The Guardian reports that Trafigura's legal firm, Carter-Ruck, has abandoned its attempt to gag the Guardian's parliamentary reporting.
The question was asked by MP Paul Farrelly, and went as follows:
"To ask the Secretary of State for Justice what assessment he has made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii) Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura."
Which underlines what kind of scum Trafigura and Carter-Ruck are.
Tuesday, 13 October 2009
Guardian gagged from reporting UK parliament; bye-bye press freedoms?
The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.
— The Guardian, "Guardian gagged from reporting parliament", 2009-10-13
I was going to do some work this morning, but urgent news has interfered. Today, the Guardian reports that they have been banned from reporting on a question asked in Parliament. This contravenes the Bill of Rights and basic human rights of freedom of the press and free speech, and is particularly ludicrous given that the question is on public record, and can be found on parliament's website.
Despite the fact that I perfectly well know the reasons behind the ban and what they're trying to hide, I cannot put them here on this page - the legal situation appears to be unpleasant and hairy in the extreme, thanks again to UK libel law. However, I very much encourage you to read the article, and to conduct your own research from thereon. I'm sure you'll be able to find what you're looking for with some digging...
Interestingly, BBC News is completely silent on the topic. Hopefully that's because they're scared of legal action, not because they don't care about civil liberties. Anyway, I would very much appreciate it if you could give them a nudge by sending them a message asking them to cover the Guardian gag.
Furthermore, please write to your MPs and ask them to bring up this issue in parliament.
— The Guardian, "Guardian gagged from reporting parliament", 2009-10-13
I was going to do some work this morning, but urgent news has interfered. Today, the Guardian reports that they have been banned from reporting on a question asked in Parliament. This contravenes the Bill of Rights and basic human rights of freedom of the press and free speech, and is particularly ludicrous given that the question is on public record, and can be found on parliament's website.
Despite the fact that I perfectly well know the reasons behind the ban and what they're trying to hide, I cannot put them here on this page - the legal situation appears to be unpleasant and hairy in the extreme, thanks again to UK libel law. However, I very much encourage you to read the article, and to conduct your own research from thereon. I'm sure you'll be able to find what you're looking for with some digging...
Interestingly, BBC News is completely silent on the topic. Hopefully that's because they're scared of legal action, not because they don't care about civil liberties. Anyway, I would very much appreciate it if you could give them a nudge by sending them a message asking them to cover the Guardian gag.
Furthermore, please write to your MPs and ask them to bring up this issue in parliament.
Saturday, 3 October 2009
More Willkür?
Burning cars are a regular occurrence in Berlin.
Ever since the G8 protests, cars all over the city keep being set aflame - in the first seven months of 2007, some 143 of them. Unsurprisingly, the police and the city government are under a lot of pressure to do something about this - the destruction of property is immense, and burning cars are dangerous. [1]
In the early morning of the 18th May, a Berlin police patrol noticed a person hiding between parked cars, and went to investigate. On exiting their car, they saw that a nearby car had been set on fire. They rushed to extinguish the flames and lost sight of the person. Given that that person was likely the arsonist, they went looking for him or her.
A few blocks away they saw a young woman, entering a 24-hour shop. She, Alexandra R, looked like the person they had glimpsed earlier, so they followed her in. When she saw the police, she started shouting at them to leave her alone. They took her in on suspicion of arson. Berlin police opened a case against her, but let her go home on Monday afternoon, having decided that she was not an urgent suspect.
The next day, the case was in the newspapers: they called her an arsonist, a car-hater, a "hate-burner". [2] Alexandra R is a leftist activist who organises demonstrations and has been known to throw stones at them. She is the kind of person, the newspapers said, who sets cars on fire.
The pressure from the newspapers and the opposition parties was powerful: the next day, Alexandra was arrested again and detained [3] on suspicion of arson. Two months later, on the 27th July, a judge ruled that she could be released on bail, but then the state prosecutor intervened, now stating that there was a risk of re-offence.
Alexandra has been under detention for more than four months now, and has lost her apprenticeship place as a result of this. At the time of this writing, the case has just gone to trial and so far, its outcome is uncertain, as there is an absence of hard evidence. [4]
Needless to say, I don't think setting cars on fire is a good and righteous thing to do.
What it boils down to, though, is that if you live in Berlin, and have the wrong politics and the wrong friends, you can end up being locked up for months for being in the wrong place at the wrong time. Because it's perfectly possible that she was not that person the police saw. Equally, it is possible that she set that car on fire. But it's not proven. And maybe Berlin police have locked up an innocent for months, for political reasons, because they want to be seen to be doing something.
If she is convicted of arson, her sentence will be one to ten years of prison. The difference being that this sentence will be meted out on someone the legal system has found guilty. The current detention - four months of being locked up so far - is being inflicted on someone who should be presumed innocent.
The state prosecutor claims that if released she would flee. Others point out that she made no move to do so when she was first released, despite fully knowing that she would end up in court. Equally, the likelihood of her setting cars on fire when she's already under bail on suspicion of arson is probably rather low.
Since this case has firmly entered the realms of politics and opinion, I would like to invite you to write to the state prosecutor. You don't have to agree with setting cars on fire - I don't. You don't have to agree with her politics - I don't, by and large. All you need is an unwillingness to let the state lock up someone because it's politically convenient.
So what I've done, and what I would like you to also do, is send an email or letter to the state prosecutor, stating the following things:
Address:
Staatsanwaltschaft Berlin
Turmstrasse 91
10559 Berlin
Deutschland
Email: poststelle@sta.berlin.de
Main Sources (all in German):
[1] According to the chief of Berlin's Landeskriminalamt.
[2] Die kranke Welt der Hassbrennerin, Berliner Kurier
[3] Put into Untersuchungshaft, which is not quite the same thing as detention in the UK or US.
[4] Ein Feuerschein, eine dunkle Figur, Der Tagesspiegel
[5] Linke Gruppe besetzt Wahlkreisbüro von Ströbele, Bild.de
Ever since the G8 protests, cars all over the city keep being set aflame - in the first seven months of 2007, some 143 of them. Unsurprisingly, the police and the city government are under a lot of pressure to do something about this - the destruction of property is immense, and burning cars are dangerous. [1]
In the early morning of the 18th May, a Berlin police patrol noticed a person hiding between parked cars, and went to investigate. On exiting their car, they saw that a nearby car had been set on fire. They rushed to extinguish the flames and lost sight of the person. Given that that person was likely the arsonist, they went looking for him or her.
A few blocks away they saw a young woman, entering a 24-hour shop. She, Alexandra R, looked like the person they had glimpsed earlier, so they followed her in. When she saw the police, she started shouting at them to leave her alone. They took her in on suspicion of arson. Berlin police opened a case against her, but let her go home on Monday afternoon, having decided that she was not an urgent suspect.
The next day, the case was in the newspapers: they called her an arsonist, a car-hater, a "hate-burner". [2] Alexandra R is a leftist activist who organises demonstrations and has been known to throw stones at them. She is the kind of person, the newspapers said, who sets cars on fire.
The pressure from the newspapers and the opposition parties was powerful: the next day, Alexandra was arrested again and detained [3] on suspicion of arson. Two months later, on the 27th July, a judge ruled that she could be released on bail, but then the state prosecutor intervened, now stating that there was a risk of re-offence.
Alexandra has been under detention for more than four months now, and has lost her apprenticeship place as a result of this. At the time of this writing, the case has just gone to trial and so far, its outcome is uncertain, as there is an absence of hard evidence. [4]
Needless to say, I don't think setting cars on fire is a good and righteous thing to do.
What it boils down to, though, is that if you live in Berlin, and have the wrong politics and the wrong friends, you can end up being locked up for months for being in the wrong place at the wrong time. Because it's perfectly possible that she was not that person the police saw. Equally, it is possible that she set that car on fire. But it's not proven. And maybe Berlin police have locked up an innocent for months, for political reasons, because they want to be seen to be doing something.
If she is convicted of arson, her sentence will be one to ten years of prison. The difference being that this sentence will be meted out on someone the legal system has found guilty. The current detention - four months of being locked up so far - is being inflicted on someone who should be presumed innocent.
The state prosecutor claims that if released she would flee. Others point out that she made no move to do so when she was first released, despite fully knowing that she would end up in court. Equally, the likelihood of her setting cars on fire when she's already under bail on suspicion of arson is probably rather low.
Since this case has firmly entered the realms of politics and opinion, I would like to invite you to write to the state prosecutor. You don't have to agree with setting cars on fire - I don't. You don't have to agree with her politics - I don't, by and large. All you need is an unwillingness to let the state lock up someone because it's politically convenient.
So what I've done, and what I would like you to also do, is send an email or letter to the state prosecutor, stating the following things:
- I make no claims as to Alexandra R's guilt or innocence - this isn't about whether she did it, it's about how she has been treated while a suspect.
- I am disturbed by her being denied bail despite the unlikelihood of flight or reoffence.
- I feel that she has been singled out for harsher treatment because of her political associations and because of media pressure.
- She should presumed innocent until sentenced, and yet has been in prison for four months.
- The state prosecution should apologise to her, and in case she is convicted, should lobby for the time already served in detention to be subtracted from the sentence.
Address:
Staatsanwaltschaft Berlin
Turmstrasse 91
10559 Berlin
Deutschland
Email: poststelle@sta.berlin.de
Main Sources (all in German):
[1] According to the chief of Berlin's Landeskriminalamt.
[2] Die kranke Welt der Hassbrennerin, Berliner Kurier
[3] Put into Untersuchungshaft, which is not quite the same thing as detention in the UK or US.
[4] Ein Feuerschein, eine dunkle Figur, Der Tagesspiegel
[5] Linke Gruppe besetzt Wahlkreisbüro von Ströbele, Bild.de
Sunday, 27 September 2009
Shopping as a "patriotic duty"
Lately, the media have been discussing the idea that the public needs to do more shopping to prop up the economy. Some have even framed it in terms of there being a "duty to shop". Meanwhile, the UK government has been lowering interest rates, which ends up punishing people who haven't been living above their means, while bailing out the ones who have.
Anyone with even a passing interest in ecological issues knows that the current rate of consumption is simply impossible to sustain, much less increase. The earth is of a finite size, so eventually we will run out of things. We might quibble about when that's going to happen, but it will, and it will likely happen within your lifetime.
Still, the idea that the economy would - god forbid - shrink - is discussed in apocalyptic terms.
I understand that without some heavy adjustments in society, a shrinking economy means that people lose their jobs. But perhaps modern technology (and the UK's convenient position atop a giant pyramid of exploitation, I mean, trade) has made working forty hours a week an unnecessary burden? Theoretically, we could simply all agree to work less, be a little poorer, and have more free time. In this free time we could discover that there are ways of enjoying ourselves that don't cost as much.
For example, board games. I'm a great fan of board games, and play them fairly regularly. If you look at them from a cost/benefit point of view, they're amazing. An expensive board game may cost 25 pounds, but will provide hundreds of hours of entertainment to several people. However, people don't play board games because they think they're for children, or for nerds, or they're outdated.
Partly, this is due to conspicuous consumption, that tendency of people to consume goods and services to show off their wealth and success. Playing a board game doesn't require you to be rich, successful or popular, so it's an unpopular pastime for that reason.
To some degree, I think, this is human nature - people instinctively want to enhance their social status. But societies can differ in what things define your social status, and theoretically, those things could be something less environmentally disastrous.
But anyone who sells anything has a vested interest in equating its consumption with social standing. Hence, advertising consists of a thousand daily voices telling you to buy things. But there are next to no voices telling you not to.
Another vested interest is the limitation of public facilities. Anything that's freely available to everyone - benches, public toilets, public television, public anything - is in competition with its private counterpart - coffee shops, toilets that charge you, private television, etc. (Yes, benches and public toilets compete with coffee shops. How many times have you had a cup of tea because you needed the loo and a sit down, rather than because you wanted the tea?)
Finally, I have to bring up the argument that money does not make you happy. This is a phrase that many people secretly disbelieve, but I think it's quite accurate. Unsurprisingly, there has been quite a lot of research in that direction, and what it generally says is this: people who are actually poor (by the standards of their society) are less happy than others. But for everyone else, there is no correlation between wealth and happiness. [1] [2]
At this point you may have dismissed this post. After all, none of this is new. You've been told to turn off your TV, go outside, stop buying pointless things, et cetera et cetera. You've been told more times than you can remember.
That doesn't mean it's not true, though, now is it?
People have this crazy idea that once something's no longer fashionable, it's no longer true. Criticisms of consumerism haven't stopped being true just because people came up with them a while ago. Just because they're no longer "trendy" doesn't mean they're not valid.
I think that's pretty much what happened to environmentalism in the 90s - it was considered such an 80s thing to worry about that the public just largely forgot about it. Instead we had the dot-com boom to occupy us. Next, terrorism grabbed the headlines. And now it's 2009, and unsurprisingly, the environmental problems haven't gone away by themselves.
So what can you do? Understand that a lot of people are putting a lot of effort into making you believe you must constantly spend money to be happy and entertained. Distrust these impulses and consider the alternatives.
If you're interested in reading more about such things, I can recommend the book Growth Fetish, which makes most of the points I make above but in more detail.
[1] Clive Hamilton - "Growth Fetish", chapter 2.
[2] Or alternatively, Hamilton's sources, which I admittedly haven't read:
Steve Dodds, "Economic growth and human well-being", in Mark Diesendorf and Clive Hamilton (eds), "Human Ecology, Human Economy: Ideas for an Ecologically Sustainable Future", Allen & Unwin, Sydney, 1997.
Bruno Frey and Alois Stutzer, "Happiness and Economics", Princeton University Press, Princeton and Oxford, 2002.
Anyone with even a passing interest in ecological issues knows that the current rate of consumption is simply impossible to sustain, much less increase. The earth is of a finite size, so eventually we will run out of things. We might quibble about when that's going to happen, but it will, and it will likely happen within your lifetime.
Still, the idea that the economy would - god forbid - shrink - is discussed in apocalyptic terms.
I understand that without some heavy adjustments in society, a shrinking economy means that people lose their jobs. But perhaps modern technology (and the UK's convenient position atop a giant pyramid of exploitation, I mean, trade) has made working forty hours a week an unnecessary burden? Theoretically, we could simply all agree to work less, be a little poorer, and have more free time. In this free time we could discover that there are ways of enjoying ourselves that don't cost as much.
For example, board games. I'm a great fan of board games, and play them fairly regularly. If you look at them from a cost/benefit point of view, they're amazing. An expensive board game may cost 25 pounds, but will provide hundreds of hours of entertainment to several people. However, people don't play board games because they think they're for children, or for nerds, or they're outdated.
Partly, this is due to conspicuous consumption, that tendency of people to consume goods and services to show off their wealth and success. Playing a board game doesn't require you to be rich, successful or popular, so it's an unpopular pastime for that reason.
To some degree, I think, this is human nature - people instinctively want to enhance their social status. But societies can differ in what things define your social status, and theoretically, those things could be something less environmentally disastrous.
But anyone who sells anything has a vested interest in equating its consumption with social standing. Hence, advertising consists of a thousand daily voices telling you to buy things. But there are next to no voices telling you not to.
Another vested interest is the limitation of public facilities. Anything that's freely available to everyone - benches, public toilets, public television, public anything - is in competition with its private counterpart - coffee shops, toilets that charge you, private television, etc. (Yes, benches and public toilets compete with coffee shops. How many times have you had a cup of tea because you needed the loo and a sit down, rather than because you wanted the tea?)
Finally, I have to bring up the argument that money does not make you happy. This is a phrase that many people secretly disbelieve, but I think it's quite accurate. Unsurprisingly, there has been quite a lot of research in that direction, and what it generally says is this: people who are actually poor (by the standards of their society) are less happy than others. But for everyone else, there is no correlation between wealth and happiness. [1] [2]
At this point you may have dismissed this post. After all, none of this is new. You've been told to turn off your TV, go outside, stop buying pointless things, et cetera et cetera. You've been told more times than you can remember.
That doesn't mean it's not true, though, now is it?
People have this crazy idea that once something's no longer fashionable, it's no longer true. Criticisms of consumerism haven't stopped being true just because people came up with them a while ago. Just because they're no longer "trendy" doesn't mean they're not valid.
I think that's pretty much what happened to environmentalism in the 90s - it was considered such an 80s thing to worry about that the public just largely forgot about it. Instead we had the dot-com boom to occupy us. Next, terrorism grabbed the headlines. And now it's 2009, and unsurprisingly, the environmental problems haven't gone away by themselves.
So what can you do? Understand that a lot of people are putting a lot of effort into making you believe you must constantly spend money to be happy and entertained. Distrust these impulses and consider the alternatives.
If you're interested in reading more about such things, I can recommend the book Growth Fetish, which makes most of the points I make above but in more detail.
[1] Clive Hamilton - "Growth Fetish", chapter 2.
[2] Or alternatively, Hamilton's sources, which I admittedly haven't read:
Steve Dodds, "Economic growth and human well-being", in Mark Diesendorf and Clive Hamilton (eds), "Human Ecology, Human Economy: Ideas for an Ecologically Sustainable Future", Allen & Unwin, Sydney, 1997.
Bruno Frey and Alois Stutzer, "Happiness and Economics", Princeton University Press, Princeton and Oxford, 2002.
Thursday, 24 September 2009
Trafigura: An Opinion Piece. Opinion! No facts here!
As I have previously mentioned, UK libel law is quite unusual in that it essentially places the burden of proof onto the accused rather than the accuser. Also, the defence costs, even if the defence is successful, have to be carried by the accused, and the costs can easily be half a million pounds. This leaves most organisations and individuals with no choice other than not to contest the suit and having to retract their statements.
On a completely unrelated note, have a series of links to some interesting - but potentially libellous and untrue - news articles about oil trading company Trafigura:
In my personal opinion...
Wait, am I allowed to have an opinion on this?
I'm not entirely certain. I was under the impression that people were generally allowed to have an opinion, but recent events have somewhat dented that idea.
So you're just going to have to form your own. But then you must keep it to yourself, or at least not mention it within sight or earshot of Trafigura's lawyers...
On a completely unrelated note, have a series of links to some interesting - but potentially libellous and untrue - news articles about oil trading company Trafigura:
- How UK oil company Trafigura tried to cover up African pollution disaster, The Guardian, Wednesday 16 September
- Trafigura knew of waste dangers, BBC News, Wednesday 16 September
- Call for murder charges to be brought over toxic dumping, The Independent, Friday 18 September
In my personal opinion...
Wait, am I allowed to have an opinion on this?
I'm not entirely certain. I was under the impression that people were generally allowed to have an opinion, but recent events have somewhat dented that idea.
So you're just going to have to form your own. But then you must keep it to yourself, or at least not mention it within sight or earshot of Trafigura's lawyers...
Thursday, 17 September 2009
Quick Link: How to Organise a Demonstration
I thought readers here might be interested in Carrie Supple's article for The F-Word: How to organise a demonstration:
In this case study, Carrie Supple explains how she and Louise Morris organised a protest to support Sudanese journalist Lubna Hussein - and how you can use the same techniques to organise a demo for your campaign too.
Monday, 14 September 2009
A famous face
Zarkonnen's description of the purpose of this blog is that it is a place to practically make the world a little better. I am hoping that posting this here will help something be done about the focus of my post today, TV chef James Martin.
In an article in The Mail on Sunday motoring section he describes how endangering cyclists by "skimming" them and implies he causes them to either crash or certainly come near. I know that it can be challenging for some people to understand the appeal of cycling, but in the UK as in almost all countries cyclists have equal rights on the road and are much more vulnerable road users.
The article itself does not fall foul of the guidelines set out by the Press Complaints Commission, even though he explicitly describes breaking the law and endangering others, but for this reason I feel that complaints against this article should be sent to the BBC. As his main employer he is a representitive of the corporation on TV and in this article puts himself and the BBC into disrepute.
The letter example below is taken from the Bike Radar forums, but can be adjusted and sent to the BBC complaints department. It isn't their fault that his article was published, but I don't want a public body that I help to fund to keep such a person on their payroll.
In an article in The Mail on Sunday motoring section he describes how endangering cyclists by "skimming" them and implies he causes them to either crash or certainly come near. I know that it can be challenging for some people to understand the appeal of cycling, but in the UK as in almost all countries cyclists have equal rights on the road and are much more vulnerable road users.
The article itself does not fall foul of the guidelines set out by the Press Complaints Commission, even though he explicitly describes breaking the law and endangering others, but for this reason I feel that complaints against this article should be sent to the BBC. As his main employer he is a representitive of the corporation on TV and in this article puts himself and the BBC into disrepute.
The letter example below is taken from the Bike Radar forums, but can be adjusted and sent to the BBC complaints department. It isn't their fault that his article was published, but I don't want a public body that I help to fund to keep such a person on their payroll.
I wish to formally complain about the comments made by the presenter James Martin in a column in the Daily Mail newspaper. Whilst I recognise that this is beyond the control of the BBC the presenter is one the public faces of the corporation and receives funding from licence payers.
James Martin specifically admits to causing cyclists distress and possible injury by his actions. The admissions, if substantiated, could well result in prosecution for Inconsiderate Driving, Driving Without Due Care And Attention or even Common Assault. The behaviour of James Martin as described in his column are not those which I have come to expect from the BBC. I would be grateful if you could explore the admissions and recontact me with the results of your findings. The article can be found below.
http://www.dailymail.co.uk/home/moslive/article-1211917/JAMES-MARTIN-The-Tesla-Roadster-electric-supercar-thats-fast-Ferrari.html
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