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Archive for the ‘Freedom of expression’ Category

David Irving – Free speech defender?

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See also: The parallels between AIDS denial and Holocaust negationism

It’s becoming something of a modern media tradition that whenever freedom of expression is discussed on TV, the pseudo-historian David Irving needs to be wheeled out to talk about the trials he has faced over his denial of the holocaust. Irving was famously jailed in Austria for a while after falling foul of the country’s laws that make denying the holocaust a criminal offence. Irving had given an inflammatory speech in Austria in 1989 which resulted in the case being initiated, and was arrested and put on trial when he returned in 2005.

I don’t doubt that there are some interesting (well, mildly interesting) questions around the wisdom and morality of locking people up for telling lies about the holocaust. The writer Deborah Lipstadt has argued that such measures are heavy-handed and counter-productive. Far more effective, she argues, to confront and expose a racist liar rather than giving him a chance to make a play for the moral highground by claiming martyrdom.

Lipstadt is in a good position to make this call. In 2000, Lipstadt’s legal team trounced David Irving in court, after he had sued her libel for describing him as a falsifier of history, a liar, an anti-semite and a holocaust denier. Armed with some of the most draconian and plaintiff-friendly libel laws in the western world, Irving had sought to impose a heavy penalty on Lipstadt for her criticisms of him. The move had backfired disatrously. Lipstadt had definitively proven her criticisms of Irving to be true, and helped in the process to destroy  what was left of his reputation as a historian.

Irving, it seems, is a supporter of free speech only when it suits him. He has sought actively  to use Britain’s libel laws to suppress legitimate criticism of his work, and arguably has rather more in common with the litigious fraudster Robert Maxwell than with the likes of Gandhi and Aung San Suu Kyi…

In “Don’t Get Fooled Again” I look at David Irving’s pseudo-history as a classic example of “bogus scepticism”.

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The Sun comes out for democracy

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For years, The Sun newspaper and its erstwhile political spokesman Trevor Kavanagh have firmly supported UK government demands for ever more “sweeping new powers” to bug, monitor and jail us without charge and with minimal oversight. Two days ago, the newspaper was still demanding – albeit with a certain amount of cognitive dissonance – that the police be allowed to “detain suspects for as long as they need”.

But the arrest of Sally Murrer, combined with the government’s suicide attack against the last remnants of its reputation seems to have brought about a change of heart.

“We are a police state here and now”, declares Trevor Kavanagh in today’s Sun.

I used to think ID cards were a good thing. What law-abiding citizen could object to these new weapons against terrorists, rapists and murderers? Nothing to hide, nothing to fear. Not any more… If Damian Green can be banged up for nine hours for telling the truth, what hope for you and me? …

The Government’s kneejerk abuse of anti-terror laws as a political weapon is increasingly sinister. It uses them on any pretext – even freezing the economy of friendly Iceland recently when its banks went bust… Soon, unelected snoopers will be able to pry into our mobile calls, text messages and emails. These are the alarming consequences of an authoritarian regime that sees the state as paramount and the people as pygmies.

The Sun says…

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It’s hardly news that pundits and columnists often talk at cross purposes and contradict themselves, but to do so within two paragraphs of the same article takes some talent.

Today’s Sun newspaper editorial begins in a familiar vein:

IT is shocking that Indian authorities believe British-born Pakistani terrorists took part in the Mumbai massacre. If true, it proves we have still not learned the lessons of London’s 7/7…

That is why we must give our security services the surveillance powers they require. And we must let police detain suspects for as long as they need.

Then in the next paragraph we are told:

The arrest of Tory immigration spokesman Damian Green is a terrible blow to our democracy. Mr Green was pounced on in raids involving 20 anti-terrorist cops. His homes and offices were searched and his private files and computers seized. His Commons room was turned over apparently with the consent of Labour Speaker Michael Martin. Why was MP Mr Green treated like an al-Qaeda bomber?

The answer, at least in part, is that newspapers like The Sun have, for years, slavishly supported every New Labour demand for “sweeping new powers” to bug, and detain indefinitely on vaguely-defined charges anyone who they say might be a terrorist.

All the while the government has been progressively widening the definition of “criminal” or “terrorist” activity – amid barely a squeak of protest from the supine tabloid media.

That paranoid state officials would end up using these arbitrary powers to harass critics and attack opposition politicians was completely predictable.

In “Don’t Get Fooled Again” I look at the strange nexus between politicians who stoke public fears about terrorism in order to extend their own power, and tabloid newspapers that make their money from enthusiastically regurgitating every torture-tainted government scare story.

Echoes of Sally Murrer case as senior UK opposition politician arrested by counter-terrorism police

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In “Don’t Get Fooled Again” I highlight the extent to which government demands for “sweeping new powers”, ostensibly to protect public security, often lead to those powers being used in ways far beyond those originally intended. One among many recent examples was the use of anti-terrorist legislation to freeze Icelandic assets in the UK.

Now counter-terrorism police have arrested the Conservative shadow Home Office minister Damian Green, after he published documents recently released by a government whistle-blower. Green was charged with “aiding, abetting, counselling or procuring misconduct in public office”.

Following his release on bail, Damian Green said:

“I was astonished to have spent more than nine hours under arrest for doing my job. I emphatically deny that I have done anything wrong. I have many times made public information that the government wanted to keep secret, information that the public has a right to know.

“In a democracy, opposition politicians have a duty to hold the government to account. I was elected to the House of Commons precisely to do that and I certainly intend to continue doing so.”

Interestingly, this charge closely resembles the spurious case brought against the local journalist Sally Murrer, in an apparent attempt to intimidate the police whistleblower Mark Kearney. According to the Press Gazette, Murrer was charged with aiding, abetting, counselling or procuring Kearney to commit the offence of “misconduct in a public office”.

US State Department calls for release of Alexis Sinduhije

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From the Washington Post

The State Department protested the Burundian government’s arrest Monday of an aspiring presidential candidate and former journalist who was named one of the world’s 100 most influential people this year by Time magazine.

Burundian authorities arrested Alexis Sinduhije at his political party’s headquarters in Bujumbura on Monday, along with other party staff members.

“We believe that is unacceptable. We believe he should be released immediately,” Russell Brooks, spokesman for the State Department’s Bureau of African Affairs, said Friday. “It remains our hope the government of Burundi will work to advance the cause of political freedom and speech in Burundi and allow citizens to exercise universally recognized rights.”

An ethnic Tutsi reporter who adopted a Hutu war orphan, Sinduhije has become a national celebrity in Burundi, a small central African country that has been plagued for more than 15 years by violence between the two ethnic groups.

In 2001 Sinduhije founded Radio Publique Africaine, an independent radio station that promoted reconciliation between the groups.

His reporting has drawn international praise. The New York-based Committee to Protect Journalists honored Sinduhije in 2004 with its International Press Freedom Award. He has also appeared as a guest on PBS‘s “Charlie Rose” show.

“We wanted to set an example of how relations between the ethnic groups could be humanized,” Sinduhije said in explaining his journalistic mission at the 2004 award ceremony. “We hired former fighters, both Hutu and Tutsi . . . to become fighters for peace and truth.”

Joel Simon, the committee’s executive director, said Sinduhije’s radio station “was a beacon” for those searching for an “alternative to the kind of politics of racial division which had brought Burundi to the brink of genocide.”

Simon said Sinduhije has been repeatedly threatened, beaten and jailed for his work as a reporter. Sinduhije left journalism in December 2007 to compete in Burundi’s 2010 presidential election. The government has refused to formally register his political party, the Movement for Security and Democracy.

“We don’t think this is a press freedom case,” Simon said, noting that the charges were nevertheless “trumped up.” He said, “We’re obviously very concerned about him, and this treatment illustrates the environment in which Burundi’s election is taking place.”

Burundi’s U.N. ambassador, Augustin Nsanze, declined to comment on the arrest.

Over the years, Alexis Sinduhije has been immensely supportive of efforts to get to the truth over the Titanic Express massacre, and secure justice for all Burundi’s victims. Click here for more background on his arrest.

Human Rights Watch condemns Burundi ruling party’s attack on Alexis Sinduhije

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Click here for more background on this story.

From Human Rights Watch

(Bujumbura, November 5, 2008) – The detention of political activist Alexis Sinduhije and 36 others by Burundian police on November 3, 2008, highlights the growing obstacles to the free exercise of civil and political rights in Burundi, Human Rights Watch said today. Sinduhije, well-known as a former radio journalist, has been trying since February to form an opposition political party, the Movement for Security and Democracy (MSD).

The detentions follow extensive harassment of leaders of several parties opposed to the dominant National Council for the Defense of Democracy-Forces for the Defense of the Democracy (CNDD-FDD).

“It looks like the ruling party is calling in the power of the state to silence the voices of dissent,” said Alison Des Forges, senior Africa advisor at Human Rights Watch.

Dozens of police armed with Kalashnikovs entered the MSD headquarters shortly after noon on November 3, indicating they had information that an illegal meeting was being held. A search warrant that they contended legitimized their entry was delivered two hours later, carried no docket number, and listed another premises – Sinduhije’s residence – as the place to be searched. It gave the charge against Sinduhije as “threatening state security.” Police officers searched and confiscated several documents, one of which they said contained “subversive material.” They proceeded to arrest everyone on the premises, including political activists, a receptionist, and a driver who was later released.

When a Human Rights Watch researcher present at the time of the search and arrests questioned police officers about irregularities, they responded that they were only “executing orders” given by Regional Police Commissioner David Nikiza, who had delivered the search warrant.

Asked to comment on the irregularities, the police spokesman, Pierre Chanel Ntarabaganyi, responded that the party itself was illegal and that therefore the search and subsequent detentions were justified.

Interior Minister Venant Kamana has refused to register MSD as a political party, claiming that a party cannot include “security” among its goals because security is the exclusive province of the state.

Taken into custody on November 3, Sinduhije and the others were still being held at several city jails as of the evening of November 4, without any charges having been formally entered against them. Police officers interrogated Sinduhije, in the presence of his lawyer, about statements in the confiscated documents criticizing President Peter Nkurunziza’s development policies. They suggested such statements might lead to a charge of “insulting the President.” They also interrogated him about efforts to recruit party members among young people, some of them former combatants in rival forces during 10 years of civil war.

Two other MSD members were arrested last week in Cankuzo province, one for allegedly distributing party cards, the other for having such a card in his possession.

Ntarabaganyi, the police spokesman, told a Human Rights Watch researcher that Sinduhije and the others had been arrested for holding an unauthorized meeting. A ministerial ordinance issued in early October 2008 requires political parties to obtain official authorization for meetings rather than simply informing officials of their intent to meet, as had previously been the case. Burundian law does not require groups other than political parties to obtain authorization for meetings.

Other parties have also faced harassment. Since late September 2008, police have arrested at least 25 members of UPD-Zigamibanga, a party opposed to the CNDD-FDD. Most were arrested in Ngozi province on charges of participating in an unauthorized meeting and released after paying a fine, but two others were detained in Kayanza province on charges of insulting President Peter Nkurunziza after they criticized his education policy during a private conversation.

Most local authorities on the provincial and communal levels are CNDD-FDD members. Even before the new ordinance on meetings was issued, some of them used their authority or that of the police to hinder political meetings or to shut down press conferences by opposition parties including the Democratic Front in Burundi (Frodebu), the Democratic Alliance for Renewal (ADR), and the CNDD (a party different from CNDD-FDD).

Burundi has ratified the International Covenant on Civil and Political Rights as well as the African Charter on Human and Peoples’ Rights. Both of these treaties require Burundi to protect fully the rights to freedom from arbitrary detention and to freedom of association. To avoid arbitrary detention, persons detained on suspicion of having committed a criminal offense must be informed of the charge against them as quickly as possible, allowed access to a lawyer and to visitors, and be brought speedily before a judicial authority with power to order their release.

“Using the police to limit dissent and to discourage peaceful political activity violates the rights of Burundians and weakens the rule of law,” said Des Forges. “Officials should promptly release Sinduhije and others arbitrarily detained and permit Burundians the full exercise of their civil and political rights.”