Miranda detention and British civil liberties


This video from the USA is called Glenn Greenwald Fires Back After Partner Detained At Heathrow.

By Paul Donovan in Britain:

Miranda’s ordeal is part of a bigger picture

Tuesday 20 August 2013

The detention of David Miranda under Schedule 7 of the Terrorism Act should surprise no-one. It is the logical conclusion of the evolution of anti-terror law in Britain over the past four decades.

This legislation has never really been about stopping terrorism but policing dissent.

Note that the Terrorism Act itself, extending detention under anti-terror law from seven to 14 days came in 2000, a time of unprecedented peace in Northern Ireland and pre-September 11 2001.

The boundaries of anti-terror law have been pushed and pushed since the introduction of the first Prevention of Terrorism Act (PTA) in 1974, at the time of the Guildford and Birmingham pub bombings.

The justification for anti-terror laws shelters under what former chief constable of Devon and Cornwall Police John Alderson called the cry of dictators everywhere, namely give me your liberties and I will give you security.

The stopping of thousands of mainly Irish people at ports and airports under the early PTA was documented by Paddy Hillyard in his excellent book Suspect Community.

The whole process though took on a new life after September 11 2001.

Draconian legislation was passed allowing detention without trial, then the use of control orders.

People were represented by special advocates with the accused and lawyers unable to see the evidence or even know what they were accused of.

It is against this ongoing process that Miranda’s detention needs to be seen.

A police state has been building up in the shadows in this country for decades.

It has been regularly justified on the basis of the need to prevent terrorism, but in reality it has been all about stopping dissent of any kind.

So while in the early stages anti-terror policies focused on making suspect communities of first the Irish and then the Muslims, now its tentacles have stretched out to enmesh anti-arms protesters, journalists and others who dissent.

The level of acceptance of this state of affairs can be seen even with the latest incident, where despite the outrage over Miranda’s detention, no-one seems to be concerned that 60,000-plus people a year are being stopped under this legislation.

What possible justification can there be for such action other than that of dictators everywhere – the great liberty/security “tradeoff.”

Detention of Glenn Greenwald’s partner approved at highest levels of US and UK governments: here.

In a comment published Monday, Guardian editor-in-chief Alan Rusbridger wrote that he and other Guardian journalists were faced with unofficial threats of legal action by the British government, and therefore were forced to destroy hard drives containing material from whistle blower Edward Snowden: here.

24 thoughts on “Miranda detention and British civil liberties

  1. British PM under pressure on Guardian computer smashing

    Updated August 22, 2013, 3:39 am

    LONDON (AFP) – British Prime Minister David Cameron on Wednesday faced calls to address parliament on why the country’s top civil servant pressured the Guardian newspaper to destroy or return Edward Snowden’s leaked files.

    The call from a senior lawmaker came as Deputy Prime Minister Nick Clegg’s spokesman said that asking the daily to comply was better than taking legal action over the documents handed over by the former US National Security Agency (NSA) contractor.

    Britain meanwhile faced fresh international criticism over both the computer incident and the detention at the weekend of David Miranda, the boyfriend of Guardian journalist Glenn Greenwald who worked with Snowden on the leaks.

    The left-liberal Guardian’s editor Alan Rusbridger has claimed he was ordered to destroy some of the newspaper’s classified Snowden files during a shadowy visit from a senior government official a month ago.

    The government confirmed on Wednesday that the official sent to the Guardian was Cabinet Secretary Jeremy Heywood, a politically neutral civil servant who is Cameron’s most senior policy advisor.

    Keith Vaz, chairman of the British parliament’s Home Affairs Select Committee scrutiny body, called on Cameron to make a “full statement” to the House of Commons when it returns in September.

    “The actions of the cabinet secretary are unprecedented and show that this issue has reached the highest levels of government,” he said.

    “It explains why Downing Street, the White House and the home secretary were briefed in advance about David Miranda’s detention.

    “The prime minister must make a full statement to parliament on the day it returns. We need to know the full facts. Nothing less will do.”

    Rusbridger said two security experts from Britain’s electronic eavesdropping agency GCHQ (Government Communications Headquarters) oversaw the destruction of hard drives on July 20.

    Beforehand, the editor had informed government officials that copies of the files, which were encrypted, existed outside Britain and that the newspaper was neither their sole recipient nor their steward.

    A senior editor and a Guardian computer expert used power tools to pulverise the hard drives and memory chips.

    Based on the documents from Snowden, who has been granted temporary asylum in Russia as he flees a US bid to prosecute him, the Guardian has published details about mass surveillance programmes conducted by the NSA and GCHQ.

    Clegg’s spokesman said the deputy PM understood concerns about press freedom.

    But he “thought it was reasonable for the cabinet secretary to request that The Guardian destroyed data that would represent a serious threat to national security if it was to fall into the wrong hands,” the spokesman said.

    “The deputy prime minister felt this was a preferable approach to taking legal action.”

    A Downing Street spokesman told AFP: “We won’t go into specific cases, but if highly sensitive information was being held unsecurely, the government would have a responsibility to secure it.”

    The hard drive destruction and Miranda’s detention for nine hours under anti-terror laws as he travelled through London Heathrow Airport on Sunday have triggered unease in several other countries.

    Russia condemned the “perverse practice of double standards applied by London in the field of human rights”.

    “The steps undertaken by the British authorities towards the Guardian newspaper are out of synch with the British side’s stated commitment to universal human rights standards including freedom of the press,” the foreign ministry said.

    The Council of Europe, a pan-European rights body that is separate from the EU, meanwhile wrote to Britain’s interior minister Theresa May questioning whether the measures were compatible with Britain’s treaty obligations.

    “These measures, if confirmed, may have a potentially chilling effect on journalists’ freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights,” wrote the council’s Secretary General Thorbjoern Jagland.

    Germany’s top human rights official also sharply criticised the moves on the Guardian.

    Markus Loening, the rights chief at the foreign ministry, expressed “great concern” about media freedom in Britain, and branded Miranda’s detention “unacceptable”.

    Loening said he was “deeply shocked” and “the red line was crossed”.
    German Chancellor Angela Merkel’s spokesman said press freedom and the protection of journalistic sources were “crucial principles”.

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