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Archive for February 14th, 2012

Trevor Kavanagh learns a hard lesson about human rights and due process

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“The overwhelming odds are that these guys were put inside for good reason — whatever sob stories their human rights lawyers are peddling on their behalf.” – Trevor Kavanagh, The Sun, 2007

“It is important that we do not jump to conclusions. Nobody has been charged with any offence, still less tried or convicted“, Trevor Kavanagh, The Sun, 2012

Rupert Murdoch’s Sun newspaper has long been hostile to the idea that people suspected of wrongdoing should be treated as innocent until proven guilty, that no-one should be locked up for extended periods without a fair trial and due process, and that even if someone is tried and convicted of a criminal offence, they are still entitled to basic human rights.

When, in 2005, 47 Labour MPs joined opposition ranks to throw out the Blair government’s attempt to award itself the right to detain for 3 months, without charge or trial, anyone it claimed was a “terrorist”, the Sun’s political editor Trevor Kavanagh branded them “traitor MPs” who had “betrayed the British people”.

When, in 2007, Gordon Brown’s government requested the release of five UK residents who had been held for years without charge or trial in Guantanamo Bay, the Sun’s Trevor Kavanagh declared that “The overwhelming odds are that these guys were put inside for good reason — whatever sob stories their human rights lawyers are peddling on their behalf.”

“It’s just about possible the five… are totally innocent… But not very likely”, he suggested.

Yet despite these “overwhelming odds”, four of the five men – Binyam Mohamed, Omar Deghayes, Jamil El Banna and Sameur Abdenour – were subsequently freed after the US government failed to produce any evidence that could convict them of a crime. The fifth, Shaker Aamer, has still not been charged or tried, ten years after he was first detained.

Mohamed, Deghayes and El Banna were subsequently awarded millions of pounds in compensation after a court heard evidence (or as the Sun might describe it, a “sob story”) detailing the UK government’s complicity in their “rendition” and subsequent torture.

This weekend, another five men were arrested on suspicion of a criminal offence. Unlike Binyam Mohamed, Omar Deghayes, Jamil El Banna, Sameur Abdenour and Shaker Aamer, these five men were given prompt access to a lawyer, questioned, and then freed on bail.  Unlike Binyam Mohamed, they were not bundled into a plane, flown to Morocco and tortured with a scalpel, forced into stress positions or subjected to deliberate and prolonged sleep deprivation. They were not – as would have been the case for anyone accused of terrorist offences under the 2005 Bill championed by Trevor Kavanagh and the Sun – held without charge for 90 days while the Police scraped around for evidence.

Has British Justice Gone Soft? Given Trevor Kavanagh’s previous comments on human rights and due process, we might have expected him to be outraged that these five criminal suspects have been treated so leniently. But here he is discussing the case in today’s Sun:

“It is important that we do not jump to conclusions. Nobody has been charged with any offence, still less tried or convicted.”

Here he is on Radio 5: “the evidence that’s been suggested to those who have been arrested so far, is pretty flimsy stuff… people are wondering what on earth is happening… I feel very sorry for them and I know it’s causing them and their families a great deal of anguish”.

What could possibly explain this change in tone? Perhaps the fact that *these* five criminal suspects were Sun journalists, suspected of making corrupt payments to police and other public officials.

The problem with attacking basic democratic principles like human rights and due process is that you never know when you – or someone you care about – might be in need of them. Trevor Kavanagh’s Damascine conversion to the cause is surely to be welcomed. His friends at the Sun do, of course, have a right to a fair trial and to be treated as innocent until proven guilty. It will be interesting to see if they will now extend that same courtesy to the rest of us.

See also: Thaksin Shinawatra: “They don’t care about the rule of law, facts or internationally recognised due process!”

Written by Richard Wilson

February 14, 2012 at 12:41 am