Lawyers save the day...
Despite the many many jokes about lawyers and their being worthless, judges from both sides of the Atlantic have fulfilled their role as guardians of rights and checks on government. In England, Mr Justice Sullivan quashed a number of 'control orders' issued against some people effectively putting them under house arrest. Reading through the precise mechanics of these control orders, they appear to be very similar to being banned under apartheid South Africa - no phone, no meetings, curfews in-house from 4 pm to 10 am. Remember these are people about whom there is intelligence, not evidence. In some cases the intelligence is from US agencies. We all know the UK and US governments' record in respect of "intelligence".
In the US, the Supreme Court, even though packed with GWB's picks (except that one didn't vote since he had been involved in the matter earlier) decided on a 5-3 majority to block the military tribunals that were intended to try some fo the Guantanamo Bay detainees (never mind that there have only been about 10 of these so far as against about 400 people detained).
In the UK, there is talk about a constitutional crisis and the judgment has increased calls from the government to review the Human Rights Act, which many see as one of Tony Blair's triumphs in office. This morning I listened to a podcast of a radio 4 interview with a member of the government and Mike Mansfield QC, esteemed human rights barrister (btw - podcasts of bbc radio are excellent even if they are a day late in Hong Kong) - I loved Mansfield's answer to the question of what are we supposed to do now that control orders have been quashed where we have intelligence about individuals. "due process" was the answer - what's wrong with the old system of putting people on trial and showing the Court that there is sufficient evidence to convict. As Mansfield states, the idea of terrorists, people wanting to change people's ideas through violence is not a new phenomenon and the body of law in this area has been developed over a number of centuries. Human rights protect everyone, not just 'criminals'.
In the US, I wonder what GWB's reaction is going to be...anyone from stateside care to comment? Is Gitmo going to close? what will they do with all the prisoners?
Anyway, overall an excellent day for the judiciary doing their part to perfection.
In the US, the Supreme Court, even though packed with GWB's picks (except that one didn't vote since he had been involved in the matter earlier) decided on a 5-3 majority to block the military tribunals that were intended to try some fo the Guantanamo Bay detainees (never mind that there have only been about 10 of these so far as against about 400 people detained).
In the UK, there is talk about a constitutional crisis and the judgment has increased calls from the government to review the Human Rights Act, which many see as one of Tony Blair's triumphs in office. This morning I listened to a podcast of a radio 4 interview with a member of the government and Mike Mansfield QC, esteemed human rights barrister (btw - podcasts of bbc radio are excellent even if they are a day late in Hong Kong) - I loved Mansfield's answer to the question of what are we supposed to do now that control orders have been quashed where we have intelligence about individuals. "due process" was the answer - what's wrong with the old system of putting people on trial and showing the Court that there is sufficient evidence to convict. As Mansfield states, the idea of terrorists, people wanting to change people's ideas through violence is not a new phenomenon and the body of law in this area has been developed over a number of centuries. Human rights protect everyone, not just 'criminals'.
In the US, I wonder what GWB's reaction is going to be...anyone from stateside care to comment? Is Gitmo going to close? what will they do with all the prisoners?
Anyway, overall an excellent day for the judiciary doing their part to perfection.
posted by Akash at 8:26 AM
4 Comments:
Watching newsnight last, 3 commentators, one of whom was Moazzam Begg, counselled caution against getting too carried away.
Not that i have read the judgement, they made the point that the ruling affects only the small handful who were facing tribunal. The ruling doesnt argue against holding people in Gtmo, nor their ambiguous legal status. Also, they made the point that the matter just gets kicked back to congress who can give GWB a route back to military tribunals.
anyway, thays what they expressed. for my part, the tide is turning against Gtmo, but how quickly i dont know. I do know that he is a moron of the highest order, but that rove will somehow manage to salvage the mid-terms.
i have posted that Pat Cash url, btw.
Hey man, you are up early!
Couldn't find the post with teh url on pat cash's article - no worries.
Did you see the Nadal match yesterday? typical nadal fightback which I am glad about cos I think Agassi v Nadal could be something special.
No-one, however, looks nearly good enough to beat Roger.
Argentina Germany tonight should be excellent.
Sorry here is url.
http://www.timesonline.co.uk/article/0,,2641-2241968.html
Agassi Nadal i imagine will not be the highest quality, simply coz agassi has hardly played all year, but we await with interest.
Anyway, I treid to get through to Radio 5 Live last night tospeak to John Mcenroe, but left iot a bit late. Will try again tonight.
He was good to listen to as usual, although while he was there to answer questions of the day, most people who rang up were dewy eyed fans who have only ever seen one match in their lives (guess which), and are the classic british 2 week a year tennis fans.
He didnt rerally know who would have prevailed Federer vs Sampras, but thought Pete might edge it on the basis of his serve....although he then remebered that Federer beat Sampras at Wimbledon, so concluded that he didnt know.
Anyway, come on Argentima feel they should have too much for the Germans, and reckon France will push Brazil, who need to reform, and push Ronaldinho up front like he does for Barcelona, else they will struggle.
On the subject of calling famous sportsmen, i sent an email to Tiger Woods, and got a response!!!! (he answers 3 emails per week on his website)....thrilling huh?
It's 31 degrees in london, and not a day to do anything but watch sport..the fridge is stocked, and the order of play now today is Agassi/Nadal, England Portugal, Roddick/Murray, Brazil France.....
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