A magistrates judge has ruled that police acted unlawfully when arresting six anti-deportation campaigners who were blockading Colnbrook detention centre, near Heathrow airport, on 12th May, 2009, to try and prevent Iraqi refugees from being forcibly deported to Iraqi Kurdistan on a specially chartered flight.
Sitting at the Uxbridge Magistrates Court, Judge Jane Wright concluded that "the exclusive aim" of giving the order under Section 14 of the Public Order Act* by the senior police officer present at the scene, Inspector Beattie, was "to facilitate the deportation of a number of people to Iraq without further ado." This was due to the fact that the issuing of the Order was in direct response to a radio message from the chief inspector in charge of the operation back at the police station relaying the concerns of Colnbrook management that that the 'convoy' may be subject to some form of interference on route and that it was particularly important that the scheduled flight on which the 'prisoners' were to be returned must not be delayed.
Rejecting police claims that the protest would have caused 'serious disruption to the life of the community' or that its purpose was 'to intimidate others', Ms Wright said, "By any view it cannot be said that the purpose of the demonstration was to intimidate. Its clear purpose was to prevent the deportation of an individual and I do not find that Inspector Beattie believed, let alone reasonably believed, that the purpose of the protesters was to intimidate others with a view to compelling them not to do an act they had a right to do."
Police had initially charged the protesters with 'trespassory assembly' under Section 14B(2) and (6) of the Public Order Act 1986. However, the Act defines 'assembly' as an assembly of 20 or more persons, but the total number of protesters was no more than 15. So in July 2009, the police changed the charge to Section 14(5) and (9) of the Public Order Act, which make it an offence to take part in a 'public assembly' and knowingly fail to comply with a condition imposed by the senior police officer present at the scene. This led to Ms Wright stating in her verdict that, "I have found that the only purpose of giving the order falls outside the considerations to which Inspector Beattie is entitled to have regard and it follows that the order was not lawful." "If the order isn't lawful," she added, "it isn't an offence not to comply with it and consequently I find all six of the defendants not guilty."
The defendants' argument was that their action was "reasonable and proportionate" to the threat faced by deportees and that the defence of necessity should be open to them. The Crown Prosecution did not accept that their actions were reasonable and proportionate and argued that a "reasonable person would not have acted in such a fashion" and even "the reasonable direct action protester" would not have acted in the way the defendants did, in reference to using glass and concrete blocks. Inspector Beattie, however, said in court, whilst giving evidence, that he had found the defendants "well behaved, pleasant even."
*For an order to be given under Section 14 of the Public Order Act, the senior officer present at the scene must reasonably believe that it may result in serious public disorder, serious damage to property, or serious disruption to the life of the community, or that the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do or to do an act they have a right not to do.
Thursday, 22 October 2009
Tuesday, 20 October 2009
New Anglo-French Afghan Deportation Flight Today
Yet another attempt will be made in the ongoing saga of joint Anglo-French deportation flights to Afghanistan tonight. Information has leaked out, via the French migrant support organisation Cimade, that the regular UK 'Operation Ravel' flight to Kabul will again try to call in to Lille's Lesquin Airport to pick up Afghani deportees, many of whom were moved to the Lesquin detention centre last night. To protest the 22:00 flight, another demonstration has been organised at the airport for 20:00 tonight, in addition to the 10,000 signature petition against all forced deportaion flights to Afghanistan organised by France Terre d'Asile.
As a less than pleasant footnote, the Daily Mail and, in particular, its journalist Peter Allen, are continuing to pedal the lie that the French deportees are to receive "a £1,900 cash payment paid for by British and French taxpayers". As reported before, this particularity pernicious attempt to whip up resentment to people who are being sent back to a warzone against their will has been repeated elsewhere by the same odious individual. [1, 2, 3, 4, 5]
UPDATE: According to the French Immigration Minister Eric Besson, the plan to deport what the French press was claiming variously to be 16 Afghans from Paris or an unknown number from Lille, went ahead with 3 Afghans being deported from Roissy Airport bound for Kabul. Besson claimed that one had been detained at the Italian border, one in Paris and only one during the destruction of the Pashtun 'Jungle' in Calais. A fourth man was also due to be deported but, according to Cimade, he resisted, was injured and not put on the flight.
As a less than pleasant footnote, the Daily Mail and, in particular, its journalist Peter Allen, are continuing to pedal the lie that the French deportees are to receive "a £1,900 cash payment paid for by British and French taxpayers". As reported before, this particularity pernicious attempt to whip up resentment to people who are being sent back to a warzone against their will has been repeated elsewhere by the same odious individual. [1, 2, 3, 4, 5]
UPDATE: According to the French Immigration Minister Eric Besson, the plan to deport what the French press was claiming variously to be 16 Afghans from Paris or an unknown number from Lille, went ahead with 3 Afghans being deported from Roissy Airport bound for Kabul. Besson claimed that one had been detained at the Italian border, one in Paris and only one during the destruction of the Pashtun 'Jungle' in Calais. A fourth man was also due to be deported but, according to Cimade, he resisted, was injured and not put on the flight.
Baghdad Flight Fallout
The fallout from last week's farcical deportation flight to Baghdad is gradually increasing as more and more information trickles out from the returned Iraqi deportees, together with the news that some of their number, along with other detainees, have gone on hunger strike at the Brook House detention centre at Gatwick Airport.
In interviews with journalists and from International Federation of Iraqi Refugees (IFIR) sources, the deportees have alleged that they were beaten by some of the approximately 100 G4S security guards on the flight, both after they had been turned back at Baghdad Airport and when they refused to change flights at an Italian airport on the return journey.
Other allegations include: no Arabic translator on board the plane, so that the UKBA officials could not converse properly with the Iraqi officials that came on board the plane when it landed; the Commander of Baghdad airport threatened to destroy plane if it didn't turn around and go back to UK once it had been refuelled; and during the 6,000 mile enforced round trip the Iraqi deportees had no food at all for the entire 12 hours.
Now, some of those returned have gone on hunger strike demanding they are released. The Home Office have of course said that the G4S-run Brook House was "operating normally" and that "there is no suggestion of this protest taking place at Brook House." Which is obviously a PR-speak non-denial denial, given the statement released by the hunger strikers via IFIR:
‘The reason we are going on hunger strike is because the UK government’s immigration policies are very poor. We have been in detention centres for months and years and our cases have not been handled professionally. We are all locked up in detention, which is exactly like a prison, but most of us have never committed any crime whatsoever. An ACD category prisoner gets better treatment than we do.
We are going on hunger strike until they release us. We have families who depend on us, wives and children who need our support.
Most of us are being falsely removed to countries like Afghanistan and Iraq, which are clearly war zones. Most of us have families in the UK. What are we supposed to do? Leave them behind or take them with us right into the middle of a war zone to be killed?
The immigration laws and policies are clearly not fair and the only way you will find this out is by visiting us here in detention. Even most of the G4S security staff think that immigration policies need to change for the better.
We need a system that will give us chance to live in peace.’
In interviews with journalists and from International Federation of Iraqi Refugees (IFIR) sources, the deportees have alleged that they were beaten by some of the approximately 100 G4S security guards on the flight, both after they had been turned back at Baghdad Airport and when they refused to change flights at an Italian airport on the return journey.
Other allegations include: no Arabic translator on board the plane, so that the UKBA officials could not converse properly with the Iraqi officials that came on board the plane when it landed; the Commander of Baghdad airport threatened to destroy plane if it didn't turn around and go back to UK once it had been refuelled; and during the 6,000 mile enforced round trip the Iraqi deportees had no food at all for the entire 12 hours.
Now, some of those returned have gone on hunger strike demanding they are released. The Home Office have of course said that the G4S-run Brook House was "operating normally" and that "there is no suggestion of this protest taking place at Brook House." Which is obviously a PR-speak non-denial denial, given the statement released by the hunger strikers via IFIR:
‘The reason we are going on hunger strike is because the UK government’s immigration policies are very poor. We have been in detention centres for months and years and our cases have not been handled professionally. We are all locked up in detention, which is exactly like a prison, but most of us have never committed any crime whatsoever. An ACD category prisoner gets better treatment than we do.
We are going on hunger strike until they release us. We have families who depend on us, wives and children who need our support.
Most of us are being falsely removed to countries like Afghanistan and Iraq, which are clearly war zones. Most of us have families in the UK. What are we supposed to do? Leave them behind or take them with us right into the middle of a war zone to be killed?
The immigration laws and policies are clearly not fair and the only way you will find this out is by visiting us here in detention. Even most of the G4S security staff think that immigration policies need to change for the better.
We need a system that will give us chance to live in peace.’
Sunday, 18 October 2009
Indonesian Tamil Hunger Strikers Update
It appears that the Tamils aboard the wooden boat in Merak harbour in West Java have ended the hunger strike, mainly due to representations from the international Tamil community saying that what started out as a peaceful protest was harming the image of the people on the boat.* The Tamils have started taking food form the Indonesian authorities but are still refusing to leave the boat until they receive a visit from the UNHCR.
Australia has also managed to find a solution to another stand off, this one between themselves and the Indonesian authorities over the 78 asylum seekers rescued by HMAS Armidale in the Sunda Strait after distress calls were received by the Australian Maritime Safety Authority on Sunday. The asylum seekers were transferred aboard the Australian customs vessel Oceanic Viking, whilst the 2 governments argued over who was going to take them against the backdrop of a ceremonial visit by Kevin Rudd, the Australian PM, and other regional leaders for the inauguration of the recently re-elected Indonesian President, Susilo Bambang Yudhoyono. The impasse was eventually broken with the Indonesian agreeing to accept the 78 migrants, citing the plight of a sick child on board.
* You can listen to a particularly unpleasant interview by Mark Colvin from Australian ABC Radio with Alex from the Tamils, displaying all the usual prejudices and misconceptions - 'jumping to the head of the queue', that the 20 million refugees around the world all want to go to countries like Australia, that they paid $15,000 are are somehow less worthy, etc.
Australia has also managed to find a solution to another stand off, this one between themselves and the Indonesian authorities over the 78 asylum seekers rescued by HMAS Armidale in the Sunda Strait after distress calls were received by the Australian Maritime Safety Authority on Sunday. The asylum seekers were transferred aboard the Australian customs vessel Oceanic Viking, whilst the 2 governments argued over who was going to take them against the backdrop of a ceremonial visit by Kevin Rudd, the Australian PM, and other regional leaders for the inauguration of the recently re-elected Indonesian President, Susilo Bambang Yudhoyono. The impasse was eventually broken with the Indonesian agreeing to accept the 78 migrants, citing the plight of a sick child on board.
* You can listen to a particularly unpleasant interview by Mark Colvin from Australian ABC Radio with Alex from the Tamils, displaying all the usual prejudices and misconceptions - 'jumping to the head of the queue', that the 20 million refugees around the world all want to go to countries like Australia, that they paid $15,000 are are somehow less worthy, etc.
Saturday, 17 October 2009
Daytrip To Baghdad II
Here's the story: You've been in the UK for a while after fleeing your home country because foreigners have turned it into a war zone. You've possibly also applied for asylum, been turned down and then one day you've been picked up by the UK Borders Agency, off the street or when you went to sign on for the weekly allowance, that has just been cut back to a level that barely helps keep body and soul together. Or maybe being destitute you've had to steal to stop yourself or your nearest and dearest from starving and you've ended up in prison, labelled as a 'foreign criminal'.
Either way you've found yourself in a detention centre with no idea of what is going to happen next. Maybe you've managed to keep in contact with your friends and family, maybe not. Possibly you've had support from a voluntary organisation or you even have an immigration lawyer fighting your corner. Then you are served with a notice of removal, except it doesn't say when you are going to be removed or where they are taking you to. Then early one morning a few days later, the private security guards at the detention centre come and tell you to switch off your phone, maybe they even confiscate it. Now you know that today is the day.
At some point you end up handcuffed between 2 people in uniform, more private security guards, people you have never met before, who drag you off to a waiting coach and then onto a plane at an airport you don't even know the name of. There are forty four of you, all from different detention centres. Some of you may know each other, most of you probably don't. You sit between your 2 guards, who all this time have more or less ignored you, talking over your head. They then tell you that if you are a good boy they will take the handcuffs off, if not then they'll chain you to your seat. The guy 2 seats away is not being given the choice because he had the audacity to question what was happening to him and had received a few hefty kicks to his shins for his troubles, which explains why he was limping quiet badly earlier on.
The Air Italy plane takes off and you still don't know where you are going officially. Maybe we're going to Italy? No such luck! It's obvious that it's going to be Iraq, even the UKBA could not be stupid enough to deport us Iraqis to Afghanistan? But the rumour that's been doing the rounds the most this week is that the flight is going to Baghdad! Surely not? Every one knows it's not safe there, what with the almost daily bombings, the kidnappings and the disappearances. They are mad to try.
When you eventually arrive, it's dark and it is difficult to tell exactly where you are. You must have been in the air least 8 hours but your watch got lost with the rest of your property when they removed you from the detention centre, so you can't be sure. The door opens and 8 men armed with Kalashnikovs get on. Everyone is frightened, even the guards it seems. The one in charge asks the guards, "Why are you here?". When they explains, he tell you all, “Those of you who want to come back, get off. The rest of you stay where you are.” Everyone is confused, no one is quiet sure what to do. Most of you want to go back to Britain but 10 of you leave the plane and are given the $100 you were promised before they put you on the plane.
The plane turns around and flies off. You are left on the tarmac with $100 and no where to go and no real idea why you made such a stupid choice. You could be on the plane on your way back to the country that up until yesterday had been your new home. However, if you were sensible enough to stay on the plane, it's a short stop off in Italy to change planes and back to Brook House and an unknown future waiting till they try to deport you again but hoping that they just let you go free. Some choice!
Either way you've found yourself in a detention centre with no idea of what is going to happen next. Maybe you've managed to keep in contact with your friends and family, maybe not. Possibly you've had support from a voluntary organisation or you even have an immigration lawyer fighting your corner. Then you are served with a notice of removal, except it doesn't say when you are going to be removed or where they are taking you to. Then early one morning a few days later, the private security guards at the detention centre come and tell you to switch off your phone, maybe they even confiscate it. Now you know that today is the day.
At some point you end up handcuffed between 2 people in uniform, more private security guards, people you have never met before, who drag you off to a waiting coach and then onto a plane at an airport you don't even know the name of. There are forty four of you, all from different detention centres. Some of you may know each other, most of you probably don't. You sit between your 2 guards, who all this time have more or less ignored you, talking over your head. They then tell you that if you are a good boy they will take the handcuffs off, if not then they'll chain you to your seat. The guy 2 seats away is not being given the choice because he had the audacity to question what was happening to him and had received a few hefty kicks to his shins for his troubles, which explains why he was limping quiet badly earlier on.
The Air Italy plane takes off and you still don't know where you are going officially. Maybe we're going to Italy? No such luck! It's obvious that it's going to be Iraq, even the UKBA could not be stupid enough to deport us Iraqis to Afghanistan? But the rumour that's been doing the rounds the most this week is that the flight is going to Baghdad! Surely not? Every one knows it's not safe there, what with the almost daily bombings, the kidnappings and the disappearances. They are mad to try.
When you eventually arrive, it's dark and it is difficult to tell exactly where you are. You must have been in the air least 8 hours but your watch got lost with the rest of your property when they removed you from the detention centre, so you can't be sure. The door opens and 8 men armed with Kalashnikovs get on. Everyone is frightened, even the guards it seems. The one in charge asks the guards, "Why are you here?". When they explains, he tell you all, “Those of you who want to come back, get off. The rest of you stay where you are.” Everyone is confused, no one is quiet sure what to do. Most of you want to go back to Britain but 10 of you leave the plane and are given the $100 you were promised before they put you on the plane.
The plane turns around and flies off. You are left on the tarmac with $100 and no where to go and no real idea why you made such a stupid choice. You could be on the plane on your way back to the country that up until yesterday had been your new home. However, if you were sensible enough to stay on the plane, it's a short stop off in Italy to change planes and back to Brook House and an unknown future waiting till they try to deport you again but hoping that they just let you go free. Some choice!
Friday, 16 October 2009
Tamil Hunger Strike Update
The stand off between the Tamil asylum seekers on the ancient wooden cargo vessel in Merak harbour, West Java has turned into a media frenzy, one that the Australian authorities would rather not the world was seeing. The standard policy of the Australian government has been to isolate refugees and asylum seekers, either in the desert at Woomera or on remote Pacific islands. An out of site out of mind policy.
Now, with the very public hunger strike being carried out on the boat in the full glare of the worldwide media, with children testifying directly to camera in fluent English, the true face of the desperation of these people who give up their homes and what they own and spend months travelling half way around the world in the hope of finding a safer life in another country, is there for all to see. So is the intransigence of the Australian authorities and the complicity and bad faith of the Indonesians, as the local navy commander Colonel Irawan claims that as many as 70 per cent of those on board wanted to disembark whilst the entire boat loudly denies this.
Many of the Tamils have also stopped taking fluids as some of their number have started fainting from lack of food, heat and dehydration caused by constant exposure to salt water.
Now, with the very public hunger strike being carried out on the boat in the full glare of the worldwide media, with children testifying directly to camera in fluent English, the true face of the desperation of these people who give up their homes and what they own and spend months travelling half way around the world in the hope of finding a safer life in another country, is there for all to see. So is the intransigence of the Australian authorities and the complicity and bad faith of the Indonesians, as the local navy commander Colonel Irawan claims that as many as 70 per cent of those on board wanted to disembark whilst the entire boat loudly denies this.
Many of the Tamils have also stopped taking fluids as some of their number have started fainting from lack of food, heat and dehydration caused by constant exposure to salt water.
Daytrip To Baghdad Anyone?
Despite all the secrecy surrounding the run up to the deportation flight to Baghdad yesterday, it appears that the UK authorities forgot to tell the Iraqi government they were coming. When the plane touched down in Iraq yesterday, only 10 of the deportees were allowed off the flight and the rest were forced to return to the UK at 4:30am today.
An expensive little daytrip one assumes, given that the 'Operation Rangat' Air Italy flight probably cost somewhere around £250,000, or £25,000 per successful deportee removed. Of course Lin Homer, chief executive of the UK Border Agency, sought to paint a slightly rosier picture, saying: "We are establishing a new route to southern Iraq and have successfully returned 10 Iraqis to the Baghdad area. This is an important first step for us."
Previous UK deportation flights to Iraq had been to the Kurdish Autonomous Region, claiming that it was a 'safe' destination, but the government have long sought to make flights to the rest of the country. Given that Sweden and Denmark have started to return Iraqi deportees to Baghdad, the UK authorities thought the could too. However, they have been condemned by the UNHCR. According to their London office "returns to central Iraq are premature. They could send the wrong signal to other countries, like Syria and Jordan, which have large numbers of refugees and could trigger a destabilising wave of returns." Never mind the constant string of bomb attacks and kidnappings.
Campaign Against Air Italy @ no-racism.net
An expensive little daytrip one assumes, given that the 'Operation Rangat' Air Italy flight probably cost somewhere around £250,000, or £25,000 per successful deportee removed. Of course Lin Homer, chief executive of the UK Border Agency, sought to paint a slightly rosier picture, saying: "We are establishing a new route to southern Iraq and have successfully returned 10 Iraqis to the Baghdad area. This is an important first step for us."
Previous UK deportation flights to Iraq had been to the Kurdish Autonomous Region, claiming that it was a 'safe' destination, but the government have long sought to make flights to the rest of the country. Given that Sweden and Denmark have started to return Iraqi deportees to Baghdad, the UK authorities thought the could too. However, they have been condemned by the UNHCR. According to their London office "returns to central Iraq are premature. They could send the wrong signal to other countries, like Syria and Jordan, which have large numbers of refugees and could trigger a destabilising wave of returns." Never mind the constant string of bomb attacks and kidnappings.
Campaign Against Air Italy @ no-racism.net
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