Thursday, 27 September 2012

Another bad day for SACC

If we were independent, if we already were now after not waiting until 2014, would the American-British extradition treaty of 2004 apply to Scotland? not unless we signed up to it in our own right. So can we get all the pro-independence parties' intentions on that?

This is the treaty signed as part of the War on terror, that allows America to demand extradition of British citizens to be put on trial in America for actions committed in Britain, while no equivalent power exists in the reverse direction. it lies behind the news, on Monday, of the European Court of Human Rights rejecting an appeal application to review in Grand Chamber the decision it had already taken, to allow 5 British citizens to be deported with the prospect of life sentences in the ADX Supermax jail at Florence, Colorado.

The media have concentrated on the one who has a racial hatred conviction and is easily linked with terrorism in public awareness, Abu Hamza, and by this they have made the whole decision sound good. But less publicised, you would only hear of them at all if you read the Independent, were Babar Ahmad and Talha Ahsan, who the CPS in England had earlier decided it lacked evidence to charge for anything, who have never been charged with anything in Britain, and what America wants them for concerns entirely the geopolitical views of a website in the late 1990s that has no longer existed for years.

Scotland Against Criminalising Communities, a local campaign in the Central Belt that originated to defend the asylum seekers sent there and to publicise some other personal injustice cases that seemed to have happened because of racism, has taken a strong interest in the Ahmad-Ahsan case and its implications for the safety of us all, it has led the awarenss campaigning on it in Scotland. It has written on its own blog on the bad agenda the media is purusing this week, this post called "Another bad day for the media". It shows really well, anyone who doubts should read it, how it is implausible to think there was any actual error by the BBC in exposing the queen's views, that exposing them suited the impression the media wanted to give, of turning the public mood against all 5 of the folks in the case.

BUT - get this, BUT.

SACC has been told all about the court change, many times. The court change originated in the ECHR. The court change is what Ahmad and Ahsan most critically need now. The court change, itself deliberately ignored by the media and political class for 13 years, measns no court decision is any longer final. Every decision is faultable, and nobody any longer needs to apply for permission to appeal anything, the entitlement to fault the content and basis of every court decision is an absolute. Including this one. That is what Ahmad and Ahsan's supporters need to keep doing - speaking out that the court change exists and how, and laying claim to use the faulting power it creates. Telling as many ears as possible that the ECHR acts knowingly illegally every time it ignores the court change's existence, including every time it rejects any Grand Chamber application at all.

SACC writes "Why do journalists leave their best stories for their children to write? We need the truth now, while there is still time to act upon it. Why then does SACC not share the truth about the court change? SACC has never offered any argument against the reasons why the court change is real. Nor has anyone else, and that is unsurprising, because to deny the court change is real you have to be willing to claim that a factually impossible finding, a finding that 2 dated events happened in reverse order than their dated order in time, stands as a final decision by a court. By saying that you would abolish all factuality for any court outcome ever, you would openly abolish justice entirely. But the only alternative to that is to admit that the court change is real. I have explained this on this blog many times before.

SACC know all this, and expresses strong views on betrayal - yet in the blog post linked to, it still described the ECHR decision as final!!!

Work that out. What does that say about SACC itself having an agenda?

Back in May, SACC told me the court change "just hasn't been raised as an issue in cases going through the courts that we've been concerned with. We're not lawyers and we don't get to to decide how cases are argued. It's a bit abstact for a group like ours unless/until it comes up in a case we are concerned with." It was already as obvious then as it is now, that the court change comes up right in the heart of this case. It is part of the facts submitted to the court, emailed to the court president Nicolas Bratza, so that whether the court responded to it is key to whether its decision has any legitimacy as a decision or ignored part of the facts put in front of it. It is a tool for laying claim to prevent the deportations - DOES SACC WANT EVERY TOOL TO PREVENT THE DEPORTATIONS, TO BE USED, OR BY ANY CHANCE NOT?


Oct 8: Amnesty International: USA must respect rights of individuals extradited from the UK


  1. Just now, when the expected happened, SACC blogged this: "The High Court in London has refused the application for a judicial review for Babar Ahmad, Talha Ahsan, Adel Abdul Bary and Khalid Al-Fawwaz and says all 5 extraditions can go ahead immediately. The full judgment is still being read out and may take some time.

    None of this will be any surprise to anyone who has been following the utterly disgraceful proceeedings at the Royal Court of Justice this week."

    None of this will be any surprise to anyone who has followed SACC's utterly disgraceful total public silence on the court change throughout this case.

  2. Followed now by the deportation of Olalekan Ayelokun, a gay refugee from the persecutive anti-gay laws in Nigeria, again on a judge's discretionary say-so.

  3. SACC has even added a country to the court change without being willing to say so.