Tag Archives: presumption

Tories unleash flagship scheme ahead of conference – to abolish your rights!

Slavery in the UK: This image was part of a campaign against it - but the Conservative Party wants to extend it to include you.

Slavery in the UK: This image was part of a campaign against it – but the Conservative Party wants to extend it to include you.

One has to marvel at the twisted logic of modern Conservatives; right before their last party conference in the run-up to the general election, they can normally be expected to be trying to bribe us all with tax cuts and benefits (maybe they will come later).

Instead they are promising to remove the safety net that keeps us free of exploitation by – what a surprise! – the Conservatives and their friends.

It’s not a new plan – Vox Political reported on the policy back in March last year, when Theresa May announced that they would scrap the Human Rights Act and withdraw from the European Convention on Human Rights if they win the 2015 general election. They aren’t saying anything different now.

Back then, she claimed it would be “in the national interest”, and now Injustice Secretary Chris Grayling is saying more or less the same thing, dressing it up as an attempt to return power to the UK.

He told the Daily Telegraph: “Decisions like ‘do prisoners get the vote?’ or ‘can you send brutal murderers to prison for their whole lives?’ seem to be outside our control. I want our supreme court to be supreme. Decisions that affect this country should be taken in this country.”

He did not mention all the other rights you are likely to lose if the Conservatives are allowed to get away with this.

The European Convention on Human Rights was co-drafted by the UK – in fact by the Conservatives’ greatest Prime Minister, Winston Churchill – just after World War II. It states that nation states’ primary duty is to “refrain from unlawful killing”, to “investigate suspicious deaths” and to “prevent foreseeable loss of life”.

VP commented in March 2013 that “the Coalition government has been reneging on this obligation – wholesale – since it came into power”. Look at the Department for Work and Pensions’ work capability assessment for Employment and Support Allowance, and the thousands – possibly tens of thousands – of deaths related to it.

Article 4 of the Convention prohibits slavery, servitude and forced labour, so removing it would give the Tories free hand to impose their Mandatory Work Activity or Workfare schemes on us – despite the fact that these schemes are worse than useless at getting people into employment. The real reason for them is that they are a money-making scam to ensure the businesses involved support the Conservative Party.

Article 6 provides a detailed right to a fair trial, which is something Mr Grayling has been working hard to take away from you for a considerable period of time. It’s where you get the right to a public hearing before an independent and impartial tribunal within a reasonable time (the Coalition’s secret courts have removed this right already), and where the presumption of innocence until proven guilty is enshrined.

Article 8 provides a right to respect for another person’s “private and family life… home and… correspondence”. This has been violated, of course, by the Tory-led Coalition’s recent Surveillance Act.

Article 10 provides a right to freedom of expression, so removing it would allow the Tories to censor the Internet and remove blogs such as Vox Political, leaving only their own propaganda.

Article 11 protects the right to freedom of assembly and association, including the right to form trade unions. Obviously the Tories would love to ban the unions, but removing this would allow them the ability to ban anti-government demonstrations and it is probably why Boris Johnson bought his water cannons.

The Human Rights Act 1998 (brought in by the Labour Party) is the UK legislation that makes the European Convention binding on this country, meaning that breaches of it may be remedied in British courts, rather than the European Court of Human Rights in Strasbourg. It is only appeals against the decisions of the British courts that go to Europe.

Grayling doesn’t like the idea of impartial foreigners ruling on whether his government’s politically-motivated human rights violations are legal.

That’s why he said; “I want our supreme court to be supreme. Decisions that affect this country should be taken in this country.” He wants absolute power over you.

Dominic Grieve, the former Attorney-General who got the sack during the summer, described the Tory attack on human rights as “incoherent”. It is widely believed to be one of the reasons he got the push.

The Tories are also determined to tie this policy in with anti-European Union rhetoric, even though the ECHR is nothing to do with the EU.

The Guardian‘s story on Grayling’s announcement includes a coda in which Savid Javid, our Sontaran* culture secretary, tried to reassure people that Britain could still prosper if it leaves the EU, despite the possible loss of hundreds of billions of pounds worth of trade deals (as reported in this blog previously).

But that’s another fact they’d rather you did not know. Misdirection is the only way forward for modern Conservatives.

Remember “There will be no top-down reorganisation of the NHS”?

*It’s a Doctor Who reference. Look up pictures of Javid and a Sontaran and you’ll spot the resemblance.

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Boris Johnson’s catch-22: ‘Get rid of the presumption of innocence’

Dangerously right-wing policies wrapped in a fuzzy exterior - but can Boris Johnson pull the wool over our eyes?

Dangerously right-wing policies wrapped in a fuzzy exterior – but can Boris Johnson pull the wool over our eyes?

A centuries-old pillar of British justice is too good for some UK citizens, according to that Great Briton Boris Johnson (who is descended from a Turk).

He wants Britain to abandon the core governing principle of its legal system – the presumption of innocence in UK law – so that people who travel to “war areas” such as Iraq and Syria may be presumed to be potential terrorists unless they can prove otherwise.

This means that people who go to war zones for humanitarian reasons would be labelled as terrorists, along with those who travel there to find lost relatives and bring them home, if they don’t notify the authorities first – and there are reasons why people might not want to do that.

It also means countries like Iran would have more advanced legal systems than the UK – Iran has the presumption of innocence until guilt is proven enshrined in its constitution.

Johnson reckons “the law needs a swift and minor change so that there is a ‘rebuttable presumption’ (which shifts the burden of proof on to the defendant) that all those visiting war areas without notifying the authorities have done so for a terrorist purpose”. Minor change?

Fortunately we do not need a change in the law to prove that this means Boris Johnson is an evil-minded arse.

Already fellow Tory and former attorney general, Dominic Grieve – who was allegedly ousted by David Cameron because he did not support Conservative-led changes to Legal Aid that would have made justice available only to the rich – has made it clear that Johnson’s idea would undermine British legal values.

How, exactly, is anyone supposed to prove that they did not cross borders to deliver supplies to terrorists or receive training in terror tactics?

James Ball, writing in The Guardian, states: “Recent history recounts in great and dismal detail the consequences of Johnson’s ‘simple and minor’ change: Camp X-Ray at Guantánamo Bay.

“Camp staff were told in classified documents that ‘[t]ravel to Afghanistan for any reason after the terrorist attacks of 11 September 2001 is likely a total fabrication with the true intentions being to support Osama bin Laden through direct hostilities against the US forces’. No matter if your detainee says they were visiting family, supporting NGOs, working with religious groups, or even – in some cases – supporting coalition forces, travel is deeply suspicious.

“’Travel to Afghanistan for charity reasons or to teach or study Islam,’ the document warned, ‘is a known al-Qaida/extremist cover story without credence.’

“Another sign someone is a terrorist, the US government said, was them telling you they were not. If the sleep-deprived inmates, who often had mental health issues, answered the questions slowly, this was also evidence they were a highly coached terror suspect. Even wearing a Casio watch – one of the world’s bestselling timepieces – was ‘the sign of al-Qaida’.”

It’s a Catch-22. According to this logic, anyone returning from a country where terrorists are active who claims they are not a terrorist must be – according to the authorities – a terrorist.

Wikipedia has it that “one connotation of the term is that the creators of the ‘catch-22’ have created arbitrary rules in order to justify and conceal their own abuse of power” and that “rules are inaccessible to and slanted against those lower in the hierarchy” (which is, of course, the intention behind Chris Grayling’s changes to Legal Aid).

So Boris Johnson wants to impose another abuse of power on those of us who cannot fight it.

That’s business as usual for a Tory.

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