As part of a review of investigatory powers prior to the general election in 2015 announced by Theresa May MP, the Home Secretary, to be carried out by the independent reviewer of terrorism legislation, David Anderson QC, a call for submissions was made https://terrorismlegislationreviewer.independent.gov.uk/review-of-communications-data-and-interception-powers/ (open until Friday 3 October 2014).
In response to this call, an LGC activist made an independent submission to draw awareness to the case of British resident Shaker Aamer, still held in Guantánamo Bay, given that David Anderson QC is the independent advisor to government on the highly sensitive issues of counter-terrorism and counter-radicalisation. In spite of his legal credentials, his response was a referral to reports that support the idea that it might not be unfair to condemn someone without evidence and abuse and imprison them without charge or trial, based simply upon unfounded suspicion and prejudice. Such views put forward by a senior legal figure appointed by the British government undermines the government's claims that it is committed to the rule of law and Mr Aamer's quest for freedom after having been held for almost 13 years without charge or trial and the least due process.
In response to this call, an LGC activist made an independent submission to draw awareness to the case of British resident Shaker Aamer, still held in Guantánamo Bay, given that David Anderson QC is the independent advisor to government on the highly sensitive issues of counter-terrorism and counter-radicalisation. In spite of his legal credentials, his response was a referral to reports that support the idea that it might not be unfair to condemn someone without evidence and abuse and imprison them without charge or trial, based simply upon unfounded suspicion and prejudice. Such views put forward by a senior legal figure appointed by the British government undermines the government's claims that it is committed to the rule of law and Mr Aamer's quest for freedom after having been held for almost 13 years without charge or trial and the least due process.
"26 August, 2014.
Dear David Anderson
Evidence for
Investigating Powers Review
You have rightly commented that counter-terrorism is an
important task that cannot be accomplished through legislation alone. The
cooperation of individuals and communities is a vital element in countering “radical”
ideas and indoctrination. It is important that those responsible for setting
agendas for social responsibility, for civilising values, for cooperative and
tolerant attitudes and behaviour, for acceptance and tolerance of difference,
and for the setting of examples and inspiring virtuous and humane aspirations,
as well as their various audiences, should feel valued, comfortable, and at
ease with UK society and government.
I wish to draw your attention to the situation of Shaker
Aamer, his family and supporters and many who have been actively campaigning,
with no visible result, for over seven years. Shaker and his family decided
that the Islamic commitment to supporting charity through contributions to the
Friday collections was inadequate. Accordingly the entire family relocated to
Afghanistan to do charitable work. After 9/11 the American ‘cavalry’ charged in
with a mission to exact brutal retribution on anyone they determined, without
evidence, could possibly have been implicated in the establishment of an
Afghanistan-based terror machine. His wife and family escaped via Pakistan and
have awaited, in Battersea, the return of their much loved father and husband
since 2001. Shaker has been appallingly treated. He was cleared by six security
agencies as being of no value as a Guantanamo prisoner in 2007. (This is
security apparatus speak for: he is innocent, should never have been detained,
has no evidence of any wrong-doing or malicious intent against his name, has no
intelligence value and should be released immediately as his continuing
imprisonment is a further gross injustice, compounding all previous injustices,
and a cost and burden on the government of the United States.) For lack of any
evidence or hint of wrong-doing he has never been charged or tried and there
are no proposals to do so.
David Cameron. William Hague and Nick Clegg have all
pledged to engage with US authorities to secure his release and return but
since there are no results their pledges ring decidedly hollow. Jane Ellison MP
for Battersea was comparatively active till promoted to a ministerial post. This
government instituted an epetition scheme to enable issues of concern to
electors to be properly aired. Over 117,000 signatures were collected for
Shaker Aamer. I am certain that many times the number could have been were organisation
better coordinated, and certainly there are many thousands who know and
understand the story – and feel aggrieved at the treatment of an innocent
charity worker simply because he was a Muslim charity worker in Afghanistan.
The promised Parliamentary debate has not even been scheduled and there is no
evidence that action is even in prospect. Records show that Britain was
covertly complicit in Shaker’s treatment and suspicion naturally gravitates
towards an explanation for delay implying that government embarrassment is the
cause of Shaker’s continuing imprisonment. When I talk to Muslims particularly
they are often inclined to express frustration over injustice, bigotry and
prejudice. Nor are feelings of scepticism, betrayal and injustice confined to
Muslims. Government inaction cannot be viewed in a positive light by anyone and
procrastination and delays simply confirm in the minds of those, inclined to
suspicion of government motives and intentions, that justice and treatment of
Muslims is of a secondary order to the rest of UK society; and injustices are
the result of government prejudice against Islam generally. I don’t believe
this is at all helpful to community relations. I have repeatedly attempted to
draw government’s attention to this issue without result. I have written to the
Intelligence and Security Committee and to COBRA but my concerns were brushed
off. Your predecessor, Lord Carlisle seemed also to be distinctly underwhelmed.
If what you said about perceptions and community relations
was meant I would urge that you urgently make representations to anyone who
will actually listen and get those in positions of responsibility and influence
to take some effective action to bring Shaker back and reunite a family whose
only motive for travelling to Afghanistan was to do something effective to make
life better for others. For those in authority and power, who repeatedly like
to point fingers of responsibility elsewhere, I can only say that the
perception is that they are responsible for inaction and continued injustice,
whatever I or anyone else says. It is not easy to accept a proposition that the
UK government is powerless to effect the release and return of an innocent
husband and father to his family in Battersea when the USA authorities themselves
have cleared him for release in 2007, and again since, and have determined that
there is no evidence of any wrong-doing whatsoever against him. Government
correspondence is diverted through a Whitehall department called the Counter
Terrorism Office which it is understood is staffed by former MI5 and MI6
officers whom it is widely believed have disincentives for actioning the
release of Guantanamo prisoners; innocent or no. For their own sakes, for those
with power and influence, and for
everyone else’s sake therefore it would be best to bite the bullet and resolve
the issue now before further time and distrust are able to continue to corrode
community relations. This must make good sense for you and colleagues who are
attempting to resolve potential problems of “radicalisation”.
I do look forward with great interest to your response
and, judging by your own very sensible observations, sincerely hope that you
will use your good offices to draw attention to the widespread perceptions of
hypocrisy in this matter, urging that speedy and urgent action be taken now. I
look forward to your response with hope and anticipation."
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He received the following response on 8 September 2014:
Thank you for your thoughtful and courteous letter of 26 August.
What you say about Shaker Aamer is of great interest, though some
of it is not uncontroversial (for another perspective, see this article
from 2012: http://online.wsj.com/news/articles/SB10001424052970204468004577164904145708474).
Though I consider Guantanamo to be a serious blot on the record of
the United States in the “war against terror”, I regret that I am in no
position to take a view on contested facts in the case of Shaker Aamer,
still less to add my voice to the campaign
for his release. My statutory functions begin and end with the review
of certain specific UK counter-terrorism legislation. Though as you
point out in the title of your letter I shall also be conducting an
Investigatory Powers Review over the next few months,
it does not appear that the issues you raise fall within the scope of
that review either.
I am sorry not to have more encouraging news.
Yours sincerely,
David Anderson
