, not just the good old US of A.

One document that recently caught my attention related to the notorious murder twenty-one years ago of civil rights activist, Pat Finucane, in Northern Ireland.  Finucane was a well-known lawyer who was shot and killed in front of his wife and three small children.  There has long been speculation that he was targeted by Protestant terrorist groups, in collusion with the NI secret police, the army's notorious and now-disbanded Forces Research Unit (FRU), and/or MI5.

Well, over a decade ago former top plod, Lord (John) Stevens, began an inquiry that did indeed establish such state collusion, despite having his inquiry offices burnt out in the process by person/s allegedly unknown half-way through the investigation.  Stevens fought on, producing a damning report in 2003 confirming the notion of state collusion with Irish Loyalist terrorist activities, but never did clarify exactly what had happened to poor Pat Finucane.

However, Finucane's traumatised family has never stopped demanding justice.  The recent disclosure shines a light on some of the back-room deals around this scandal, and for that I'm sure many people thank Wikileaks.

The "Troubles" in Northern Ireland - such a quintessentially British understatement, in any other country it would have been called a civil war - were deceptive, murky and vicious on both sides.  "Collusion" is an elastic word that stretches beyond the strict notion of the state.  It is well-known that the US organistion, NORAID, supported by many Americans claiming Irish ancestry, was a major fundraising channel for, um, Sinn Fein, the political wing of the Provisional IRA, from the 1970s onwards. 

Such networks provided even more support than Colonel Gaddafi of Libya with his arms shipments, and the cash well only dried up post-9/11.  As you can see in this recent article in the The Telegraph, even the incoming Chairman of the House Homeland Security Committee, New York Congressman Peter King (who ironically called for the designation of Wkileaks as a "foreign terrorist organisation") appears to have been a life long supporter of Sinn Fein.

With this in the back of our minds, it appears that Dublin and Washington kept pushing for a full inquiry into Finucane's murder - and in 2005 it looked like MI5 would finally co-operate. 

However, the devil was in the detail. Coincidentally, 2005 was the year that the UK government rushed through a new law, the Inquiries Act, which scandalously allowed any department under investigation (in this case MI5) to dictate the terms and scope of the inquiry. 

Collusion by any state in the unlawful arrest, torture, and extrajudicial murder of people - whether its own citizens or others - is state terrorism.  Let's not mince our words here.  Amnesty International provides a clear definition of this concept.

As the The Guardian  article about Finucane so succintly puts it:

"When a state sanctions the killing of citizens, in particular citizens who are lawyers, it puts the rule of law and democracy in jeopardy. And when a state enlists auxiliary assassins, it cedes its monopoly over state secrets: it may feel omnipotent, but it is also vulnerable to disclosure."

Indeed.  Northern Ireland was like a Petri dish of human rights abuses: torture, Diplock courts (aka military tribunals), kidnappings, curfews, shoot-to-kill, informers, and state collusion in assassinations.

The infection has now spread.  These are precisely the tactics currently used by the US, the UK and their "auxiliary assassins" across great swathes of the Middle East.  Perhaps this explains why our nation states have been outflanked and have ceded their monopoly over secrets.

Will justice ever be done?  In the past I would have said, sadly, that would be highly unlikely.  However,  courageous organisations like Wikileaks and its ilk are improving the odds.

Sir John Sawers, head of MI6, makes historic public appearance

For the first time in 100 years "C", the head of the UK foreign intelligence service SIS (commonly known as MI6) has gone public.

Former career diplomat Sir John Sawers (he of Speedo fame) yesterday made a speech to the UK Society of Editors in what appeared to be a professionally diplomatic rear-guard action in response to a number of hot media topics at the moment.

Choosing both his audience wisely and his words carefully, he hit on three key areas:

Torture: Legal cases are currently going through UK courts on behalf of British victims of torture, in which MI5 and MI6 intelligence officers are alleged to have been complicit.  The Metropolitan Police are currently investigating a number of cases.  Over the last week, a British military training manual on "enhanced" interrogation techniques has also been made public. However, Sawers unblushingly states that MI6 abides by UK and international law and would never get involved, even tangentially, in torture cases.  In fact, he goes on to assert that the UK intelligence agencies are training the rest of the world in human rights in this regard.

   

Whistleblowing: In the week following the latest Wikileaks coup - the Iraq War Diaries, comprising nearly 400,000 documents detailing the everyday horror of life in occupied Iraq, including war crimes such as murder, rape and torture committed by both US and UK forces - Sawers states that secrecy is not a dirty word: the intelligence agencies need to have the confidence that whistleblowers will not emerge to in order to guard agent and staff identities, as well as maintaining the confidence of their international intelligence partners that their (dirty?) secrets will remain, um, secret.  One presumes he is advocating against the exposure of war crimes and justice for the victims.

This, one also presumes, is the justification for US politicians who propose cyber-attacks against Wikileaks and the declaration by some US political insiders that Julian Assange, spokesman of the organisation, should be treated as an unlawfully designated "unlawful combatant", subject to the full rigour of extra-judicial US power, up to and including assassination. 

Spurious media claims of unverified "damage" are the hoary old chestnuts always dragged out in whistleblower cases.  After Wikileaks released its Afghan War Blog in July, government and intelligence commentators made apocalyptic predictions that the leak had put military and agent lives at risk.  US Defense Secretary Robert Gates has since gone on the record to admit that this was simply not true. 

During the Shayler whistleblowing case a decade ago, the government repeatedly tried to assert that agent lives had been put at risk, and yet the formal judgement at the end of his trial stated that this was absolutely not the case.  And again, with the recent Wikileaks Iraq War Blog, government sources are using the same old mantra.  When will they realise that they can only cry wolf so many times and get away with it?  And when will the journalists regurgitating this spin wake up to the fact they are being played?

Accountability:  Sawers goes on to describe the mechanisms of accountability, such as they are.  He accurately states, as I have previously described ad nauseam, that under the 1994 Intelligence Services Act, he is notionally responsible to his political "master", the Foreign Secretary, who has to clear in advance any legally dubious foreign operations (up to and including murder – the fabled “licence to kill” is not fiction, as you can see here).

The 1994 ISA also established the Prime Minister's Intelligence and Security Committee (ISC) in Parliament, which many commentators seem to believe offers meaningful oversight of the spies.  However, as I have detailed before, this is a mere fig leaf to real accountability: the ISC can only investigate issues of policy, finance and administration of the spy agencies.  Disclosures relating to crime, operational incompetence or involvement in torture fall outside its remit.

But what happens if intelligence officers decide to operate beyond this framework? How would ministers or the ISC ever know?  Other spy masters have successfully lied to their political masters in the past, after all.

Sir John has the gall to say that, if an operation is not cleared by the Foreign Secretary, it does not proceed.  But what about the Gadaffi Plot way back in 1996, when MI6 was sponsoring a group of Islamic extremist terrorists in Libya to try to assassinate Colonel Gadaffi without, it has been asserted, the prior written approval of the then-Foreign secretary, Tory politician Malcom Rifkind?  This was reported extensively, including in this article by Mark Thomas in the New Statesman. What happens if rogue MI6 officers blithely side-step this notional accountability - because they can, because they know they will get away with it - because they have in the past?

In the interests of justice, UK and international law, and accountability, perhaps a new Conservative/Coalition government should now reassess its approach to intelligence whistleblowers generally, and re-examine this specific disclosure about Libya, which has been backed up by international intelligence sources, both US and French, in order to achieve some sort of closure for the innocent victims in Libya of this MI6-funded terrorist attack? And it is finally time to hold the perpetrators to account - PT16, Richard Bartlett, and PT16B, David Watson, who were the senior officers in MI6 responsible for the murder plot.

As civilised countries, we need to rethink our approach to the issue of whistleblowing. Lies, spin,  prosecutions and thuggish threats of assassination are beneath us as societies that notionally adhere to the principles of democracy.  If we can only realistically hope that the actions of our governments, military forces, and intelligence agencies are transparent and accountable via whistleblowers, then we need to ensure that these people are legally protected and that their voices are heard clearly.

 

Diamonds and Rust

So Colonel Gaddafi of Libya has been dishing out the diplomatic gifts generously to the former US administration.  Listed in the public declaration are even such items as a diamond ring presented to former Secretary of State, Condaleeza Rice, and other gifts to the value of $212,000.

This seems a slightly uneven distribution of largesse from the Middle East to the West.  Before 9/11 and the ensuing war on terror, Gaddafi was still seen by the west as the head of a "rogue state".  Bombs, rather than gifts, were more likely to rain down on him.

However, since 2001 he has come back into the fold and is as keen as the coalition of the "willing" to counter the threat from Islamic extremist terrorists.  So now he's the new bestest friend of the US and UK governments in this unending fight. 

But that was kind of inevitable, wasn't it?  As a secular Middle Eastern dictator, Gaddafi has traditionally had more to fear from Islamists than has the West.  Particularly when these same Islamist groups have received ongoing support from those very governments that are now cosying up to Gaddafi.

Just to remind you, the reason I helped David Shayler in his whistleblowing on the crimes of MI5 and MI6 was because of just such a plot- the attempted assassination of Gaddafi in 1996 that was funded by the UK external intelligence gathering agency, MI6.  In 1995 Shayler, then the head of the Libyan section in MI5,  was officially briefed by his counterpart in MI6, David Watson (otherwise known as PT16/B), about an unfolding plot to kill Gaddafi.  A Libyan military intelligence officer, subsequently code-named Tunworth, walked in to the British embassy in Tunis and asked to speak to the resident spook. 

Tunworth said he was the head of a "ragtag group of Islamic extremists" (who subsequently turned out to have links to Al Qaeda - at a time when MI5 had begun to investigate the group), who wanted to effect a coup against Colonel Gaddafi.  They needed funding to do this, and that was where MI6 came in.  As a quid pro quo, Tunworth promised to hand over the two Lockerbie supsects for trial in Europe , which had for years been one of MI6's priority targets - not to mention all those juicy oil contracts for BP et al.

Over the course of about 5 months, MI6 paid Tunworth's group over $100,000, thereby becoming conspirators in a murder plot.  Crucially, MI6 did not get the prior written permission of their political master, the Foreign Secretary, making this action illegal under the terms of the 1994 Intelligence Services Act. 

Manifestly, this coup attempt did not work - Gaddafi is now a strong ally of our western governments.  In fact, an explosion occurred beneath the wrong car in a cavalcade containing Gaddafi as he returned from the Libyan People's Congress in Sirte.  But innocent people died in the explosion and the ensuing security shoot-out.

So, MI6 funded an illegal, highly reckless plot in a volatile part of world that resulted in the deaths of innocent people.  How more heinous a crime could there be?  But to this day, despite a leaked MI6 document that proved they knew the existence of the proposed plot, and despite other intelligence sources backing up Shayler's disclosures, the UK government has still refused to hold an enquiry.  Quite the opposite - they threw the whistleblower in prison twice and tried to prosecute the investigating journalists.

Some people may call me naive for thinking that the intelligence agencies should not get involved in operations like this.  Putting aside the retort that the spies often conflate the idea of the national interest with their own, short-sighted careerism, I would like to remind such cynics that we are supposed to be living in modern democracies, where even the secret state is supposed to operate within the rule of law and democratic oversight.  Illegal assassination plots, the use of torture, and false flag, state-sponsored terrorism should remain firmly within the retro, pulp-fiction world of James Bond.