Tuesday, August 17, 2010

Hounded until his death posted by Richard Seymour

Faraj Hassan was not a criminal. He was an asylum seeker from the Libyan dictatorship. In late 2001, he fled the country and stayed temporarily in Italy, before travelling to the United Kingdom. He applied for asylum, and was granted temporary residence by the Home Office. A month after his arrival, in May 2002, he was illegally detained. Police initially tried to say that he was an illegal immigrant. When he presented his documents, they nonetheless insisted on taking him into custody. He was kept in jail, both in London and in Leicester, while the police prepared a prosecution. They alleged that he had attempted to blow up a church while in Italy. They never presented him with any evidence for this allegation. In 2003, he was charged under the Terrorism Act 2000, which awarded the state powers that it had not used since the Irish struggle. In the context of the 'war on terror', these became part of a legal apparatus that specifically oppressed Muslims.

Hassan was also presented with an Italian extradition warrant alleging that he was the leader of an international terrorist gang. The warrant was suspended, and he was found not guilty in absentia by the court in Milan. But he was nevertheless imprisoned in - variously - Leicester, Belmarsh, Wormwood Scrubs, Brixton and Long Lartin for four years on the basis of evidence which no one, neither Hassan nor his lawyer nor a jury nor the public, was ever allowed to see. Hassan detested Belmarsh in particular, describing it as "institutionally racist" due to the victimisation of Muslim prisoners, who are mainly held in a separate, highly securitised wing of the prison.

In 2007, he was released under a control order. A control order is a comprehensive deprivation of liberty, a sanction imposed by the Home Secretary on the pretext that its subject is a terrorist threat. It restricts where you can go, what you can own, what means of transport you can use, who you may associate with, what form of employment you may have (if any). In practise for Hassan it meant that he was prevented from having much of a life. He could not work, he could not take the bus to the supermarket, he could not travel to visit his brother.

Furthermore, on the basis of his imprisonment, the European Union applied a sanction permitted under UN law, that being the freezing of a person's funds. He was not allowed access to his money, so was wholly dependent on vouchers supplied through the Home Office. Challenging this EU penalty through the European Court of Justice, he was told by the court that he must avail himself of the opportunities for judicial remedy in UK domestic law if he meant to challenge the good faith of the British authorities. He and his solicitors did so. In 2009, Hassan was released from the control order. This was because the Law Lords had at last ruled that the use of secret evidence was illegal. Secret evidence had meant that the state did not have to meet internationally recognised standards of evidence before depriving a person of his or her liberty. It meant that any old dreck could substantiate a terrorism charge and warrant detention in Her Majesty's toughest prisons. Without the veil of secrecy, the basis for the government's prosecution and control order collapsed.

Hassan fully availed himself of his freedom to start campaigning for others who were unjustly or illegally detained. He spent Sunday night lobbying with others outside the US embassy, in solidarity with Dr Aafia Siddiqui, a Pakistani neuroscientist who is believed to have spent five years in one of America's secret detention facilities, and was recently jailed in the US for allegedly shooting at US military personnel while detained by Afghan police in Ghazni, Afghanistan. She was shot in the abdomen by a US soldier, allegedly in defence, held in a medical facility in the US, tried despite obviously suffering from poor mental health, and convicted despite a lack of forensic evidence and contradictory statements from prosecution witnesses. Having spent the night with a protest at the US embassy, Hassan rode his motorcycle home yesterday morning, and was killed when a red minicab crashed into him.

He was only twenty two when he was first arrested, and he died before he reached his thirties. For most of his adult life, he was being persecuted by the British state and the international legal system on the basis of phoney charges, secret evidence, and the onerous laws that facilitate the political oppression of Muslims in the United Kingdom. He was a casualty of a perilous intersection between good old British racism, the increasing authoritarianism of the state in late capitalism, and the global system of surveillance, kidnapping, torture, and extrajudicial killings that US has promulgated under the mandate of the 'war on terror'.

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Wednesday, April 16, 2008

The quality of their mercy. posted by Richard Seymour

It is not unusual for those recanting from Left-Wing or marxist positions to cite among their reasons for doing so that the Left is too dismissive of rights, insufficiently appreciative of the pacifying effect of liberal institutions, and particularly insensitive to the cruelty that rights-regimes try to curtail. This was Kanan Makiya's argument, and of course Alan Johnson recently repeated it in his list of observations about why he is no longer a marxist. The Eustonites - effectively, though not dearly, departed - made a great deal of their support for 'human rights for all', and again it was part of their belabouring of the Left that it had proven insufficiently appreciative of those rights.

So, a very simple question. Does apostasy improve one's commitment to such rights? Does liberalism? We can put this question historically. Were those who rallied round the Wilson administration in 1917-18 more or less concerned with individual liberty than before, especially those who sent up a hue and cry about Bolshevism? Were the Cold War liberals more sensitive to domestic curtailments of individual liberty and rights than their more radical forebears might have been? The ex-Trotskyists among them: were they more or less inclined to oppose McCarthyism, given their understanding of Stalinist repression? Was Camus a better defender of human rights in Algeria than Sartre? Are the 'war on terror' liberals more or less attentive to the issues of cruelty to prisoners, arbitrary detention, torture, evidence-based trials, the rule of law and so on, than their radical opponents? I think the answers to most of the mentioned examples are too obvious to meditate on. And while there is clearly no simple answer to the last one, there are a few relatively simple cases. One of the co-founders of the Euston Manifesto is an apologist for torture and a supporter of internment and/or deportation based on MI5 say-so. Another wants to withdraw from European human rights legislation and set up Diplock courts, after those used in Northern Ireland to try and imprison suspected Republicans. Do we need to rehearse the history of those Diplock courts, or the legacy of internment? Not "human rights for all", then. And this fits into a wider intellectual milieu, with people like Sam Harris defending torture, Michael Ignatieff warning that it may be the 'lesser evil' (retracting his criticism of the Qana massacre too), and Martin Amis flaunting his sinister balls. I can hardly be bothered to reproduce the kind of thing that Christopher Hitchens is likely to come out with these days, and at any rate he seems to have taken too literally Oscar Wilde's aphorism that "the wise contradict themselves."*

Perhaps a more frequent response than outright support for repression is a tactful silence or a drastically curtailed attention span. Yet it is hardly possible for anyone supporting the 'war on terror' and buying its quack ideology not to be an apologist for some atrocities here and some repression there. By contrast, the fiercest critics of the current global torture regime, the secret prisons, the crackdowns on civil liberties, the conscious murder of civilians in Iraq and Palestine and Afghanistan and Haiti and Somalia by our governments, the repression of asylum seekers (particularly of those who are 'detained' in 'decention centres' without having committed any crime), and so on, are indisputably those whose job it is to scorn 'bourgeois rights' and be all, you know, totalitarian. Now why might that be?

* The full epigram is: "The well-bred contradict others. The wise contradict themselves." Hitchens perhaps doesn't realise that by noisily contradicting others and unwittingly contradicting himself, he does not become both well-bred and wise.

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