Surprise legal development could undermine census trials throughout the UK
NoCONcensus | 26.01.2012 19:55 | 2011 Census Resistance | Anti-militarism | Repression | Terror War
The trial of a Glasgow woman accused of failing to fill in her census form properly was adjourned today at the request of the Procurator Fiscal. Barbara Dowling appeared at Glasgow Sheriff Court expecting to defend herself against charges that she had committed a criminal offence by failing to fill her census form in properly in protest at the involvement in the census of defence and intelligence contractor CACI. CACI is implicated in human rights abuses at Abu Ghraib prison in Iraq and has so far ducked responsibility by claiming legal immunity as a US government contractor. The Procurator Fiscal asked for the trial to be adjourned pending the outcome of a case before the UK Supreme Court which could make evidence collected by Register Office staff inadmissible.
Press Release from Scotland Against Criminalising Communities
26 January 2012
.../cont.
The case that derailed the trial began when a Glasgow Sheriff ruled in September 2011 that Mrs Akram, a woman charged with housing benefit and income support fraud, was being denied the right to a fair trial because she didn't have legal representation when interviewed by officers of the Department for Work and Pensions and Glasgow City Council. The case has been referred to the Supreme Court and could affect "reporting agencies" such as Customs and Excise and local councils throughout the UK. If could also affect census cases currently going through the courts in England and Wales.
A census case involving a woman named Mary Reid is due to be heard at Falkirk Sheriff Court on Monday. That case may also have to be adjourned.
SACC is campaigning for all cases connected with the 2011 census to be dropped.
Richard Haley, Chair of SACC, said:
"The census is turning into a political train-crash as well as an ethical and political one. Former Iraqi prisoners who say they were tortured by CACI staff are still trying, more than 7 years on, to get CACI to answer for its actions in US courts. It's a disgrace that the Crown Office has so far been determined to rush to court with cases against principled ordinary people who have harmed no one. Today's move gives the Crown Office a chance to think again. It should drop all the charges."
Notes for Editors
1. More about the case PF v Akram at: Cadder extension goes to High Court UK compliance referral to Supreme Court_likely
and Cadder ii - the sequel
2. Following the adjournment of Barbara Dowling's trial diet today, a new intermediate diet has been set for 6 May and trial diet for 15 May. The date at which the Akram case will come before the Supreme Court isn't known.
3. Also see the SACC Press Release of 24 January: Scotland's First Census Prosecution - Drop the charges, says SACC
26 January 2012
.../cont.
The case that derailed the trial began when a Glasgow Sheriff ruled in September 2011 that Mrs Akram, a woman charged with housing benefit and income support fraud, was being denied the right to a fair trial because she didn't have legal representation when interviewed by officers of the Department for Work and Pensions and Glasgow City Council. The case has been referred to the Supreme Court and could affect "reporting agencies" such as Customs and Excise and local councils throughout the UK. If could also affect census cases currently going through the courts in England and Wales.
A census case involving a woman named Mary Reid is due to be heard at Falkirk Sheriff Court on Monday. That case may also have to be adjourned.
SACC is campaigning for all cases connected with the 2011 census to be dropped.
Richard Haley, Chair of SACC, said:
"The census is turning into a political train-crash as well as an ethical and political one. Former Iraqi prisoners who say they were tortured by CACI staff are still trying, more than 7 years on, to get CACI to answer for its actions in US courts. It's a disgrace that the Crown Office has so far been determined to rush to court with cases against principled ordinary people who have harmed no one. Today's move gives the Crown Office a chance to think again. It should drop all the charges."
Notes for Editors
1. More about the case PF v Akram at: Cadder extension goes to High Court UK compliance referral to Supreme Court_likely
and Cadder ii - the sequel
2. Following the adjournment of Barbara Dowling's trial diet today, a new intermediate diet has been set for 6 May and trial diet for 15 May. The date at which the Akram case will come before the Supreme Court isn't known.
3. Also see the SACC Press Release of 24 January: Scotland's First Census Prosecution - Drop the charges, says SACC
NoCONcensus
e-mail:
NoCONcensus[at]yahoo.co.uk
Homepage:
http://www.sacc.org.uk/index.php?option=content&task=view&id=879&catid=27
Additions
SACC's previous press release
26.01.2012 20:11
Scotland's First Census Prosecution - Drop the charges, says SACC
Press Release from SACC
24 January 2012
The first person to be tried for non-cooperation with Scotland's 2011 census will be appearing in Glasgow Sheriff Court on Thursday. Barbara Dowling is pleading not guilty to offences under the Census Act 1920 and will be representing herself. She says she committed no crime. But she objected to the use of CACI - a defence contractor that had been involved in human rights abuses at Abu Ghraib Prison in Iraq - to carry out key census work for the Registry Office of Scotland (now National Records of Scotland).
Human rights group SACC is supporting Barbara in her fight for justice and says that the Crown Office should drop all charges against people accused of not completing their census forms. Many thousands of Scots either ignored their census forms or returned them partially completed. Very few will be prosecuted.
Barbara Dowling is an anti-Trident campaigner and will be appearing at Dumbarton Sheriff Court on Wednesday - the day before the census trial - for non-payment of a fine arising from a peaceful blockade of Faslane
Richard Haley, Chair of SACC said:
"It's completely unjust for a tiny handful of people to be dragged through the courts when everyone know that thousands of Scots binned their census forms. Barbara has been singled out for reasons that at best are arbitrary, and at worst look like blatant political victimisation. When the law is applied as selectively as that, it isn't a law at all, just a vehicle for official whims.
"But what really sticks in the gullet is that CACI has ducked the law altogether over it's involvement in abuses at Abu Ghraib. Former Iraqi prisoners have been trying for years to bring a lawsuit against CACI in the US, but CACI has blocked their efforts, claiming immunity as a US government contractor. And in Scotland in 2009 the Crown Office refused to prosecute CACI over Abu Ghraib. Their reasons were confused and technical. But almost no one except the Director General of the Register Office has ever suggested there's any lack of evidence. How can the Crown Office have the gall to prosecute Barbara and people like her while it ignores evidence of torture and other gross abuses?"
CACI UK, the firm contracted to carry out key work for the census, is a wholly-owned subsidiary of US-based defence contractor CACI International.
From August 2003 until the early autumn of 2005 CACI International was contracted to provide "interrogation services" for the US Army at Abu Ghraib prison in Iraq. While CACI staff were employed as interrogators at Abu Ghraib, prisoners were humiliated and tortured there by US military police. Photographs of the abuse shocked the world and led to the conviction of a number of low-ranking US soldiers by courts martial.
Former Abu Ghraib detainees say CACI directed and participated in their torture in various ways, including torture with electric shocks, beating, forced nakedness, forced participation in physical activities to the point of exhaustion, sensory deprivation, deprivation of food, deprivation of oxygen and torture with extremely hot and cold water.
CACI vigorously denies doing anything wrong, but is fighting hard to prevent US courts weighing the evidence. It is in any case undisputed that CACI staff interrogated people held without charge or trial at Abu Ghraib. Prisoners they questioned were deprived of human rights guaranteed in international norms.
Last year SACC urged people in Scotland to work for justice in the only way open to them. We urged them to refuse to cooperate with the census, saying:
"We encourage non-cooperation with the census. Most forms of non-cooperation are completely legal. You can withhold as much or as little cooperation as you wish. Illegal forms of non-cooperation - civil disobedience, in other words - are in our view a morally and politically reasonable response to this disgraceful census. But if you engage in civil disobedience, you do so on your own responsibility and at your own risk. We will, of course, provide whatever support we can, whatever form of non-cooperation you choose. "
When the census contract was awarded to CACI in 2008, solicitor advocate John Scott said:
"The Scottish government, and any government with a principled stance, should not be going near any firm with such associations, even indirectly. The government is opening itself up to significant and justified protest. Ordinary members of the public could refuse to have anything to do with the census. A boycott is something to be considered. It would be a legitimate step. We cannot ignore our principles."
Now it's time for the Crown Office to bring this charade to a close and drop the charges.
Notes for editors
1. Barbara Dowling's trial over the census will be held The trial will be held from 10am in Court 16, Glasgow Sheriff Court Thursday 26 January.
2. Barbara Dowling's fine enforcement hearing will be from 10am 25th January, Dumbarton Sheriff Court. The £500 fine was the outcome of a trial in October 2010 for blockading Faslane
3. For More information on the Crown Office's 2009 decision not to prosecute CACI, see: Crown Office in jurisdiction flip-flop over torture claim_firm.html
and PF sidesteps Gecas precedent and claims no jurisdiction for census company accused of war crimes
4. For more background about CACI and Scotland's census, see the EthicalCensus website maintained by SACC.
http://www.sacc.org.uk/index.php?option=content&task=view&id=878&catid=27
Press Release from SACC
24 January 2012
The first person to be tried for non-cooperation with Scotland's 2011 census will be appearing in Glasgow Sheriff Court on Thursday. Barbara Dowling is pleading not guilty to offences under the Census Act 1920 and will be representing herself. She says she committed no crime. But she objected to the use of CACI - a defence contractor that had been involved in human rights abuses at Abu Ghraib Prison in Iraq - to carry out key census work for the Registry Office of Scotland (now National Records of Scotland).
Human rights group SACC is supporting Barbara in her fight for justice and says that the Crown Office should drop all charges against people accused of not completing their census forms. Many thousands of Scots either ignored their census forms or returned them partially completed. Very few will be prosecuted.
Barbara Dowling is an anti-Trident campaigner and will be appearing at Dumbarton Sheriff Court on Wednesday - the day before the census trial - for non-payment of a fine arising from a peaceful blockade of Faslane
Richard Haley, Chair of SACC said:
"It's completely unjust for a tiny handful of people to be dragged through the courts when everyone know that thousands of Scots binned their census forms. Barbara has been singled out for reasons that at best are arbitrary, and at worst look like blatant political victimisation. When the law is applied as selectively as that, it isn't a law at all, just a vehicle for official whims.
"But what really sticks in the gullet is that CACI has ducked the law altogether over it's involvement in abuses at Abu Ghraib. Former Iraqi prisoners have been trying for years to bring a lawsuit against CACI in the US, but CACI has blocked their efforts, claiming immunity as a US government contractor. And in Scotland in 2009 the Crown Office refused to prosecute CACI over Abu Ghraib. Their reasons were confused and technical. But almost no one except the Director General of the Register Office has ever suggested there's any lack of evidence. How can the Crown Office have the gall to prosecute Barbara and people like her while it ignores evidence of torture and other gross abuses?"
CACI UK, the firm contracted to carry out key work for the census, is a wholly-owned subsidiary of US-based defence contractor CACI International.
From August 2003 until the early autumn of 2005 CACI International was contracted to provide "interrogation services" for the US Army at Abu Ghraib prison in Iraq. While CACI staff were employed as interrogators at Abu Ghraib, prisoners were humiliated and tortured there by US military police. Photographs of the abuse shocked the world and led to the conviction of a number of low-ranking US soldiers by courts martial.
Former Abu Ghraib detainees say CACI directed and participated in their torture in various ways, including torture with electric shocks, beating, forced nakedness, forced participation in physical activities to the point of exhaustion, sensory deprivation, deprivation of food, deprivation of oxygen and torture with extremely hot and cold water.
CACI vigorously denies doing anything wrong, but is fighting hard to prevent US courts weighing the evidence. It is in any case undisputed that CACI staff interrogated people held without charge or trial at Abu Ghraib. Prisoners they questioned were deprived of human rights guaranteed in international norms.
Last year SACC urged people in Scotland to work for justice in the only way open to them. We urged them to refuse to cooperate with the census, saying:
"We encourage non-cooperation with the census. Most forms of non-cooperation are completely legal. You can withhold as much or as little cooperation as you wish. Illegal forms of non-cooperation - civil disobedience, in other words - are in our view a morally and politically reasonable response to this disgraceful census. But if you engage in civil disobedience, you do so on your own responsibility and at your own risk. We will, of course, provide whatever support we can, whatever form of non-cooperation you choose. "
When the census contract was awarded to CACI in 2008, solicitor advocate John Scott said:
"The Scottish government, and any government with a principled stance, should not be going near any firm with such associations, even indirectly. The government is opening itself up to significant and justified protest. Ordinary members of the public could refuse to have anything to do with the census. A boycott is something to be considered. It would be a legitimate step. We cannot ignore our principles."
Now it's time for the Crown Office to bring this charade to a close and drop the charges.
Notes for editors
1. Barbara Dowling's trial over the census will be held The trial will be held from 10am in Court 16, Glasgow Sheriff Court Thursday 26 January.
2. Barbara Dowling's fine enforcement hearing will be from 10am 25th January, Dumbarton Sheriff Court. The £500 fine was the outcome of a trial in October 2010 for blockading Faslane
3. For More information on the Crown Office's 2009 decision not to prosecute CACI, see: Crown Office in jurisdiction flip-flop over torture claim_firm.html
and PF sidesteps Gecas precedent and claims no jurisdiction for census company accused of war crimes
4. For more background about CACI and Scotland's census, see the EthicalCensus website maintained by SACC.
http://www.sacc.org.uk/index.php?option=content&task=view&id=878&catid=27
NoCONcensus
Homepage:
http://www.sacc.org.uk/index.php?option=content&task=view&id=878&catid=27
A revision and correction
30.01.2012 19:01
Please see the revised and corrected item at http://www.sacc.org.uk/index.php?option=content&task=view&id=879&catid=27.
Mrs Akram in fact lost her case at the Glasgow Sheriff Court in September 2012, but the Sheriff's decision stated that legal principles entitling suspects interviewed by police to legal advice also apply to "reporting agencies" such as housing authorities etc. This aspect of the Sheriff's judgement was at the time expected to have wide implications throughout the UK. It now appears from the Procurator Fiscal's request for an adjournment that the case has been referred to the Supreme Court, as earlier commentators (eg the Firm Magazine, referenced in SACC item) had anticipated.
http://www.sacc.org.uk/index.php?option=content&task=view&id=879&catid=27. Mrs Akram in fact lost her case at the Glasgow Sheriff Court in September 2012, but the Sheriff's decision stated that legal principles entitling suspects interviewed by police to legal advice also apply to "reporting agencies" such as housing authorities etc. This aspect of the Sheriff's judgement was at the time expected to have wide implications throughout the UK. It now appears from the Procurator Fiscal's request for an adjournment that the case has been referred to the Supreme Court, as earlier commentators (eg the Firm Magazine, referenced in SACC item) had anticipated.
Richard
e-mail:
richard.rh@tiscali.co.uk
Homepage:
http://www.sacc.org.uk
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Result of Barbara's Fines Enforcement Hearing for Faslane Blockade
27.01.2012 17:06
Press Release
25rd January 2012
Trident Ploughshares Member Refuses to Comply with Court Punishment
Barbara Dowling today told Dumbarton District Court that she would not pay a fine or comply with a Supervised Attendance Order as she did not accept that she was guilty of any crime.
Barbara was called to a means court after failing to pay a £500 fine imposed in October 2010 for blockading the Faslane Trident Submarine Base. She, along with five other Trident Ploughshares activists, had blockaded the gates of Faslane in April that year to exercise their civic responsibility under International Law, to do what they could to stop the work of preparing and maintaining weapons of mass destruction.
At the trial the Justice refused to hear their defence and had clearly made up her mind before all the evidence was put before the court. Barbara said " I don't accept the verdict, the trial was unfair and the Justice did not listen to our argument that we had a right to disrupt the illegal work at Faslane under International Humanitarian Law.
Today the Justice accepted that she couldn't pay £500 and imposed 90 hours of Supervised Attendance although Barbara said that she would not comply with it and it would be a waste of Social Work Department resources to try. She was told that if she does not co-operate she will be brought back to court. Refusal to comply with a Supervised Order could lead to a jail sentence.
Notes:
Trident Ploughshares is a part of the international nuclear disarmament movement. Trident Ploughshares activists have pledged to disarm the UK Trident nuclear weapons system in a non-violent, open, peaceful, safe and fully accountable manner.
Trident Ploughshares Legal Support