Haldane Society supports Defend the Right to Protest and those students and staff arrested protesting against David Willetts

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This letter has been initiated by activists of the Defend the Right to Protest Campaign. To sign the letter please use the e-petition or e-mail mark.bergfeld@nus.org.uk

On late Monday afternoon, a hundred students and staff from SOAS and the University of London assembled to protest against Universities Minister David Willetts' visit to the college.

In order to avoid a repetition of what happened to A.C.Grayling's lecture at Foyles bookstore, or Richard Dawkins at the Institute of Education SOAS management had not listed the event on its website. In addition, SOAS management flouted the fact that both the Students' Union and UCU at SOAS have voted motions of no confidence in David Willetts. Instead they invited the police onto college grounds to guard the door to the Brunei Gallery.


Asserting their democratic right to protest, students and staff entered the building and occupied the foyer of the lecture hall in which Willetts was speaking. Once the occupation had ended the police arrested a student, and went over to arrest three more. Police were using batons, they erected metal barriers outside the Brunei Gallery and one plain clothes police officer was spotted giving hand signals to the police. The police's actions were provocative, violent and turned a good-natured protest into a scene of mayhem.

The events of yesterday are indeed worrying as they show once again the brutal methods the police will employ in order to quell dissent on the streets and on our campuses. It seems that now, every time the student' and trade union movement calls a protest, the police abuse their powers to intimidate and attack people taking part.

On June 30th, up to one million public sector workers will be striking in defence of their pensions and livelihoods. Yesterday's attacks on our right to protest resemble the arrests before the Royal Wedding and in the run-up to March 26th.

We pledge to defend and assert our right to protest, and demand:
- SOAS management instigate a full independent investigation with the involvement of student and staff from the college into what happened at the demonstration
- the police drop all charges against the arrested protesters
- An end to political policing

Haldane Society supports campaign to free imprisoned pro-democracy campaigners, Swaziland

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A campaign has been launched to free Maxwell Dlamini, the president of Swaziland's NUS (SNUS). Dlamini was arrested, along with political activist Musa Mgudeni, on the eve of the pro-Democracy protests on April 12 and charged with possession of illegal ammunition, although he denies this charge.

His supporters say that the Swazi government is trying to smear Dlamini because he is a popular and well-known figure in Swaziland having led many battles with the government on behalf of the students since he took office.

Dlamini was voted in as president of the NUS in October 2010 and has since led campaigns against increased tuition fees, against proposed cuts to scholarship programmes, and in favour of compelling the Swazi government to honour its constitutional commitment to introduce free primary school education.

Swazi parents currently pay fees for education at every level. A situation that forces some to educate only some of their children and only in the months that they can afford to pay for schooling.

The UK's incoming NUS vice president for society and citizenship, Danielle Grufferty, described Dlamini as "the figurehead" of Swazi student politics. "Maxwell is well-known as a radical within the democracy and union movements in Swaziland," she said. She also said the police knew him as the organiser of recent student protests.

Grufferty, who has lived in Swaziland for a year, was in the country at the time of Dlamini's first bail hearing. She said that the prosecution tried to establish Dlamini as a threat to society. "At the hearing, the prosecution kept asking the police if they thought he was a threat to society, and the police kept saying they believed he was but they couldn't produce any evidence. They asked questions about previous misconduct and there were none. They asked about previous convictions and there weren't any of those either. In the three days that I attended court they didn't produce any evidence to support the allegation that he was in possession of explosives. The people in the gallery began to laugh at the police because of their answers, which annoyed the judge and she warned the gallery: 'There are enough cells down there for you all'."

The prosecution argued that they needed more time and the hearing ended without the judge ruling on whether or not Dlamini could be bailed.

Grufferty filmed this interview outside the court where Dlamini's supporters were singing Swazi liberation songs, and pledging to return to the court each Friday until Dlamini's case is heard.

Swazi school teachers took to the streets last week demanding that King Mswati III's assets to be frozen following a warning from finance minister Majozi Sithole that the government could not ensure salaries would be paid beyond June.

The False Economy of Legal Aid Cuts

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Haldane Society and Young Legal Aid Lawyers release independent report arguing that cutting legal aid is "a false economy" ahead of expected government announcement on legal aid reforms.

A panel of independent experts have concluded that cutting legal aid will not bring the savings to Government spending that Ken Clarke hopes.

" UNEQUAL BEFORE THE LAW? THE FUTURE OF LEGAL AID " sets out the findings of a 'Commission of Inquiry into Legal Aid'. The Commission comprises Evan Harris, former Liberal Democrat MP, Diana Holland, assistant general secretary of the trade union Unite, and the Reverend Professor Nicholas Sagovsky, until recently the canon of Westminster Abbey. These three non-partisan and independent-minded experts, each with a long track record of promoting social justice, considered the cases both for and against legal aid.

Their purpose was to consider objectively, at a time of cuts to public spending including proposals to remove £350 million from the £2.1 billion legal aid budget (see over), the value of the safety net which our legal aid system provides for the ordinary people, sometimes poor and usually vulnerable, who rely upon it.

'Without legal aid I would not have been able to get the help I needed. I would have either been forced back into an abusive relationship or had to move to a refuge with my two children.' SH, written evidence to the Commission of Inquiry into legal aid

On February 2 the Commission took part in a live session at the House of Commons and heard from ordinary people who had received help under the legal aid scheme including the victims of domestic abuse (such as "SH"), destitute asylum seekers, individuals with mental health problems and those who had experienced debt and homelessness.

EP described how legal aid helped her escape her abusive and domineering husband and gain custody of their children. Mrs Whitehouse expressed gratitude for the legal aid lawyers who had helped her stay in her home of nearly 50 years. The Commission heard how people facing such problems in the future may find themselves unable to obtain advice or representation if the government reforms are brought in unchanged.

During its inquiry the Commission also considered evidence from groups such as Liberty and the Child Poverty Action Group as well as submissions from a wide range of organisations (the Ministry of Justice, Policy Exchange and The Adam Smith Institute).

The Commission made seven findings (see over). Unequal before the law? publishes those findings, the individual testimonies and the submissions that they considered.

Evan Harris, Diana Holland and Reverend Nicholas Sagovsky said:

'Legal aid is vital in protecting the rights of vulnerable people...many of those who receive legal aid are among the most vulnerable in society. They include the elderly, the disabled, the abused, children and the mentally ill. They each have legal rights which they would not have been able to enforce without legal aid.'

'Legal aid is vital in upholding the rule of law...There can be no semblance of equality before the law when those who cannot afford to pay a lawyer privately go unrepresented or receive a worse kind representation than those who can.'

'Legal aid is essential to holding the state to account...It would be wrong in principle for the state to tolerate bad-decision making while at the same time removing the ability of ordinary people to hold those bodies to account for their mistakes by reducing legal aid.'

'Cutting legal aid is a false economy...When coupled with the human cost to the vulnerable and socially excluded of reducing legal aid, the panel finds these increased economic costs are unacceptable.'

Having considered the evidence the Commission made seven key findings:

  • Legal aid is vital to protecting the rights of vulnerable people;
  • Legal aid is vital to upholding the rule of law;
  • Legal aid is essential to holding the state to account;
  • Cutting legal aid is a false economy;
  • A holistic approach is needed in providing legal aid;
  • Cuts to legal aid will drive out committed lawyers; and
  • Cutting legal aid is not a fair or effective way to reduce unnecessary litigation.

Unequal before the law? The future of legal aid is published by Solicitors Journal and the research company Jures as part of the Justice Gap series. It is edited by Jon Robins. This is the third publication in the Justice Gap series.

Information about the Justice Gap series including requests for hard copies and PDFs, contact Jon Robins (jon@jures.co.uk/ 07760 415 478).

It is available for download here.

Photos from the launch of the Legal Aid Report here

Please show your support for legal aid by supporting 38 degrees here

And sign the Sound Off for Justice petition here

Human Rights in Tunisia

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Three members of the Haldane Society's executive committee are currently in Tunis as part of a delegation of human rights lawyers and academics investigating human rights abuses under the Ben Ali regime, the complicity of the US and EU states in those atrocities and the prospects of restorative justice for the victims, particulary political prisoners. They will also be investigating the role of Tunisian Trade Unions in the revolution and their ability to protect worker's rights in this fast-changing environment.

The delegation's progress can be followed at their blog:www.tunisiahumanrights.wordpress.com

The twitter feed is here

Cuts to Legal Aid: Haldane's Response to the Green Paper

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The Haldane Society has responded to the Ministry of Justice's consultation on cuts to legal aid. We call for an expansion of the legal aid scheme so that 80% would be financially eligible for legal aid, for better decision-maker by public bodies, and for legal aid to remain for social and welfare law and all other areas of law currently included. We warn that if legal aid is cut, only the rich will have access to justice.

Our full response can be read here

Our colleagues in Young Legal Aid Lawyers have produced a very detailed response, saying that these savage cuts will deny or delay justice.

YLAL's response can be read here

The response from the "Commission of Inquiry into the case for Legal Aid" is here

The Case for Legal Aid: An Inquiry

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The Haldane Society and Young Legal Aid Lawyers held their "inquiry into the case for legal aid" at Parliament on Wednesday 2 February 2011. The panel of Canon Nicholas Sagovsky, Diana Holland and Dr Evan Harris, assisted by Mike Mansfield QC, heard evidence from people who had benefited from legal aid and from expert practitioners in the fields of welfare benefits, immigration law, housing and community care law. A full report will be posted here.

Click here to view photos

Haldane Society Statement On Morong 43, Philippines

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The Haldane Society notes with concern the case of 43 health and community workers – known as ‘the Morong 43’ – currently being detained in the Philippines. The Morong 43 detainees were arrested whilst attending a training camp for health workers on 6 February 2010 when the premises were stormed by almost 300 army and police personnel. The search warrant presented by the police, which was not until presented until after they had entered the premises, was patently defective: it was not specific to the premises being searched, it was issued in a different district to where the search was to be carried out – that alone making it invalid under Filipino law – and, most egregiously of all, was made out in the name of someone who neither lived at the premises nor was present there at the time. No arrest warrants were presented which, in conjunction with the invalid search warrant, makes the detainees arrests flagrantly illegal.

The detainees are accused of being communist rebels and are charged with various offences relating to possession of firearms and explosives supposedly found at the scene. The detainees were transferred to a military compound where they remained until 1 May 2010, at which stage they were transferred to a jail just outside of Manila. Over the period when they were detained in the military compound, the detainees were beaten, intimidated, subjected to mock executions, offered bribes and had threats made against themselves and their family in an attempt to force them to confess or give evidence against their fellow detainees. It is also alleged that the evidence supposedly found during the search was planted by the police, as the search was carried out unsupervised.

The progress of the case through the Filipino courts has been protracted. A habeas corpus petition was unsuccessful at the Court of Appeal and was appealed to the Supreme Court. However at this point, seven months after the case was referred to it, the Supreme Court has still not heard any evidence and the detainees continue to languish in prison.

Haldane Society members were part of a delegation of lawyers from the International Association of Democratic Lawyers that met with the Filipino Justice Secretary, Leila de Lima, in mid September. The delegation was encouraged to hear that Secretary de Lima shared many of our concerns regarding injustices apparent in the case, and that she intended to review the case. Secretary de Lima has since given a report on the case to President Aquino. The Haldane Society hopes that President Aquino considers the report and moves to repair the injustices committed against the Morong 43, and break away from the previous administration’s dire record on protecting human rights, by doing everything within his power to have them released.

by Mike Goold

Wrongful Conviction of Greenpeace Activists by Japanese Court

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RICHARD HARVEY ON BEHALF OF HALDANE SOCIETY OF SOCIALIST LAWYERS

Junichi Sato and Toru Suzuki exposed the blackmarket trade in whale meat in the course of a Greenpeace investigation into Japanese so-called ‘scientific’ whaling. Crewmembers of a taxpayer-funded whaling ship were illegally selling the priciest cuts of whale meat.

Junichi and Toru intercepted a box of whale meat in a storage depot in the port of Aomori. They presented their findings at a press conference, delivered the box to the prosecutor’s office in Tokyo and offered the judicial authorities their cooperation to further uncover the smuggling ring. Instead of investigating these black market activities, the Public Prosecutor dropped the investigation and arrested Junichi and Toru.

The ‘Tokyo Two’ were convicted of theft and trespass on 5 September 2010, and sentenced to one year, suspended for three years. Greenpeace rightly describes this result as wholly disproportionate and unjust, and they will appeal.

The UN Working Group on Arbitrary Detention has said that the detention of Sato and Suzuki was unjustified and contrary to the International Covenant on Civil and Political Rights, especially Article 19 of this Covenant guaranteeing the right to express, impart, receive and seek information. Japan is a party to this treaty.

The Haldane Society joins other international human rights groups in condemning the prosecution, as the ‘Tokyo Two’ clearly had no intention to steal whale meat, but rather, in the public interest, to expose unlawful practices in the Japanese whaling programme. Under international human rights law, peaceful protest by NGOs, investigative reporting by journalists and others, whistle-blowing and participation in public debate on matters of interest for society should be guaranteed and protected by public authorities.

In the international court of public opinion, the ‘Tokyo Two’ were found not guilty long ago. By the principled way in which they have fought their case, Greenpeace’s activists have turned Japan’s normally establishment-oriented media completely around. When they were arrested over two years ago, the media all wanted to know why the ‘Tokyo Two’ refused to apologise for their conduct. Today, the press is demanding that the prosecutor explain why he has failed to investigate the misconduct that Greenpeace exposed.

For more information please click here

Protest against Israeli military attack on Gaza aid flotilla

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Haldane Society of Socialist Lawyers demands legal and political consequences

The Haldane Society of Socialist Lawyers, together with the European Association of Lawyers for Democracy and World Human Rights (ELDH) and the European Democratic Lawyers (EDL) denounce in the strongest terms the military attack by Israeli military forces on the Gaza aid flotilla in international waters, and the killing of at least 10 peaceful demonstrators. See BBC World News “Deaths as Israeli forces storm Gaza aid ship” at http://news.bbc.co.uk/1/hi/world/middle_east/10195838.stm

Instead of acknowledging its responsibility for the crimes committed during the military attack on Gaza one and a half year ago – which have been documented in the UN “Goldstone Report” – and stopping its unlawful siege of Gaza, Israel is adding new crimes to its long record of unlawful actions.

The Gaza aid flotilla, originally comprising 8 ships carrying thousands of tons of construction materials, medical equipment and other aid, intended to sail to Gaza in order to deliver its humanitarian aid, and in order to break symbolically the unlawful blockade of Israel imposed on Gaza. Among the estimated 700 peace activists on board were the 1976 Nobel Peace Prize Laureate Mairead Corrigan Maguire of Northern Ireland, an elderly Holocaust survivor, and European legislators. One participant was Professor Norman Paech (German MP for the Left Party up to 2009), who is also a member of the German lawyers association VDJ, a member association of ELDH.

The Haldane Society demands that the United Nations and the European Union take all necessary political and legal steps to demonstrate to Israel that they are not prepared to accept such humanitarian atrocities and violations of international law.

In particular the Haldane Society demands:

  • Immediate release of the peace activists, the crew and the ships
  • Immediate transfer of all humanitarian aid materials and equipment to Gaza
  • An international investigation of the crimes committed during and after the military attack on the Gaza aid flotilla
  • Prosecution of the responsible Israeli soldiers and politicians
  • An end to the unlawful blockade of Gaza by Israel
  • Acknowledgement by Israel of the crimes committed during the military attack against Gaza in 2009

The European Lawyers Association for Democracy and Human Rights protest against Israeli military attack on aid flotilla is here

The International Association of Democratic Lawyers call for an international investigation into Israeli murder of human rights workers is here