Deputy Prime Minister Nick Clegg has asked us to tell him what laws need repealing:
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He’s a brave man, I’ll give him that. But the answers are there in front of his face. Let’s start with the case of Jules Mattson:
On Saturday 26 June, photojournalist Jules Mattsson, who is a minor and was documenting the Armed Forces Day parade in Romford, was questioned and detained by a police officer after taking a photo of young cadets.
According to Mattsson, who spoke to BJP this morning, after taking the photo he was told by a police officer that he would need parental permission for his image. The photographer answered that, legally, he didn’t. While he tried to leave the scene to continue shooting, a second officer allegedly grabbed his arm to question him further.
According an audio recording of the incident, the police officer argued, at first, that it was illegal to take photographs of children, before adding that it was illegal to take images of army members, and, finally, of police officers. When asked under what legislation powers he was being stopped, the police officer said that Mattsson presented a threat under anti-terrorism laws. The photographer was pushed down on stairs and detained until the end of the parade and after the intervention of three other photographers.
Now I know Jules. He’s a good kid and a superb, passionate photographer, and this is is just appalling. Want proof? He recorded it:
The debate about the Metropolitan (and City) Police’s abuse of Section 44 has been waged many times and the arguments have been made more times than I can be bothered to think. But it’s now, once and for all, conclusively been ruled in breach of the European Convention on Human Rights:
In January 2010 the European Court held that section 44 of the Terrorism Act 2000 (the broad police power to stop and search without suspicion) violates the right to respect for private life guaranteed by Article 8 of the Convention on Human Rights (Gillan and Quinton v. UK4158/05 [2010] ECHR 28 (12 January 2010)). The claimants received £500 each by way of compensation.
The European Court has now rejected the UK’s application to appeal to the court’s Grand Chamber, meaning that the decision is final. This leaves stop and search powers in further disarray. The Home Secretary has already announced an “urgent review” of the powers after the recent admission by the Home Office that thousands of individual searches had been conducted illegally.
It’s clear that Section 44 has to go, but the risk remains that Clegg uses this scheme either to get the country to vent about laws they don’t like, or simply to delete specific laws without confronting the trends and behaviours which led to them in the first place. The cops who attacked Jules Mattson didn’t just cite Section 44 to try to stop him taking perfectly lawful photos – they made all sorts of garbage up in order to intimidate him into not taking photos. There is an institutional prejudice within the ranks against photographers, which was channelled by Section 44, and which would be much harder to root out and stop. New Labour made it abundantly clear they didn’t care one iota about the Met’s excesses. Time will tell if Theresa May cares any more, and this is what I want Nick Clegg to understand and tackle, more than anything.
A man who placed a poster of David Cameron containing the word “wanker” in his window has described how police handcuffed him in his home on election day, threatened him with arrest, and forcibly removed what they said was offensive campaign literature.
David Hoffman, 63, said police went “completely over the top” when they visited his home in Bow, east London, and demanded he take down the poster, which had been fixed to his window for weeks.
After he expressed concern at his treatment, Hoffman says, a local inspector told him over the phone that “any reasonable person” would find his poster “alarming, harassing or distressful”. The visit from police followed a complaint from a neighbour, who told Hoffman she found the poster offensive. The word “wanker” was printed beneath a photograph of a smiling Cameron.
Apparently he was handcuffed to ‘prevent a breach of the peace’ in his own home. Wankers.
The first prosecution against the Metropolitan Police for the violence it perpetrated against unarmed, non-violent protesters at the G20 protests last spring has resulted in an acquittal:
A Metropolitan police sergeant who was filmed hitting a woman with a baton at the G20 demonstrations walked free from court today after a judge ruled he acted lawfully.
Delroy Smellie was suspended last year after video footage was posted on YouTube showing him back-handing a protester and striking her twice on the legs with his metal baton.
He was acquitted of assault by beating after a four-day trial in which his alleged victim, protester Nicola Fisher, declined to give evidence.
Smellie, from the Met’s territorial support group (TSG), a specialist public order unit, argued during his trial that he believed Fisher posed a threat to himself and fellow officers. He said he repeatedly struck Fisher, who was considerably smaller than him, after mistaking a carton of orange juice and digital camera she was carrying for weapons.
The district judge, Daphne Wickham, said there was no evidence that his use of the baton was not approved, correct or measured, adding that Smellie had a “mere seven seconds” to act, and other witnesses had feared for his safety.
Erm what? The TSG must be laughing themselves sick this morning. A big, burly TSG officer really, genuinely thought he had something to fear from a small, female protester attending a non-violent vigil for Ian Tomlinson? And a highly trained riot policeman really thought a carton of orange juice and a digital camera were weapons? Check out the video and see for yourself. Is there really any hope of justice for Ian Tomlinson?
We’re talking about Delroy Smellie of course, but what about the unnamed officer who caused Ian Tomlinson’s death? What about the senior officers who gave the orders for such violent policing? What about their role in the attempt to cover up the cause of Tomlinson’s death, blaming the crowd rather than their own? Tomlinson’s wife, as the run-up to the first anniversary of his death approaches, has gone on the attack:
Last August the CPS was asked to consider whether the officer should be charged with manslaughter and, weeks later, Starmer promised swift action. “My view on these things is we should move quickly,” he said, adding that he hoped for a decision “in a few months”. CPS officials later told the Tomlinson family they could expect a decision by Christmas.
“Keir Starmer has let us down personally,” said Julia Tomlinson. “Why did he say there would be a decision around Christmas? Why are we still waiting? My kids need to move on from this. They’re left without a dad now and their lives have been turned upside down over the last year, especially the four girls. He doesn’t seem to realise the pain we’re going through.”
She added: “We feel like there was a cover-up from day one, and we didn’t see it because we were nervous about the police. Now a year on it still feels like all of that is still going on. If it had been someone on the street, a civilian, who had pushed and hit Ian just before he died, and it was all caught on video, surely something would have happened by now. The officer needs to go before a jury. Let them decide what should happen to him.”
She’s right of course. It’s cut and dried what actually happened, so why are they still waiting? On the other hand I would also suggest that the TSG officer who attacked Tomlinson wasn’t the only one who deserves to face justice for causing his death that day. Putting just that officer on trial would entirely miss the point that the Met’s behaviour that day was entirely normal, and the smears against the protesters and lies about Tomlinson himself a familiar refrain when the Met’s policing has caused death or serious injury. I’m still disgusted at how long Jean Charles de Menezes was blamed for his own murder, and how effectively the system closed ranks ultimately to justify it; the same result is likely here. De Menezes’ shooter has never been charged with a crime, despite committing perjury and murder, whilst his commanding officer was promoted. Julia Tomlinson really ought not to expect much better.
The Metropolitan Police are facing a compensation bill of £250,000, after admitting a raid on a climate change group the day after the G20 protests in London last April was illegal.
Police burst into the Convergence Centre in east London carrying taser guns, and handcuffed protesters face down.The Met Commissioner admitted it was unlawful to arrest, search them, and force them to be recorded on film, but he refused to apologise to the protestors.
They were non-violent and there were no reasonable grounds for suspicion, but the Met didn’t care last spring. They’d decided, without any evidence whatsoever that there was going to be violent trouble, and went as far as indicating their preparedness to be violent in turn. Look at the story of Delroy Smellie:
The sergeant at the centre of allegations of striking a female protester with a baton during a heated exchange at last year’s G20 protest said he was acting in “self defence” after mistaking a carton of juice and camera for weapons, a court heard.
Sergeant Delroy Smellie, 47, said he struck Nicola Fisher, 36, in a “pre-emptive strike” after seeing both items in her hands. The confrontation outside the Bank of England, on April 2 last year occurred during a vigil for the death of Ian Tomlinson, a newspaper seller who died after inadvertently getting caught up in a demonstration the previous day. Mr Smellie, an officer in the Met’s elite Territorial Support Group, is accused of common assault by beating. He denies the charge, and his lawyers insisted they would argue he was acting in self-defence.
A highly trained riot police officer mistook a carton of juice and a camera for weapons eh? Check the video out and decide for yourself if he’d decided on his course of action in defiance of the evidence in front of him. Now then, why aren’t we still talking about Ian Tomlinson, whose death was directly caused by Met brutality?
Charlie Veitch of The Love Police shows up a Police Community Support Officer (PCSO) for trying to illegally detain him merely for speaking loudly on a megaphone. The irony couldn’t have been lost on many on Camden High Street that they should have decided to exercise their power (of which arrest isn’t strictly one, and certainly not in this instance) on Veitch, when drugs pushers are walking past them and actively doing business by the dozen. Welcome to Britain 2010.
- Fifty police officers in riot gear crack down on peaceful protest by migrants demanding respect for basic rights
- Officers declare orders to destroy all migrant shelters in the area
- Escalation in repressive tactics leave migrants with nowhere to go
In a rare show of defiance, around 100 migrants camped around a gym which had been used by local charities to provide urgently needed night shelter over the harshest weeks of winter, before its closure on Tuesday. The migrants, primarily from war-torn Afghanistan, also burned some blankets and banners in opposition to the closure, which comes on theback of the repeated eviction of migrants from their camps. Within half an hour, scores of police officers descended on the site threatening to destroy the makeshift camp on failure to disperse. Following a stand off, the migrants were permitted to leave the area, but were closely pursued as they searched for alternative sites to shelter.
Having actually been advised by some police officers to do so, some men set up shelters on the site of one of the former camps, or ‘jungles’, and were given assurances that the police would not attack. But within hours, the officers had entered the camp several times, arresting six people, in what has now become a daily routine of arresting those without identity documents in Calais in an attempt to flush them out of the area. By midday on Wednesday, 20 CRS (riot police) vehicles had surrounded the new camp, and anything resembling a shelter was destroyed.
Following a relentless routine of police pursuit, arrest and assault this winter, the migrants returned in desperation to the closed night shelter and installed some of the tents that had been discarded by the authorities following the eviction that morning. The police promptly arrived at the scene, announced that they had orders to disperse assemblies and destroy shelters, before seizing the remaining tents.
Throughout the night, the hunt continued as migrants were followed by groups of police, who pre-emptively destroyed any half-erected structures they found.
“The police were quite literally swarming everywhere last night. They were pursuing migrants in case they dare set up shelter, or following any activists who might assist them,” said Joanne, a British activist from the No Borders network who is present at the scene.
“This is all part of a carefully planned strategy by the French and British governments to drive the migrants away from the area. But when you think that many of these people are coming from conflict zones like Helmand province, where else are they expected to go?” Joanne continued.
Alex has been involved in documenting – and directly intervening in – the police harassment in Calais for some time. “As shocking as it is, we find that the presence of European citizens during police raids can make a real difference, because the arrests are so arbitrary. It shows that ordinary people do have the power to help migrants defeat this enormous show of force by our governments. I really think that resistance from the migrants themselves and support from ordinary people is the only hope we have of stopping this horrendous repression.”
Commander Bob Broadhurst, who had overall command of the G20 policing operation, told the home affairs select committee in May that “no plain clothes officers [were] deployed at all” during the demonstrations in the City of London.
It has emerged that 25 undercover City of London police were stationed around the Bank of England to gather “intelligence” on protesters on 1 and 2 April. Broadhurst stands by the evidence he gave to MPs, claiming the deployment of undercover officers was unknown to him.
The proof is on a video on that page. Broadhurst can split hairs all he likes, saying that he was only talking about the Met, when the plainclothes police in question belonged to the CityPolice, but he still told parliament as the man in charge of the entire operation, that no plainclothes police were deployed when there were. And the City Police admitted it:
The assistant commissioner at the City of London police, Frank Armstrong, then told the MP that about 25 undercover officers were deployed during the protests.
Keith Vaz, chairman of the select committee, has written to Broadhurst suggesting the disclosure about plain clothes officers “contradicts” his evidence to MPs. Broadhurst claimed the officers filmed marching among Met and City of London riot police were “evidence gatherers” seeking to identify a certain protester.
It’s a terrible demonstration of just how inept he and the entire operation were that day, particularly when Armstrong continued to undermine Broadhurst:
[Lib Dem MP Tom] Brake said Broadhurst had “inadvertently misled” parliament, thus revealing a “startling lack of co-ordination” in the top ranks. “If plain clothes officers were only deployed to gather intelligence why is one clearly seen brandishing a baton?”
Was the cop in question in the video instructed to brandish that baton or was that rogue behaviour? The fact is the cops were out of control that day, pumped up largely by Broadhurst into an expectation of the need for violence which never resulted from protesters. Today’s report is sorely needed.
The TSG has been the subject of 5,241 allegations since August 2005. They include 376 allegations of discrimination and 977 complaints of “incivility”. More than 1,100 of the allegations concerned what members of the public said were “failures in duty”. However by far the largest number of complaints – 2,280 – were categorised as “oppressive behaviour”.
Just over 2,000 (38%) were “unsubstantiated” by the Met’s department for professional standards, while the rest were resolved at the police station, dismissed, discontinued or dealt with in other ways.
It left just nine complaints ‘substantiated’ by the Met. The Met responded to the figures:
Senior Met officers say the TSG’s work, involving drug raids and demonstrations, means they are more likely to face complaints than other officers.
The reasons are clear: the commission continues to rely upon poor-quality local police investigations and adopts a decidedly “arm’s length” approach to its supervisory and management responsibilities. In consequence, it has failed to identify the inadequacies in those investigations at a sufficiently early stage to have any prospect of remedying the evidential deficiencies. This formal system is permeated by a lack of will, and the outcomes stand in marked contrast to the redress achieved by individual victims on their own account in the civil courts.
Compensation claims are a flawed and inadequate response and have proven wholly ineffective in the face of oppressive and discriminatory abuse of powers by the TSG. Officers continue to enjoy an effective immunity from criminal and disciplinary sanction.
Babar Ahmad’s attacker continues to get away with it, and Ian Tomlinson’s attacker has still not faced justice for his actions. For all the Met’s mealy mouthed words about changes in policing after the G20 fiasco, they’re still quite literally getting away with murder.
2pm, Wednesday 30th August 2009. Parc Saint Pierre, Calais
Benjamin: This is Benjamin, I am from Iran. I just came in Calais, like,three weeks ago. From three weeks ago the police authority and Frenchgovernment I think they decide to destroy the jungle. First they destroy thePashtun jungle, after that they destroy the Kurdish jungle. All people, theymoved to the town from jungle. Now we are in town. And Iranian jungle theydestroy as well. Now we are in town and the police disturb us every morningevery night.
Ali: Four O’Clock in the morning. And at night, 2 pm.
Interviewer: Where are you sleeping?
Benjamin: In the parks, under the bridge. Ali: They are all the time taking us in detention for a few hours. They wantto make us crazy. What are they doing? We don’t know. Nothing.
Benjamin: They just trying to disturb us to leave Calais. And now we startto have a hunger strike to get help from other countries. We ask for otherWestern countries to come and help us. And we start hunger strike from today12, at noon. We need help. We need help actually. And we don’t want to stayany more in France because of police and because of government. They don’trespect anybody. They don’t respect anyone in Calais and in Paris it is thesame. Our situation is very bad. We have no good food. All the time we aregetting is the same food, same as yesterday, usually only bread and bananas.We have nowhere to sleep. We are looking for somewhere safe at least tosleep, to get some respect from people, from government, frompoliceauthorities. Actually I can tell you about one day, the police come,just like five days ago, they come, they talk with us; they hit a friend ofmine next to me, they hit him with a stick into his head, and we havewitnesses and evidence of this too. We said stop this, they say they dontcare, they will do anything we we want. And they searched our bags andbaggage and
(interview pauses, as two police vans and more police on footappear from around the corner, gesturing; Video ends here, as interviewer,friends and migrants are asked for ID and dispersed for being a larger crowdthan three people)
A police officer who allegedly struck a woman during the G20 protests in London a woman is to be charged with assault, the Crown Prosecution Service said today.
A CPS spokeswoman said Sergeant Delroy Smellie would be charged with assault of Nicola Fisher and he will appear at Westminster magistrates court on 16 November. He faces up to six months in prison if found guilty.
Smellie, a member of the Metropolitan police’s territorial support group, was suspended from duty two months ago after footage emerged of him near the Bank of England, apparently hitting Fisher, 35, with the back of his arm.
He was also shown appearing to strike her on her legs with a baton as she attended a vigil for the newspaper seller Ian Tomlinson, who had died the previous day. She said the incident left her with severe bruising.
Of course he’ll get off, or he’ll become the scapegoat that his renowned colleague has long been expected to become. What must be remembered is that both officers, although behaving in an unacceptably (and unnecessarily) violent manner, were operating under the presumption that this was acceptable behaviour. Don’t forget how the force trailed its intention to be violent that day. The CPS can’t be allowed to get away with making this their only notable prosecution against the Metropolitan Police after their calamatous handling of the G20 protest.
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