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NEWS AROUND PRISON AND LAW / UNITED KINGDOM
30 June 2006
die kriminalitätsrate in nord irland stieg von 1. april bis zum 11. juni 2006 um 5.9%.
Crime levels up 6% so far this year
Crime levels in Northern Ireland have risen by 6% so far this year, it has been revealed.
Police clearance rates for sectarian and racist crimes have also slumped, according to new figures.
The statistics show the force was less than half way towards its target for solving violent offences.
As Chief Constable Sir Hugh Orde urged his district commanders to intensify their efforts, a Policing Board representative expressed shock at the latest statistics.
Democratic Unionist member Ian Paisley Jr said: "These are alarming figures. What`s even more worrying is that they come on the back of a 4% increase in overall crime last year."
Sir Hugh disclosed the latest PSNI performance summary, from April 1 to June 11 this year, during a private briefing to the Board.
Despite attempts to cut the total number of crimes by 2%, overall the figure increased from 23,589 for the same period last year to 24,969 (up 5.9%).
It did manage a major reduction in vehicle crime during that two and a half months, however, cutting incidents by 10.7% from 1,752 to 1,565.
But there were 100 more violent crimes, even though a 2% reduction target was set for this year.
With the force attempting to clear at least 29% of all crimes, it only managed to deal with 16% overall.
Despite a 50% target for clearing all violence-related incidents, just 24.4% got sorted.
As race-hate attacks continue to strike fear into communities, the PSNI managed to successfully deal with 20.5% last year.
Instead of the 2% increase in clearances set in the Policing Plan, the level has fallen to 4.1% so far this year.
With the same goal set for sectarian crimes, last year`s 14.4% clearance rate has gone down to 5.9% for the first quarter.
Although Sir Hugh stressed the PSNI was facing tougher targets than other UK forces, he said they could be achieved.
He also reassured the Board, during its monthly meeting yesterday, that it was still early in the year and that cases currently being processed would improve the figures.
The Chief Constable has met with his district commanders to ensure "we have not taken our eye off the ball", he told the Board.
With a further case conference involving senior officers planned, Mr Paisley urged Sir Hugh to allow Board members to attend.
He added today: "As I predicted earlier this year, there has been an upward trend in crime and a downward trend in police ability to combat crime.
"Police have indicated they recognise this is a problem and I believe we should be invited."
The PSNI tonight said crime was up slightly on the same period last year, highlighting the 1% rise in domestic burglaries and near 1.7% rise in violent offences.
But a spokesman stressed the 10% drop in vehicle crimes.
He added: "It should also be remembered that overall crime rates are still 14% lower than they were in 2002/03.
"The Chief Constable held a performance conference with District Commanders this week to look at ways of increasing performance and maximising efforts to prevent crime.
"He is holding another conference in eight weeks and has said that Policing Board members are welcome to attend.
"The Police Service is constantly looking at new ways to work wit
h all members of the community to prevent crime and make Northern Ireland safer."
[ u.tv
28 June 2006
weil sie den artikel 5 des eu menschenrechtsübereinkommen verletzen, hat ein richter die sog. sintrol orders bei sechs männern aufgehoben.
British court lifts terrorism 'control orders' on six suspects ...
A senior judge in Britain Wednesday quashed so- called control orders imposed on six terrorism suspects on the grounds that they violated European human rights law.
A High Court judge ruled that the orders were 'incompatible' with Article 5 of the European Convention on Human rights which prevents indefinite detention without trial.
'It follows that the home secretary had no power to make the orders and they must therefore all be quashed,' the judge said.
Last year, the government introduced the so-called control orders, under which British and foreign terrorism suspects can be kept under 24-hour surveillance, and even be placed under house arrest.
They allow a range of different restrictions on suspects in cases where there is not enough evidence to put them on trial.
The orders, imposed at the discretion of the Home Office (Interior Ministry), were introduced after Britain's Law Lords, the country's highest court, had declared the practice of keeping foreign terror suspects in indefinite detention without trial a breach of human rights.
Wednesday's court ruling relates to six out of a total of 14 control orders currently in operation.
Legal observers said the High Court decision could mark the beginning of a process that could see the unravelling of the control order system.
Lawyers have warned that if the restrictions imposed under the orders were made any tighter, Britain would need an opt-out from European human rights law.
[ monstersandcritics.com
20 June 2006
in schottland startete die polizei landesweite razzien gegen messerdelikte.
in dem zusammenhang wurde angekündigt daß die bahnhöfe in schottland mit metalldetektoren ausgestattet werden.
in london werden in einzelnen bahnhöfen und u-bahnstationen metalldetektoren seit februar eingesetzt.
Scanners will target 'hot-spot' stations in war on knives
Airport-style scanners to be used in rail stations to combat knife crime
Ayrshire town of Largs will be first to use the device in July
100 arrests and 75 knives recovered on tube since February using scheme
METAL detectors will be used in railway stations across Scotland for the first time from next month in a crackdown on knife crime.
British Transport Police will operate walk-through scanners in known "hot spots". Hand-held metal detectors will also be used on people whom officers suspect may be carrying weapons. The Scotsman has learned the Ayrshire town of Largs will be the first to utilise the airport-style device when the security operation is launched in July.
It follows the February launch of Operation Shield in London, which saw scanners deployed in train and Tube stations.
Just under 10,000 people have passed through the detectors, while another 1,100 have been subject to stop-and-search. More than 100 have been arrested and 75 knives recovered.
Following the initial operation, the scanners will be deployed to other stations in Scotland. They might also be used when major events are being held, such as T in the Park.
A spokesman for British Transport Police in Scotland said Largs was chosen as it had a "particular problem" with gangs. Knife crime has reached record levels in Scotland, with the number of under-18s convicted of carrying a blade more than doubling in the past ten years.
In 2004-5, 693 youths were guilty of such charges, with 427 convicted of possessing an offensive weapon.
In April, the then transport secretary, Alistair Darling, said the trials in London had been "extremely successful", and announced that the use of scanners would be spread to the rest of the UK.
Last month, Thomas Grant, 19, a student from Gloucestershire, was stabbed to death on a train Cumbria as he travelled home from St Andrews University.
Robert Samson, of Passenger Focus, welcomed the move to introduce scanners at train stations, but added: "We are looking for this to be used in a way that doesn't delay passengers."
[ scotsman.com
15 June 2006
Britain: Did police shoot to kill in Forest Gate anti-terror raid?
On Tuesday, June 13, Mohammed Abdul Kahar and his brother Abdul Koyair spoke publicly for the first time of the anti-terror raid on their east London home, during which Kahar was shot. They also spoke of the seven days during which they were detained by police before being freed without charge.
Their accounts were harrowing.
Kahar, 23, and Koyair, 20, are the British-born sons of Bangladeshi parents and live with their family in Forest Gate. In the early hours of Friday June 2, their home was targeted for an anti-terror raid. Some 250 police officers were involved in the operation, after an informant apparently tipped off police that a suicide bomb vest laced with poisonous chemicals was being prepared on the premises.[...]
[ Britain: Did police shoot to kill in Forest Gate anti-terror raid?
Schwere Vorwürfe gegen die Polizei
Bei Razzia Angeschossener: Polizist hat sofort geschossen
London - Ein Anfang des Monats bei einer Großrazzia angeschossener Brite hat schwere Vorwürfe gegen die Londoner Polizei erhoben.
Ein Polizist habe ohne Vorwarnung auf ihn gezielt, sagte der 23-jährige Mohammed Abdul Kahar am Dienstag. Bei dem Einsatz waren rund 250 Polizisten auf der Suche nach einer chemischen Bombe in das Haus Kahars gestürmt, einige davon in Schutzanzügen. "Wir hatten Augenkontakt, er hat sofort geschossen", sagte Kahar über den Schützen. Er habe nur einen orangefarbenen Funken gesehen und sei gegen die Wand geprallt. "Aus meiner Brust lief Blut. Ich wusste, dass ich getroffen war." Eine Polizeisprecherin wollte sich zu den Vorwürfen nicht äußern.
Der durch einen Schuss an der Schulter verletzte Kahar und sein 20-jähriger Bruder Abul Koyair wurden festgenommen - jedoch rund eine Woche später ohne Anklagevorwürfe wieder freigelassen. Beide Männer beteuern ihre Unschuld. Es handelte sich um eine der größten Razzien seit den Selbstmordanschlägen auf das Londoner Nahverkehrssystem im Juli 2005, bei denen 52 Personen ums Leben kamen.
Widersprüche
Über den Ablauf der Razzia und den Schuss auf Kahar gibt es widersprüchliche Angaben. Einige Zeitungen berichteten von einem Kampf zwischen Kahar und den Einsatzkräften. Die Polizei rechtfertigte den Einsatz an sich, leitete eigenen Angaben zufolge jedoch eine Ermittlung ein. Koyair sagte, er und sein Bruder hätten zunächst Einbrecher im Haus vermutet, da sich die Einsatzkräfte nicht ausgewiesen hätten. "Sie haben versucht, meinen Bruder zu ermorden", sagte Koyair. Er selbst sei die Treppe herab geschleift und geschlagen worden.Das Vorgehen der Polizei wird in Großbritannien heftig kritisiert und erhöht den Druck auf Polizeichef Ian Blair. Blair ist bereits wegen des Todes des Brasilianers Jean Charles de Menezes unter Druck, der kurz nach den Anschlägen in London von Polizisten erschossen worden war. Die Sicherheitskräfte hatten Menezes irrtümlicherweise als Selbstmordattentäter identifiziert. (Reuters)
[ derstandard.at
8 June 2006
Home Office defends sharing DNA database
The Home Office is under fire for allowing foreign agencies access to the National DNA Database (NDNAD).
Following the news two weeks ago that the ID card database will be shared, Liberal Democrat Home Affairs spokeswoman Lynne Featherstone asked in parliament whether foreign law enforcement can already access DNA data. Home Office minister Joan Ryan confirmed that since 2004 they had received 519 requests for UK DNA data from abroad. No records are available from before that time, she added.
Featherstone said yesterday: "What confidence can we have in the Government's reassurance of the DNA database having proper safeguards when, until last year, they didn't even collate requests properly?"
NDNAD contains profiles collected from crime scenes, and of suspects in criminal investigations. Samples are held indefinitely, regardless of whether an individual is convicted of a crime. Carrying the profiles of around 3.5m people, including more than half a million children under 16, it is the world's largest law enforcement DNA database.
Featherstone called for an independent watchdog to monitor foreign access to the NDNAD. She said: "There are no real safeguards in place to control this huge database which leaves it open for misuse - and now we find out it's not only being misused in our country but also internationally."
In a statement, the Home Office said: "The increasing ease of travel and communication between EU member-states has also resulted in a higher risk of criminal activity crossing the borders of EU member-states.
"With the increase in the use of DNA technology to prevent and detect crime across the world, DNA profiles are exchanged more frequently between countries. This is essential to provide intelligence which will assist the investigation of increasingly trans-national crime."
The Home Office did not comment on who exactly it has shared DNA with, or if it makes similar personal data requests to countries itself.
Featherstone said the fact the DNA database was already being shared without public knowledge or proper checks in place does not bode well. She said: "This is a bad omen for the upcoming ID register, now the Government has made it clear that our personal data can be shared with foreign countries."
Related stories
[ Getting off the UK DNA database: ACPO explains how (26 April 2006)
[ Minister pledges no complete DNA database (30 March 2006)
[ Round up all the Fortescues! DNA crime scene surname matching (22 February 2006)
[ Thwart burglars with sticky DNA (21 February 2006)
[ Police store DNA records of 24,000 innocent kids (23 January 2006)
[ DNA pixie dust fails to solve all UK crime, shock horror (5 January 2006
[ UK commission rejects infant DNA profiling (1 April 2005)
[ Report warns of dangers of UK's DNA database (13 January 2005)
[ theregister.co.uk
10 June 2006
Sieben Schüsse in den Kopf eines Unschuldigen
London: Knapp ein Jahr nach dem Tod den Brasilianers Menezes wird das Ermittlungsverfahren eingestellt
Sieben aus unmittelbarer Nähe abgegebene Kopfschüsse töteten am 22. Juli 2005 den 27jährigen Brasilianer Jean Charles de Menezes. Die Kugeln kamen aus Polizeipistolen. Am Freitag, ein knappes Jahr danach, meldete die britische Tageszeitung Daily Mail, daß in der kommenden Woche das Verfahren gegen Menezes’ mutmaßliche Mörder eingestellt wird. Es gebe keine Möglichkeit, die in die »versehentliche Tötung« verwickelten Beamten zu überführen. Laut Angaben der Zeitung waren mindestens zehn Polizisten überprüft worden.
Eine staatlich inszenierte Farce mit tragischem Hintergrund geht damit ihrem vorhersehbaren Ende entgegen. Diese war von Versuchen amtlicherseits geprägt, die Umstände der Tat zu rechtfertigen, zu vertuschen, zu bagatellisieren oder - zu Beginn - gar dem Erschossenen die Schuld an seinem Tod zu geben. Es sollte auf alle Fälle verhindert werden, daß auch nur ein Staatsdiener die Folgen seines Handelns tragen muß. Dieses hätte, so die Überlegung, nicht nur Auswirkungen auf die Moral der in den »Antiterrorkampf« Involvierten gehabt und deren Autorität beschädigt, sondern auch den derzeit großen Spielraum für Willkür- oder Affekthandlungen zum Thema gemacht.
Scotland Yard griff tief in Trickkiste. Er baute dabei insbesondere auch auf den Corpsgeist des Polizei-apparats. Vor dem Hintergrund der Londoner Anschläge auf U-Bahn und einen Bus am 21. Juli 2005 wurde von der zentralen Polizeibehörde zunächst behauptet, Terrorfahnder hätten auf Menezes geschossen, weil dieser ihre Anweisungen nicht befolgt habe - eine Darstellung, die sich nicht halten ließ. Noch am Tag der Tat berichteten Augenzeugen, daß die Polizisten den Mann durch den U-Bahnhof Stockwell im Süden Londons verfolgt und schließlich aus nächster Nähe mit mehreren Kopfschüssen getötet hätten. Am 23. Juli 2005 gestand Scotland Yard ein, daß der Tote nichts mit den Attentaten zu tun hatte.
»Mein Cousin ist kaltblütig ermordet worden«, sagte damals Alex Alves Pereira, der mit Menezes in der britischen Hauptstadt in einer Wohnung gelebt hatte. Indes wurden Ungereimtheiten in der polizeilichen Darstellung der Erschießung bekannt. So hatte eine Abteilung der Polizei zunächst schriftlich vermerkt, die Einsatzkräfte vor Ort seien informiert worden, daß es sich bei dem betreffenden Mann um den »Terrorverdächtigen« Hussein Osman handele. Später war dieses Protokoll abgeändert worden. Dieser Vorgang wurde schließlich von der Staatsanwaltschaft als »Irreführung der Justiz« bewertet, allerdings ohne Konsequenzen: Die Vorwürfe, daß die Offiziere der für die Todesschüsse verantwortlichen Spezialeinheit versucht hätten, die ihnen unterstellten Schützen von jeglichem Vorwurf eines Fehlverhaltens reinzuwaschen, wurden nicht weiter verfolgt.
Fazit: Ein Unschuldiger wurde am 22. Juli 2005 von der Polizei erschossen. Die Täter werden nicht zur Rechenschaft gezogen. Die sieben Kopfschüsse gelten als »versehentliche Tötung« im Rahmen der »Terro-ristenhysterie« und besitzen ab sofort Vorbildcharakter.
[ jungewelt.de
25 May 2006
Blair will Menschenrechtsgesetz aufheben
Der Angriff der Blair-Regierung auf Bürgerrechte hat diese Woche einen neuen Hohepunkt erreicht. Die Regierung hat angekündigt, sie werde eine Reihe bestehender Gesetze, wie das Menschenrechtsgesetz von 1998, aufheben. Sie reagierte damit auf ein Urteil des Obersten Gerichts vom Anfang des Monats, das die Regierung des "Machtmissbrauchs" und der Unterhöhlung der Gesetzlichkeit schuldig sprach.
Der Spruch des High Courts bezog sich auf den Fall von neun Afghanen, die im Februar 2000 den verzweifelten Versuch unternommen hatten, dem Taliban-Regime zu entkommen, indem sie auf einem Inlandflug eine Boing 727 kaperten und die Crew zwangen, zum Flughafen Stanstead bei London zu fliegen.
Bei Entführung beträgt die Gefängnisstrafe bis zu neun Jahren, und in Großbritannien verurteilte Ausländer werden nach Verbüßung ihrer Strafe normalerweise in ihr Heimatland ausgewiesen. Andrerseits ist die Regierung aber nach internationalen Gesetzen verpflichtet, einen Asylantrag zu behandeln.
[ Blair will Menschenrechtsgesetz aufheben / full article
Blair pledges to override Human Rights Act
The Blair government’s ongoing offensive against civil liberties escalated this week with the declaration that it wants to override a range of existing laws such as the 1998 Human Rights Act. This followed a High Court ruling earlier this month that the government was guilty of an “abuse of power” in its efforts to subvert the rule of law.
The High Court ruling related to the case of nine Afghans who, in a desperate attempt to flee the Taliban regime in Afghanistan in February 2000, hijacked a Boeing 727 during an internal flight from Kabul and forced it to fly to Stansted airport, London, with passengers and crew on board.
Foreign nationals convicted of crimes in Britain would normally be deported at the end of their jail term, which for hijacking could be anything up to nine years. But under international law the government is also obliged to consider an asylum claim.
[ Blair pledges to override Human Rights Act / full article
21 May 2006
BRITISCHES VORSTRAFENAMT
Unschuldige als kriminell eingestuft
Das britische Vorstrafenregister CRB überprüft Bewerber für Schul- und Kindergartenjobs auf eine makellose Vergangenheit. Jetzt schoss die Behörde über das Ziel hinaus: Fast 1500 Unschuldige wurden als gefährlich abgestempelt.
London/Hamburg - Zu Störungen kam es schon 2002: Damals war das britische Criminal Records Bureau (CRB) gegründet worden. Nachdem ein Hausmeister in Verdacht stand, zwei zehnjährige Schulmädchen ermordet zu haben, begann die Privatfirma im Auftrag des Innenministeriums ein neues Vorstrafenregister anzulegen, das alle Personen erfassen sollte, die zur Arbeit mit Kindern oder gefährdeten Erwachsenen nicht geeignet sind.
Binnen kürzester Zeit liefen beim CRB 60.000 unbeantwortete Anfragen auf; und 7000 Lehrer blieben damals bei Schulbeginn ohne Lehrerlaubnis.Liegt es an der enormen Datenfülle, dass dem Vorstrafenamt nun eklatante Fehler unterlaufen sind? Rund 1500 Menschen wurden fälschlicherweise als kriminell eingestuft, meldet die BBC heute. Der Zeitung "The Mail on Sunday" zufolge sollen deshalb zahlreiche Anwärter auf einen Posten abgelehnt worden sein.
Beim CRB bedauert man die Fehler, betont aber, es handele sich nur um einen winzigen Anteil der insgesamt überprüften Fälle. Man werde sich letztlich nicht für die eigene Vorsicht entschuldigen. Der Erfolg des Dienstes spreche außerdem für sich: Die Zufriedenheit der Kunden sei zurzeit größer denn je.Die falsche Klassifizierung käme zustande, wenn Polizeicomputer-Daten von bereits verurteilten Personen denen Unschuldiger ähnlich seien oder sogar entsprächen. Ein Sprecher des Innenministeriums betonte: "Die Fälle sind sehr zu bedauern, aber sie stellen eine verschwindenden Anteil dar." 0,03 Prozent der insgesamt neun Millionen Enthüllungen, die der CRB bislang vorweisen kann, sprächen für sich.
[ spiegel.de
4 May 2006
gegen 574 der 1. 023 entlassenen männern ( siehe nachricht vom 25. april 2006) wurden abschiebeverfahren eingeleitet.
Search goes on for freed convicts
The hunt is continuing for hundreds of foreign criminals who were released from prison without being considered for deportation.
Home Secretary Charles Clarke told MPs that at about half of the 79 most dangerous offenders remain at large.
But, he added, the law would be toughened to introduce the principle that foreign nationals who commit a crime, should 'expect to be deported'.
Deportation proceedings have begun on 574 of the 1,023 released men, he said.
At least half of all the prisoners were untraced, Mr Clarke told the House of Commons.
Earlier, in a heated question time exchange Tony Blair told the House that the freeing of the men was the result of "decades" of failings. But Tory leader David Cameron called that explanation "pathetic".
And Lib Dem leader Sir Menzies Campbell said what was needed was "less legislation, better government and a new home secretary".
Mr Cameron told the prime minister that Mr Clarke would "forever be associated with the scandal of releasing prisoners on to the streets".
"While you keep him in office, your claim to be tough on crime will be completely hollow," he said.
"Aren't people now paying the price for the arrogant attachment to office of a leader who has completely lost control?"
Mr Blair said the deportation system for foreign prisoners had not functioned properly for "decades".
"It is completely wrong to say that this problem was created or began under this home secretary," he said.
But Mr Cameron replied: "People listening to that answer will frankly think it's pathetic.
"The fact is, 1,000 people were released from prison and their deportation wasn't even considered."
Mr Clarke said the issues were "complex and difficult" and said it had been "an unedifying episode" for all those working in the Home Office.
Foreign nationals would be identified at the point of arrest and as cases proceeded through the courts. The issue of deportation would also be raised throughout the sentencing process.
"Ideally, prisoners should serve their sentence in full in their home country."
He said the plans were "controversial", but he hoped he could rely on the "full-hearted support" of the main opposition parties.
Marsha Singh, Labour MP for Bradford West, said the home secretary "was in a pickle" and he called for change at the top of government.
Shami Chakrabarti, director of human rights group Liberty, argued that new legislation was unnecessary.
"It is part of the essence of immigration control that home secretaries have enjoyed the broadest of discretions to deport people who are non-conducive to the public good," she told Today.
[ bbc.co.uk
25 April 2006
laut dem innenministerium wurden vom februar 1999 bis märz 2006 1023 gefangene entlassen statt abgeschoben. dafür hat sich der innenminister nun öffentlich entschuldigt.die zahl der gefangenen in england und wales die nicht in uk geboren wurden stieg von 4.300 im jahr 1996 auf über 10.000 menschen im februar 2006.
1,000 foreign prisoners escape deportation after release
More than 1,000 foreign prisoners who should have been considered for deportation at the end of their sentences were freed with no action being taken, Home Secretary Charles Clarke admitted today.
The offenders included three murderers and nine rapists, Home Office figures showed.
Mr Clarke apologised for the failure and conceded that some of the public would be angered by the oversight.
Mr Clarke said: "To the best of my knowledge between February 1999 and March 2006, 1,023 foreign national criminals who should have been considered for deportation or removal completed their prison sentences and were released without any consideration of deportation or removal action."
Among the total, five had been convicted of committing sex offences on children.
Seven had served time for other sex offences, 57 for violent offences and two for manslaughter.
There were also 41 burglars, 20 drug importers, 54 convicted of assault and 27 of indecent assault.
The Home Office admitted that it did not know the full details of the offences committed by more than 100 of the prisoners.
Asked if he believed all of the 1,023 prisoners would be recaptured for possible deportation, Mr Clarke said: "There are a large number of people involved. I can't say hand on heart that we will identify where each one of those is, but we are working on that very energetically."
So far, the Immigration and Nationality Directorate (IND) has tracked down 107 of the total, leading to 20 deportations.
The situation only came to light after the Commons all-party Public Accounts Committee asked questions about released foreign prisoners in a hearing last October.
Mr Clarke said: "We take it extremely, extremely seriously in every respect.
"The concern, possibly anger, that people will feel, I think, is entirely understandable.
"But I think it's better to acknowledge and admit it, and deal with it in that way."
The error took place because the Prison Service was not focused on the nationality of its prisoners while the IND was preoccupied with other matters, he explained. At the same time, the number of prisoners in England and Wales who were born overseas was increasing rapidly from 4,300 in 1996 to more than 10,000 at the end of February this year, he added.
"We simply didn't make the proper arrangements for identifying and considering removal in line with the growth of numbers that were there," said the Home Secretary.
"That is a failure of the Home Office and its agencies for which I take responsibility."
In 160 of the cases, the courts had made a recommendation that the criminals should be kicked out of Britain at the end of their sentences, it was revealed.
ND director general Lin Homer said of the 160 they had identified 14, of whom five had been deported and nine considered inappropriate for removal.
Mr Clarke insisted he did not want to apportion blame between different parts of the Home Office for the error.
"I'm not going down the blame game here," he said.
"Both the Prison Service and the IND failed to carry out their responsibilities in the way they ought to have done.
"They have both taken steps to lead me to be confident that it is now being done properly.
"It is a failure and it is not acceptable and that's what we're putting straight."
There was no data available on whether any of the 1,023 committed more crimes in Britain since they were released, the Home Secretary said.
Of the 1,023, 288 were released between last August and the end of last month, Mr Clarke said.
A Home Office breakdown showed 237 of the foreign criminals were failed asylum seekers and 54 were still having asylum applications considered.
Only 151 were serving a sentence of less than a year.
In all, 13 were serving sentences over 10 years, nine were serving sentences over nine years and seven were serving more than eight years.
Mr Clarke said: "We are working extremely hard and energetically to understand exactly what has happened to these 1,023 people.
"People who have committed serious offences should be deported to the country from which they come."
The Home Office confirmed that thousands of foreign national prisoners were deported in the last two years.
In a letter to PAC chairman Edward Leigh, Mr Clarke said: "During 2004 and 2005 we considered approximately 5,500 of foreign national prisoners on release and deported approximately 3,000."
Assistant general secretary of probation union Napo Harry Fletcher said the chances of tracking down large numbers of the released prisoners was "remote".
He said: "The best opportunity would be if they are re-arrested for other offences and checks are carried out on the Police National Computer.
"The chances of finding significant numbers is fairly remote."
He added: "The Home Office is facing crisis - the budget is frozen for the next three years.
"What this shows is the urgent need for investment in multi-agency liaison so that agencies can talk to each other."
[ independent.co.uk
21 April 2006
Profilerstellung inklusive
Großbritanniens neue Ausweise
In Deutschland ist die Debatte um einen Zugriff der Wirtschaft auf die im eAusweis gespeicherten Daten neu entfacht worden. Ein Blick nach Großbritannien zeigt, wie die Zukunft des "staatlichen Identitätsmanagement" aussehen könnte.
Seit die Gesellschaft für Informatik (1) noch einmal die Überlegung (2) kritisierte, die auf den neuen eAusweisen gespeicherten Daten auch der Wirtschaft zugänglich zu machen, ist die Debatte um diese Daten und ihre Verwendung neu angefacht worden.
Wurde im Februar diesen Jahres noch seitens des Bundesinnenministeriums die Idee lediglich als "Denkmodell" dargestellt ( Stille Post im digitalen Dorf (3)), so gibt es nun aber präzisere Erläuterungen für das, was tatsächlich überlegt wird. So sollen die Daten nicht der Wirtschaft zugänglich gemacht werden, sondern die Firmen, welche von den neuen eAusweisen profitieren, sollen dementsprechend auch an den Kosten beteiligt werden. Da angedacht ist, die eAusweise soweit zu modifizieren, dass sie auch für die Online-Authentifizierung genutzt werden können, könnten beispielsweise Banken auf das bisherige PIN- und TAN-Verfahren verzichten.[...]
[ Profilerstellung inklusive
17 April 2006
gefangenen wurde es trotz des letzten monat eingeführtem rauchverbot gestattet zu rauchen. dies allerdingd führt nun zu einer steigenden unruhe / sorge bei vollzugsbeamten von denen viele glauben das sie ihre gesundheit ruinieren wenn sie zellen von rauchenden gefangenen betreten.
sie fordern jetzt eine rücknahme der verfügung.
Warders seek ban on prisoners smoking
Scottish smoking ban issues reach prison
Warders voice health concerns over entering smoky cells
Legal actions could result
MINISTERS are being pressed to ban prisoners from smoking in their cells after it emerged that warders were rebelling over the issue.
Prisoners were given one of the only exemptions to the smoking ban, introduced in Scotland last month. But this has led to increasing disquiet among prison officers, many of whom believe they are damaging their health by entering the cells of prisoners who smoke.
The Scottish Executive says smoking is allowed in prisoners' cells because it is considered "domestic space".
But experts believe it will not be long before a legal case is launched to compel the Executive to change the law. Ministers are also aware they could also face potentially more damaging legal actions from non-smokers forced to share cells with smokers.
Officers worried about their exposure to second-hand smoke in prisoners' cells
have been advised to ask inmates to stub out their cigarettes, and then to wait two or three minutes before entering a cell.
But concern is so great that union leaders at Shotts Prison have advised officers to mark each visit to a smoky cell in the accident book and union leaders have asked for tests to be carried out to discover how long toxins stay in the atmosphere after a cigarette is extinguished.
Derek Turner, the assistant secretary of the Prison Officers' Association in Scotland, said:"They are right to be concerned."
A Scottish Prison Service spokesman said: "We will do what we can to address the concerns of prison staff."
[ scotsman.com
13 April 2006
die anwälte eines hackers, der beschuldigt wird in den computern von pentagon, armee, marine und nasa einen schaden von etwa 350 000 £ verursacht zu haben, befürchten das ihr klient im falle einer auslieferung, trotz zusagen der usa, nach militärrecht verurteilt und nach guantanamo gebracht wird.
Alleged hacker may face jail in Guantánamo Bay
Gary McKinnon, 40, an alleged computer hacker accused of accessing Pentagon, army, navy and Nasa computers, causing £350,000 of damage, could face detention in Guantánamo Bay.
Defence lawyers told Bow Street magistrates yesterday that the safety of Mr McKinnon, known online as Solo, was at risk despite assurances from a US government representative that a diplomatic note guaranteed his safety.
Previously, a UK judge had asked for guarantees that Mr McKinnon, who is fighting extradition to the US, would not be tried under a US military order that could send him to the jail in Cuba.
[ technology.guardian.co.uk
6 April 2006
zitat:
"zwei großmütter aus yorkshire müssen, nachdem sie die ersten menschen sind die nach der neuesten anti-terror-gesetzgebung der regierung verhaftet wurden, mit haft bis zu einem jahr rechnen. [...]
helen john, 68, und sylvia boyes, 62 , beide veteraninnen der kommunalen proteste in greenham vor 25 jahren, wurden am Samstag verhaftet. sie hatten sich absichtlich verhaften lassen, um auf eine änderung in dem gesetz aufmerksam zu machen, von der bürgerrechtsgruppen sagen es wird die meinungsfreiheit und das recht auf friedliche demonstrationen aushöhlen.[...]
?mrs. boyes, die 1999 von einem manchester gericht wegen sachbeschädigung an einem britischen atom u- boot freigesprochen wurde, sagte : ich bin bereit das gesetz zu brechen und bin darauf vorbereitet angeklagt und inhaftiert zu werden. die regierung denkt sie kann tun was sie will und das eine passive öffentlichkeit akzeptiert was immer sie macht. ich finde das sehr besorgniserregend.[...]"
unter dem serious organised crime and police act können menschen die vor einem der 10 britischen militärstützpunkte demonstrieren und / oder versuchen auf das gelände zu kommen, als potentielle terroristen zu haft bis zu einem jahr und einer geldstrafe von £5,000 ( etwa 7.230 euro) verurteilt werden. nachträglich wurden noch die drei nuklearanlagen in die anlage eingebracht und es wird erwartet das in nächster zeit auch nichtmilitärische gebäude wie z.b. die paläste der königin und regierungsgebäude unter das gesetz fallen.
Helen and Sylvia, the new face of terrorism
Two grandmothers from Yorkshire face up to a year in prison after becoming the first people to be arrested under the Government's latest anti-terror legislation.
Helen John, 68, and Sylvia Boyes, 62, both veterans of the Greenham Common protests 25 years ago, were arrested on Saturday after deliberately setting out to highlight a change in the law which civil liberties groups say will criminalise free speech and further undermine the right to peaceful demonstration.
Under the little-noticed legislation, which came into effect last week, protesters who breach any one of 10 military bases across Britain will be treated as potential terrorists and face up to a year in jail or £5,000 fine. The protests are curtailed under the Home Secretary's Serious Organised Crime and Police Act.
Campaigners expressed their outrage yesterday at Charles Clarke's new law, which they say is yet another draconian attempt to crack down on legitimate protest under the guise of the war on terror. In October last year a protester in Whitehall was convicted for merely reading out the names of British soldiers killed in Iraq. And at the Labour Party conference in September the Government suffered severe embarrassment when Walter Wolfgang, a veteran peace activist who survived the Nazis, was detained for heckling Jack Straw.
Mrs John and Mrs Boyes, who have 10 grandchildren between them, were held by Ministry of Defence police after walking 15ft across the sentry line at the United States military base at Menwith Hill in North Yorkshire. They were held for 12 hours before being released on police bail. They will learn whether they are to face prosecution when they return to Harrogate police station on 15 April.
"We thought this was a really important issue and we just had to challenge it," said Mrs John, who was nominated for a Nobel Peace Prize last year. Mrs Boyes, who was cleared by a jury at Manchester Crown Court in 1999 of causing criminal damage to a British nuclear submarine, said: " I am quite willing to break the law and prepared to be charged and to go to prison. The Government thinks it can do whatever it wants and that it has a passive public which accepts whatever it throws at it. I find it very worrying."
The women, who have been arrested more than a dozen times between them, went equipped with a hammer and a small pair of bolt cutters as well as placards declaring their opposition to the new law. They had prepared statements denouncing United States military policy and expressing their support for the people of Diego Garcia and the Chagos Islands, who were evicted from their homes to make way for US military bases.
As well as Menwith Hill, the sites covered under the new law include Fylingdales, the early warning station on the North York Moors and the US air bases at Mildenhall and Lakenheath in East Anglia. From next week the powers will also cover three nuclear sites - Aldermaston in Berkshire, its research facility at neighbouring Burghfield and the Devonport naval base at Plymouth. The Government's decision suggests it is already preparing for the protests that would follow the expected decision to replace Trident with a new generation of nuclear weaponry.
Similar restrictions will be announced soon on selected non-military sites such as royal palaces and government buildings. The Ministry of Defence said the sites had been chosen because they had been the scene of regular protests. A spokeswoman said: "Persistent activity by protesters places them at risk of being mistaken for terrorists. It also unnecessarily diverts police resources ... People will still be allowed to protest outside sites. This legislation is about keeping police focused on the job they are paid to do."
Kate Hudson, who chairs the Campaign for Nuclear Disarmament, said: " The Government has a responsibility to safeguard its citizens - we would be the first to argue that. But there is a very fine line between protecting people and introducing legislation that is an infringement of civil liberties. In recent legislation the Government has got on the wrong side of that fine line."
Shami Chakrabarti, the director of Liberty, said: "When does a peaceful protester become a trespasser? In a free society, when does he become a criminal? In Britain in 2006, only one man - the Home Secretary - will now decide instead of Parliament and the court. Just when our politicians lament the demise of participatory democracy they increasingly criminalise both free speech and protest."
Mrs John described the new law as a "kick in the teeth for the Magna Carta" and said the need for opponents of the Government to take direct action was greater now than ever. "We have seen two million people standing in Hyde Park and Tony Blair had no compunction in ignoring them. Even though there are huge numbers of people who oppose what the Government is doing, the only effective protests have been where direct action is taken. We have to demonstrate at the bases where the killing capacity exists - we have to attack it at source. These are the eyes and ears of the US war fighting machine and they are on our soil."
Before Mr Clarke's announcement military police only had the power to escort protesters off the military sites and prosecute them for civil trespass.
Gagging orders
John Catt
AGE: 81
CRIME: Wearing an anti-Blair T-shirt in Brighton during the Labour conference.
WHAT HAPPENED: He was stopped under section 44 of the 2000 Terrorism Act as he walked towards the seafront for an anti-war demonstration outside the conference. His T-shirt accused Mr Blair and George Bush of war crimes. He was released after signing a form confirming he had been questioned. The police record said the purpose of the stop and search was "terrorism" and the official grounds for intervention were "carrying plackard + T-shirt with anti-Blair info" (sic).
Walter Wolfgang
AGE: 82
CRIME: Heckling Jack Straw, the Foreign Secretary, during his speech to the Labour Party conference.
WHAT HAPPENED: The veteran peace activist shouted "That's a lie" as Mr Straw justified keeping British troops in Iraq. He was manhandled by stewards out of his seat and ejected from the Brighton Centre. When he tried to re-enter he was briefly detained under Section 44 of the 2000 Terrorism Act. Amid the disastrous publicity, senior ministers, from Tony Blair down, apologised.
Maya Evans
AGE: 25
CRIME: Protesting over British casualties in Iraq.
WHAT HAPPENED: Standing on the Cenotaph in Whitehall, she read out a list of soldiers killed in Iraq. She was arrested under the Serious Organised Crime and Police Act 2005, which requires police permission to make a protest within one kilometre of Parliament. She was given a conditional discharge after being found guilty. Lord Falconer of Thoroton, the Lord Chancellor, later denied that the prosecution was an "undue infringement" of individual liberties.
Flt Lt Malcolm Kendall-Smith
AGE: 37
CRIME: Refusing to serve in Iraq.
WHAT HAPPENED: The RAF doctor served in Iraq twice, but refused to return for a third spell of duty last June. He argued that the military action was not justified as Iraq had not attacked the UK or one of its allies. He is being court-martialled, facing five charges of refusing to comply with an order. After a pre-trial hearing rejected his argument that the orders were unlawful, the court martial will open at Aldershot next week.
Brian Haw
AGE: 56
CRIME: Maintaining an anti-war vigil outside Parliament.
WHAT HAPPENED: Mr Haw has become a permanent fixture in Parliament Square since June 2001, when he erected a series of placards berating Tony Blair and President George Bush. The Serious Organised Crime and Police Act 2005, was designed mainly with his vigil in mind. But the High Court ruled that the legislation did not cover his protest as it could not be applied retrospectively. The Government is appealing against that decision.
[ independent.co.uk
5 April 2006
die chefinspektorin der knäste hat einen bericht über die bedingungen der menschen in den flüchtlingslagern in calais und heathrow veröffentlicht.
in calais sind die menschen in räumen untergebracht die von den wärtern als hundehütten bezeichnet werden. die knäste in frankreich werden von securicor geleitet, unterstehen den britischen behörden.
angeblich sind die 5 knäste die in uk besucht wurden nicht so schlimm, allerdings würde mit den menschen umgegangen werden als seien sie gepäckstücke.
Immigrant detainees treated "like parcels"
LONDON (Reuters) - Would-be immigrants to Britain are being treated "like parcels" at detention centres in Calais and at Heathrow, the chief inspector of prisons said in a report published on Wednesday.
Conditions on the French side of the channel were particularly bad. At the Coquelles freight terminal in Calais, detainees were housed in "wholly inadequate" rooms which staff nicknamed "the dog kennels".
"There was little for detainees to do, no hot food (and) poor hygiene provision," HM Inspectorate of Prisons said in a statement.
There was also a lot of confusion in the Calais centres about whether French or English law applied, the report said.
"Staff did not know whether they had the power to use force to stop attempts at suicide or self-harm, intervene in fights or prevent escape," it found.
The report was based on unannounced inspections of three centres in and around Calais last August and five centres at Heathrow last October.
The centres on the French side are run by private firm Securicor on behalf of the British government. They house detainees caught while trying to get into Britain via its ports or through the Channel Tunnel.
SERIOUS CONCERNS
"These centres operate outside the public gaze," Chief Inspector of Prisons Anne Owers said. "Our reports raise serious concerns about safety and decency."
Conditions at the five Heathrow centres were better, and the report commended the staff employed there, but it said the system they were working in was uncaring.
"Some of those we observed in detention had been dealt with as though they were parcels, not people," it said. "Decision makers appeared to be focussed on cases, files and targets, rather than people.
"This is neither humane nor, in the end, efficient."
The government said it welcomed the report and emphasised the centres were intended to hold people only very briefly -- "usually for no more than a few hours".
Immigration welfare groups condemned what they described as a dehumanising immigration system.
"These reports are deeply worrying," said Maeve Sherlock, head of the Refugee Council. "Asylum seekers are being treated as packages to be processed and removed rather than as very vulnerable human beings."
Detention centres in France made headline news in Britain in 2001 when it emerged hundreds of immigrants were using them as bases for nightly attempts to get into Britain illegally.
British protests resulted in the closure of the Red Cross-run Sangatte refugee camp in December 2002.
Since then, the number of illegal immigrants trying to come to Britain is believed to have fallen, although there are no reliable figures, and it has become less of a political issue.
[ reuters.co.uk
Immigration centres 'like dog kennels'
Holding cells used by British officials at a French freight terminal were so basic that staff nicknamed them "the dog kennels", watchdogs revealed today.
The Chief Inspector of Prisons, Anne Owers, criticised conditions at three immigration detention centres near Calais.
She warned that staff seemed confused about their own powers - and were even unsure whether they could stop a detainee trying to escape.
The centres - at Calais Seaport and the freight and tourist terminals at Coquelles - were set up on French soil, under an international treaty to hold detainees seeking entry to the UK.
Ms Owers said: "Accommodation at Coquelles freight terminal was disrespectful and wholly inadequate, and hygiene arrangements were insufficient to cope with detainees who might have travelled in the backs of lorries in unsanitary conditions."
She added that it was described by staff as the "dog kennels".
The six 13ft by 10ft cells at Coquelles freight terminal featured hole-in-the-ground toilets. On busy days, one cell could be used to hold six people. Furnishing, ventilation and heating were all inadequate, the report adds.
Records suggested average detention time was seven and a half hours, with the maximum nearly 12.
Ms Owers said holding rooms in the privately-run facility at Calais had no proper light and ventilation, no blankets and no soap for washing. They were "completely inadequate" to hold people, particularly women and children, and people were being held for "many hours".
She said on the the BBC Radio 4 Today programme that her report also found that staff were unsure whether English or French law applied and this raised issues about staff and detainee safety. She said: "It meant that staff didn't know whether they could intervene to stop fights to prevent escapes to prevent suicide or self-harm."
Staff did not know about health and safety or child protection laws.
Ms Owers added: "In practice, people are held for many hours, up to 11 hours, or up to 36 hours they can be held in the Heathrow facility. These are not conditions in which you should be holding people at all."
The chief inspector made 49 recommendations for improvement, including one that an independent monitoring board - formerly known as prison visitors - should have regular access.
Figures for May to July last year showed 661 detainees had been through Calais Seaport detention centre, 11 of whom were children.
Average period of detention was four hours, although the longest was 17. In all, 17% were given permission to enter Britain.
At the third centre at Coquelles tourist terminal, average detention time was three hours but the maximum recorded was nearly 16 hours.
None of the facilities - run by private firm Group 4 Securicor - could appropriately separate men, women and children.
The chief inspector also published a report on detention facilities at Heathrow airport, including the Queen's Building, which handles the greatest number of forced removals from the UK.
People could be detained there for up to 36 hours.
She commended the staff's approach to welfare of detainees but criticised the system generally as inhumane.
Ms Owers said: "There was little evidence of individual care within the immigration removal system itself.
"Some of those we observed in detention had been dealt with as though they were parcels, not people, and parcels whose contents and destination were sometimes incorrect.
"Immigration decision-makers appeared to be focused on cases, files and targets, rather than people.
"This is neither humane nor, in the end, efficient."
She added: "The process could and should be better managed in dignity and safety."
Home Office minister Tony McNulty said: "The power to detain is an essential part of protecting the integrity of, and public confidence in, our immigration controls and we take the welfare of detainees extremely seriously and as such we recognise that there may be a need to put in place a system of independent monitoring of these short-term detention facilities.
"It is important to emphasise that these facilities are non-residential holding rooms and are intended to hold people very briefly - usually for no more than a few hours.
"It will always be the case that we aim to keep the time an individual spends in these facilities to a minimum, but with arrivals at ports operating 24 hours a day, there is a clear need to use holding rooms during the night."
He added: "It is not possible to comment in detail at this stage on each of the recommendations contained in these reports."When we have had the opportunity to consider the reports in full, we will draw up action plans dealing with each individual recommendation."
Refugee Council chief executive Maeve Sherlock said: "These reports are deeply worrying.
"Asylum seekers are being treated as packages to be processed and removed rather than as very vulnerable human beings.
"There really should be higher standards of care and compassion in these holding centres.
"A particular concern is that children are being detained in places which are totally unsuitable."
The chief inspector's report revealed that one third of detainees brought to the Queen's Building to be removed from the UK were not in fact deported for various reasons.
Inspectors examined 1,591 cases over 33 days in September and October last year.
In 2.6% of cases the immigration offenders arrived too late for removal or there was no staff or vehicle to take them.
In 6% of cases there were problems such as having a ticket with the wrong name or destination, no passport or no ticket at all.
Shadow immigration minister Damian Green said: "This is yet another report which exposes the chaos in Britain's immigration system.
"This government has an appalling record on removing failed migrants.
"We now discover it cannot even remove people it actually has in detention at Heathrow.
"Until ministers get a grip on the basic administration of the immigration system no one will have any confidence that our borders are properly controlled."
The chief inspector's report revealed that one third of detainees brought to the Queen's Building to be removed from the UK were not in fact deported for various reasons.
Inspectors examined 1,591 cases over 33 days in September and October last year.
In 2.6% of cases the immigration offenders arrived too late for removal or there was no staff or vehicle to take them.
In 6% of cases there were problems such as having a ticket with the wrong name or destination, no passport or no ticket at all.
Shadow immigration minister Damian Green said: "This is yet another report which exposes the chaos in Britain's immigration system.
"This Government has an appalling record on removing failed migrants.
"We now discover it cannot even remove people it actually has in detention at Heathrow.
"Until ministers get a grip on the basic administration of the immigration system no one will have any confidence that our borders are properly controlled."
[ independent.co.uk
5 April 2006
gefangene und urlauberinnen sind von dem rauchverbot in jersey ausgenommen.
Prisoners and tourists escape ban
Prisoners, people who stay in hostels and some holidaymakers will be able to smoke in public places despite the ban due to start in Jersey.
Smoking in enclosed public places will be banned in Jersey from next year with fines for those who flout the law.
The Health Minister Senator Stuart Syvret says various places where people stay, such as some hotel rooms, hostels and the local prison will be exempt.
Jersey is using Ireland, where there is already a ban in force, as a model.
The penalties for some of Jersey's anti-smoking laws went up this year.
The fine for smoking on public transport or for selling tobacco to anyone under 18 went up from £200 to a maximum of £2,000.
[ news.bbc.co.uk
[ inside: prisons in the uk
30 March 2006
1 % bis 14% der anzeigen wegen vergewaltigung enden in einem schuldurteil.
verurteilungen in vergewaltigungsfälle fielen von 33% 1977 auf 5.29% 2004.
geschätzt wird das höchstens 15% der vergewaltigungen angezeigt werden.
Postcode lottery in rape convictions
· 1% to 14% of complaints end in guilty verdict
· Ministers aim to reverse declining trend
The number of rapes reported to police that end in a conviction depends on a "postcode lottery" which sees convictions fluctuating between 1% and 14% depending on where you live.
The Home Office figures for 2004 were released yesterday as ministers put forward a package of reforms aimed at boosting the plummeting conviction rate for rape, now at an all-time low of 5.29% of crimes reported in England and Wales.
The figures show that just 0.86% of rapes reported to police in Gloucestershire end in a conviction, compared with 13.8% in Northamptonshire.
As part of the reforms, videotaped interviews by police with rape victims - possibly conducted within hours of the offence - will routinely be shown to juries in an attempt to secure more convictions. At present videotapes of interviews with child sex assault victims can be shown in court as a substitute for the child's evidence-in-chief - questioning by the prosecution counsel. But, while the law was changed in 1999 to allow the same treatment for adult rape victims, implementation has been held up by a shortage of resources for transcribing the tapes.
Ministers said they hoped to bring the measure into operation within 12 months.
The reforms would also allow expert witnesses such as psychologists to testify, to dispel myths about how "genuine" victims behave after rape. This would include explanations about why victims often delay reporting a rape, blame themselves and have incomplete or inconsistent memories of the event.
Another proposal is for new legislation to define when someone is capable of consenting to sex, to clarify when drunkenness makes a person incapable. This follows a case at Swansea crown court which was dropped by the prosecution midway through on the basis that "drunken consent is still consent".
Ministers argue that a decision on whether a woman is too drunk to be capable of consenting should be left to the jury.
Mike O'Brien, the solicitor general, said he hoped the reforms would help to reverse an "unacceptable" drop in conviction rates which now sees only one in every 20 rapes reported to police ending in a conviction. Rape conviction rates have dropped steadily from 33% of reported cases in 1977 to only 5.29% in 2004. The percentage of rapists brought to justice is much lower, because only about 15% of rapes are thought to come to the attention of the police.
Mr O'Brien said: "The key problem on conviction of rape cases is that the prosecution must prove its case beyond reasonable doubt. We do not intend to change that. What we can do is improve the way the prosecution get the best evidence before the jury."
The Fawcett Society's commission on women and the criminal justice system will launch a report today calling on the government to adopt an integrated strategy to tackle all forms of violence against women. It highlights the rape postcode lottery and unequal access around the country to rape crisis centres, sexual assault referral centres and specialist domestic violence courts.
[ guardian.co.uk
29 March 2006
seit dem 27. märz gibt es eine art britisches fbi. die soca ( serious organised crime agency) besteht aus 4.000 mitarbeiterinnen und soll vorrangig gegen drogen- und menschenschmuggelsyndikate eingesetzt werden.
New UK police force to tackle organised crime
A new nationwide police force which begins operations on Monday will be able to prevent international drug traffickers settling in the UK, the home secretary, Charles Clarke, predicted yesterday.
He expressed his confidence in the Serious Organised Crime Agency - dubbed Britain's FBI - after the Guardian disclosed that leading members of a notorious crime gang had settled in the home counties after striking a deal with Customs & Excise.
Members of the Baybasin gang, a Turkish Kurdish cartel which police believe controlled up to 90% of heroin imports into the UK, settled in Edgware, Middlesex, in the mid-1990s after their leader told Customs investigators what he knew about the involvement of senior Turkish politicians in the drug trade.
A number of MPs suggested yesterday that the Home Office should launch an inquiry into the affair. But Mr Clarke said: "Organised crime is a massive and growing business in the UK. It reaches into every neighbourhood, damages our communities, and nets £20bn to £40bn each year for those responsible.
"The Serious Organised Crime Agency [Soca] is a powerful new law enforcement organisation which will work across operational boundaries and will focus its resources on where the harms are the greatest. Drug trafficking will be its priority along with human trafficking, fraud and ID theft."
The 4,000-strong Soca is also tasked with taking an interventionist approach to major crime syndicates which would, if successful, lead to the imprisonment of leading figures for offences not necessarily related to their main activity. Al Capone's imprisonment for tax evasion in 1930s Chicago is the best known example of this approach. A Soca official said: "We are dealing with highly sophisticated people here with technical knowledge that moves with the times. We have to move with them."
[ guardian.co.uk
23 March 2006
staatsanwälte können nach einem im nächsten monat gültigem gesetz angeklagte, die gegen andere aussagen machen, eine schriftliche zusage einer niedrigeren strafe geben.
die regierung erhofft sich davon laut des Artikels , dass das abkommen im us-stil helfen wird kriminelle vereinigungen aufzubrechen , da es kriminelle mehr sicherheit geben wird als die informellen abkommen der vergangenheit.die deals sollen in erster linie von den staatsanwälten gemacht werden die mit der soca zusammenarbeiten.
Criminals who inform on bosses to be offered lighter sentences
· New formal system allows offenders a written deal
· US-style pacts aimed at cracking organised crime
Prosecutors will be allowed to make written deals for the first time offering criminals lighter sentences for "grassing" on their associates, under controversial measures which come into force next month.
Offenders will be guaranteed in writing that if they plead guilty and turn Queen's evidence, the sentencing judge will be told of their cooperation and they can expect a lower sentence.
The government hopes the US-style agreements will help to crack organised crime gangs by giving criminals more certainty than the informal deals offered in the past. Ministers hope the formal bargains, to be offered by prosecutors working with the new Serious and Organised Crime Agency (Soca), coupled with stronger witness protection measures, will encourage more criminals to cooperate with the crown.
The attorney general, Lord Goldsmith, said: "We want to make it worth criminals' while to turn in their accomplices, their bosses."
At present, only about 1% of drug trafficking cases in Britain involves turning Queen's evidence, while in the US criminals assist the prosecution in 26% of cases.
Currently police can informally indicate to a criminal that if he cooperates the judge will be told of his help and he can hope for a lighter sentence.
The measures are part of the Serious Organised Crime and Police Act 2005, which comes into force on April 3. Under the act, Soca, dubbed Britain's answer to the FBI, will take over the responsibilities of the National Criminal Intelligence Service and the National Crime Squad, together with organised crime investigations previously handled by the immigration service and Revenue and Customs.
Prosecutors will work alongside police detectives and specialist civilian investigators such as accountants, financial analysts and computer experts on crimes such as drug trafficking, people smuggling, terrorist fundraising and fraud.
Judges passing discounted sentences as a reward for help will be allowed to disregard minimum or mandatory sentences laid down by other legislation.
If criminals fail to live up to their part of the deal after receiving the lighter sentence, they can be brought back to court and a heavier sentence imposed.
"A written agreement will guarantee that the prosecutor will ask the court to give credit, give a discount, reduce the sentence because of the cooperation," said Lord Goldsmith. "For the first time that will be enforceable in this sense: that if the person promises to cooperate and the court sentences on that basis and they don't cooperate, you can go back to court and get the sentence reviewed."
Criminals who decide to cooperate after receiving the normal sentence can also be brought back before a judge to ask for a lesser sentence to be substituted.
The act will also allow prosecutors to serve a written notice on a criminal either giving immunity from prosecution altogether, if the criminal complies with certain conditions, or undertaking not to use particular evidence against the criminal.
Lawyers fear the new provisions could lead to more miscarriages of justice, with criminals trimming their evidence to get a better deal. Those offered deals would have an incentive to please the prosecution by trying to ensure the "Mr Bigs" are convicted. "They will be offloading some of the blame that they should be properly shouldering themselves," said a criminal defence barrister, Owen Davies QC. "I think it will skew the truth."
Some notorious wrongful convictions have resulted from deals with criminals who were promised a lenient sentence in return for testifying against others.
Vera Baird QC, a Labour MP and criminal defence barrister, said: "It is hugely risky, I think, and it needs to be done with a great deal of care. But it is in my opinion worth a try, especially if you couple it with very powerful witness protection measures which we've now got available. You do stand a reasonable chance of getting some relative sprat to catch a mackerel for you."
She added: "Juries are very suspicious of these things. What's got to be very clear is that Soca understand that they will still need evidence to buttress these people's testimony. They will have to go out and look for that."
The police officer or other investigator would probably ask at an early stage whether the suspect wanted to cooperate and it would go to the prosecutor for approval, Lord Goldsmith said. "The key to this is that if you want to get at the top criminals you have got to have effective ways of getting their accomplices, the people underneath them, to give evidence and to give help. Because they protect themselves, they keep their own hands away from getting dirty at the crimes, you need to turn people against them."
[ guardian.co.uk
14 March 2006
Asylbewerber an die elektronische Fessel
Großbritannien sucht nach Möglichkeiten, Asylbewerber abzuschrecken und besser zu kontrollieren, auch Kontrollanrufe mit Stimmerkennung sollen diesem Zweck dienen
Vor ein paar Jahren war es noch eine Überlegung im britischen Innenministerium, neben Straftätern auch Asylbewerber an die elektronische Leine zu legen. Seit 2003 hatte man, schließlich stehen hinter Sicherheits- und Überwachungstechnologien auch kommerzielle Interessen, mit Unternehmen darüber verhandelt und letztes Jahr wurden bereits die ersten 150 Asylbewerber - noch mehr oder weniger freiwillig - mit einem Sender ausgestattet.
Nun hat der für Einwanderung zuständige Minister Tony McNulty angekündigt, dass bald alle Asylbewerber, die nach Großbritannien kommen, angeleint werden sollen. Ausnahmen will man nur bei Menschen machen, die gefoltert wurden oder Opfer von Menschenhandel sind. Mit der elektronischen Fußfessel soll verhindert werden, dass Asylbewerber untertauchen, wenn ihr Antrag abgelehnt wird. Zudem sollen Menschen davon abgeschreckt werden, unbegründete Asylanträge zu stellen. Über Asylbewerber hinaus erlaubt das Einwanderungsgesetz auch, wie McNulty im Januar dem Parlament klar machte, andere Personengruppen mit einer elektronischen Fessel zu versehen: illegale Einwanderer, Personen, die unter Verletzung ihrer Aufenthaltsgenehmigung gearbeitet haben, die ihre Aufenthaltsgenehmigung überzogen haben oder die nicht ausreisen wollen. Eine vorherige Zustimmung sei auch nicht erforderlich.
Den Beginn machen die Einwanderungsbehörden in Croydon und Liverpool, die zunächst die Hälfte aller ankommenden Asylbewerber mit elektronischen Fesseln versehen werden. Ziel aber sei, so McNulty, alle, die sich auf freiem Fuß befinden und einen Asylantrag stellen oder Gelder erhalten, mit den Geräten zur Fernüberwachung auszustatten. [...]
[ Asylbewerber an die elektronische Fessel
9 March 2006
in einem bericht des britischen rechnungshofes über das essen und die sportliche betätigung in den knästen wird behauptet das das knastessen seit 1997 besser geworden sei.
gefangene würden nach ihren wünschen gefragt werden und die beschwerden über das essen seien weniger geworden.
in den 16 für den bericht besuchten knästen gäbe es mind. 4 verschiedene hauptmahlzeiten , darunter ein halal-gericht (nach moslemischen vorschriften ) und mind. eine "gesunde auswahl" wie zum. befüllte paprika mit salat.
knastköche seien angewiesen worden "veganerfreundlich" zu kochen.
das traditionell warme frühstück mit porridge ist in 60% der knäste in england und wales abgeschafft worden. stattdessen bekommen die menschen jetzt abends ein sog. "frühstückspaket".
angebl. würde hat dies mit den veränderten gewohnheiten in der bevölkerung zutun. in dem bericht wird als begründung angegeben daß die mit dem zubereiten und austeilen des frühstücks beschäftigten wärter anders eingesetzt werden können.
inhalt: ein kleiner becher müsli / cornflakes, 2 scheiben brot, gelee oder marmelade, margarine, teebeutel, löslicher kaffee und ein kleines paket milch.
das essen sei oft kalt, was an den langen wegen zwischen den küchen und den kantinen läge.
die zeit zwischen dem tee am nachmittag ( 16 uhr) und dem frühstück am nächsten tag sei mit oft mehr als 14 stunden zu lang.
das es trotzdem probleme mit einer "ausgewogenen ernährung" im knast gäbe sei wegen dem fehlenden bewußtsein der gefangenen. es sei schwer die zuhause hamburger und kuchen essenden menschen dazu zu bringen ihre angewohnheiten zu ändern.
allerdings seien die möglichkeiten einer guten ernährung eingeschränkt durch die zur verfügung stehenden gelder. für die drei mahlzeiten am tag seien durchschnittlich nur 1. 87 pfund vorgesehen.
Doing cornflakes - prison porridge gives way to 27p 'breakfast pack'
· 'Frugal' breakfast menu fails to impress inmates
· Convenience is ruling jail meal regimes, say auditors
It has been the staple diet of prisoners throughout history and is a byword for "doing time", but porridge is finally off the menu at many jails in England and Wales. Instead of being served a hot meal in the mornings most inmates are now getting a 27p "breakfast pack" the night before to eat in their cells next morning.
An investigation by the national audit office, the Whitehall spending watchdog, was told that the breakfast packs were introduced "because cooked breakfasts are no longer part of contemporary eating habits in the wider community".
But the auditors also report today that the packs were introduced so that some staff could be released from preparing and serving breakfast to concentrate on other duties, like supervising work.
It has not been a popular decision. The auditors say that generally the breakfast packs are disliked, not only by the prisoners at the jails where they are issued (at 60% of the total), but also by catering staff because of the "perceived frugal content and nutritional value".
Officially, the packs contain breakfast cereal, two slices of bread, jam or marmalade, margarine, tea bags, instant coffee and a small UHT milk cartoon. The inmates have to boil the water.
Meal gaps
One prisoner said in a focus group at Leeds prison: "You get the breakfast pack the night before which is a packet of cereal with one little cup ... it's about that big, it's not big enough."
The auditor's report on the diet and exercise of prisoners, entitled Serving Time and published today, opens by recalling a prison governor's words: "Food is one of the four things you must get right if you like having a roof on your prison."
Sir John Bourn, the auditor-general, says the quality, range and choice of meals inside jail have improved since 1997. Prisoners are now asked about their food preferences, and governors say food complaints have declined in recent years. All the kitchens in the 16 prisons visited by the auditors were found to offer at least four choices at each main meal-time, with Halal dishes and at least one "healthy eating option" such as rice and bean-stuffed peppers and salad.
Prison cooks are also told to be "vegan friendly", offering soya lasagne with a tomato instead of cheese sauce.
But the auditors say there are still problems; many prisoners have not been getting a balanced diet because they also load up with chips and white bread. Some inmates turn down other vegetables in favour of chips and shun wholemeal bread. It has been difficult to persuade inmates used to eating burgers and pies at home to change their habits, says the report. Food is offered up cold, partly because of the long distance between the kitchens and serving points, and there are long gaps between meals, with often more than 14 hours between tea at 4pm and breakfast the next day.
Budgets
But the ability of prison kitchens to do better is constrained by the budgets. Only £1.87 on average is spent on three meals each day for each prisoner. This compares with £2 to £2.20 a day to feed a serving soldier, and £2.50 daily spent on feeding people in hospital. Less is spent on meals for primary school children but the prison service says youngsters need less food than adults.
As one of the inmates at Leeds prison told the NAO inquiry: "Don't let people get confused because they see a 'menu' and you get a 'breakfast pack'; the breakfast pack is a cold meal, the evening meal is a cold meal, the only hot meal you're getting is [at] lunchtime - then you are waiting a full 24 hours before you receive another hot meal. So how do you explain that? I remember 20 years ago in prison ... you would get a lot more."
[ society.guardian.co.uk
8 March 2006
bericht einer untersuchung der chefinspektorin der knäste über die haftbedingungen moslemischer menschen im belmarsh knast .
905 menschen sind in belmarsh inhaftiert, davon sind 140 moslems.
unter diesen gäbe es generelle befürchtungen wegen dem als strafend empfundenen verhalten sowie dem fehlenden verständnis für ihr soziales und religiöses verhalten der weißen knastbediensteten.
?die chefinspektorin schreibt in ihrem bericht über die nicht angekündigte untersuchung in dem ostlondoner gefängnis im letzten oktober , daß die hälfte der gefangenen, besonders asiatische ,sich in dem gefängnis nicht sicher fühlen. ihr bericht erhebt auch bedenken über das einschüchternde verhalten einiger der jüngeren moslems, aber sie sagt dies hätte mehr mit gangkultur als mit religiöser
religionszugehörigkeit zutun.?
innerhalb des hochsicherheitstrakts gibt es noch einmal vier als "spurs" ( nebengleise) bezeichnete abteilungen. diese waren zur zeit der inspektion alle belegt. dort waren 18 sog. höchstrisikogefangene sowie 5 gefangene der besonders gefährdete gefangene inhaftiert.
ein spur ist die speziell gesicherte abteilung in der vier gefangene ,die wegen terroristischer delikte angeklagt sind,untergebracht sind, die zur zeit der inspektion von dem besuch der gebete ausgeschlossen waren.
in zwei weiteren sind sind hochsicherheits -gefangene der kategorie a untergebracht und im vierten sind 8 u-häftlinge die wegen delikten im zusammenhang mit den bomben in london inhaftiert sind.?
die chiefinspektorin findet die entscheidung diese 8 gefangene in der hochsicherheitsabteilung zu inhaftieren verständlich da es "glaubwürdige hinweise" darauf geben soll daß diese einschüchterungs-versuchen und drohungen durch andere gefangene ausgesetzt wären.
der neunte gefangene der wegen beteiligung an den londoner bombenanschlägen inhaftiert ist, ist in einer extra abgesicherten abteilung die notfall- plan-abteilung genannt wird und wurde speziell eingerichtet für diesen einen gefangenen der von den anderen getrennt werden muß. sie besteht aus seiner zelle, einem kleinen fitnessplatz und einem seperaten besuchszimmer. hofgang hat er allein in einem abgetrennten teil des gefängnisses.
Belmarsh inspection reveals harsh conditions of July bomb suspects
· Isolated prisoner's quality of life is cause for concern
· Four banned from Friday prayers over security fears
Wednesday March 8, 2006
One of the prisoners facing trial for the July bombings has been separated "for security reasons" from his co-defendants and put in a "prison within a prison within a prison" at the Belmarsh maximum security jail in London, the chief inspector of prisons discloses today.
Anne Owers says she is so concerned that the quality of life for the man, held in isolation with a dedicated staff and separate exercise area, is so poor that he should be moved to alternative accommodation. She says the prison is at full stretch dealing with demands of legal visits for inmates facing terror charges.
The chief inspector also discloses that four others charged with terrorist offences held in another special secure unit are allowed to associate only in pairs and were banned from attending Friday prayers to avoid contact with other prisoners.
The report of the inspection is the first disclosure of the conditions in which those facing trial for the London bombings are being held.
Ms Owers reports general concerns among the 140 Muslim prisoners held at Belmarsh that white staff were "punitive" towards them, and did not understand their social and religious behaviour.
The chief inspector says in her report on an unannounced inspection last October at the east London prison that half the prisoners felt unsafe at the jail, particularly Asian inmates. Her report also raises concerns about the intimidatory behaviour of some of the younger Muslim prisoners, but she says it has more to do with gang culture than religious affiliation.
The four "spurs" inside Belmarsh's high security unit were in full use at the time of the inspection, with 18 high risk inmates and five in the exceptional risk category. There are so many in the unit that its capacity to cope with legal visits is under strain.
One spur is the special secure unit holding four prisoners charged with terrorist offences who, at the time of the inspection, were banned from attending prayers with others. The chief inspector suggested they should be allowed to join communal prayers as soon as possible.
Two other spurs hold high risk, category A prisoners and the fourth spur holds eight prisoners awaiting trial for crimes linked to the London bombings.
The chief inspector says the decision to put these eight inmates in the high security unit was understandable as there was "credible intelligence" they would have faced intimidation and threats from other prisoners if they were held in the rest of the prison.
But the ninth prisoner being held in connection with the London bombings is being held in a special secure area that is locally known as the contingency planning unit and was set up specifically to manage that prisoner, who needed to be kept apart from the others. This comprises his cell, a small multi-gym recreational space and a separate visiting suite. He takes open air exercise in a separate part of the prison by himself.
"We are concerned that this unit provided a very poor quality of life for the one prisoner detained there," says the chief inspector. "If this degree of separation from co-defendants is required for what may be a protracted period awaiting trial, alternative arrangements should be found for him, at least until his trial is imminent."
Her report says there were 140 Muslim prisoners among the 905-strong Belmarsh population and they were part of "a complex ethnic and religious mix of prisoners", with a quarter foreign nationals and half black or from minority ethnic groups.
Phil Wheatley, director-general of the prison service, said the multi-faith chaplaincy team at Belmarsh had "excellent working relationships" with staff and managers which enabled them to meet the "diverse faiths and cultural needs of the prisoner". A spokeswoman added that the four facing terrorist charges had been allowed to take part in communal prayers since the inspection.
[ society.guardian.co.uk
7 March 2006
mit einer neuen "bewußtseins"-kampagne vom innenministeriums, inder männer darauf hingewiesen werden daß sie das einverständnis der frau zum sex haben müssen, soll die zahl der vergewaltigung sinken
5.6% der anzeigen wegen vergewaltigung führen zu urteilen.
untersuchungen würden zeigen das es bei polizisten und staatsanwälten eine ? kultur des zweifelns? gegenüber vergewltigungsopfer gibt.
Consent campaign aims to reduce rape
Men must ensure that a woman has consented to sex to avoid being accused of rape, a new Home Office campaign will warn.
The move comes amid concerns that an allegation of rape is less likely to lead to a conviction than ever before.
A Home Office spokeswoman said an awareness campaign would be launched next week in a bid to reduce the number of rapes by educating young men in particular about the need to gain consent for sex.
The campaign will include radio and magazine advertisements as well as posters in men's toilets in pubs and clubs.
The issue of consent was central to the Sexual Offences Act 2003, which stated that a person must agree to sex by choice and have the freedom and capacity to make a choice, the spokeswoman said.
"Giving consent is active, not passive, and it's up to everyone to make sure that their partner agrees to sexual activity," she said.
Just 5.6% of complaints lead to a rapist being punished, despite long-running government efforts to boost results.
Home Office research found that of 11,766 allegations of rape made in 2002, there were just 655 convictions - down 0.5% from the previous year.
In 258 cases the rapist pleaded guilty and the remainder were convictions at trial.
Researchers found that there was a "culture of scepticism" towards rape victims among police and prosecutors, which led victims to lose confidence in the judicial system.
Separate research last year found that one-third of people questioned believed a woman was to blame for being raped if she had behaved in a flirtatious manner.
More than 25% also believed a woman was at least partly responsible for being raped if she wore sexy or revealing clothing, or was drunk.
[ guardian.co.uk
24. February 2006
wie viele geheimdienste machte auch der MI6 in den 1950er jahren geheime experimente mit lsd.
in einer ausgerichtlichen vereinbarung hat sich der geheimdienst jetzt bereit erklärt, drei männer , die zwischen 1953 und 1954 beim militär waren und denen ohne ihre einwilligung heimlich lsd gegeben wurde, mit einer nicht genannten summe zu entschädigen.
MI6 pays out over secret LSD mind control tests
· 'Truth drug' trials men win out of court settlement
· Porton Down accused of duping volunteers in 50s
The Secret Intelligence Service, MI6, has paid thousands of pounds in compensation to servicemen who were fed LSD without their consent in clandestine mind-control experiments in the 1950s. MI6 has agreed an out-of-court settlement with the men, who said they were duped into taking part in the experiments and had waited years to learn the truth. The men experienced vivid hallucinogenic trips when given the drugs. One recalled seeing distorted "Salvador Dali-style faces and cracks in people's faces". MI6 is also paying the cost of the men's lawsuit, which alleged assault.
Don Webb, a former airman, said yesterday: "I feel vindicated; this has been a classic cover-up for years. They took a liberty." The LSD experiments were conducted in 1953 and 1954 by scientists working for MI6 who were trying to discover a "truth drug" to compel prisoners to confess.
MI6, then led by Sir John Sinclair, was worried that the Russians had a secret drug to brainwash cold war enemies. The service had seen captured American servicemen confessing to "crimes" during the Korean war and calling for a US surrender. A Hungarian dissident had admitted to crimes he did not commit.
MI6's counterparts at the CIA also did LSD experiments on men without their knowledge to try to control their minds. Both agencies finally concluded that LSD could not be used to manipulate people.
One scientist involved in the trials wrote that the experiments were "stopped ... when it was reported that in a few people it might produce suicidal tendencies". The trials were described as "tentative and inadequately controlled" in one official document.
The amount of compensation paid to three servicemen in the lawsuit is not being disclosed by MI6 or the men; Alan Care, the men's lawyer, called it modest.
One man did not wish to be named. But Mr Webb and a former Royal Navy radio operator, Eric Gow, were 19 when they volunteered to take part in what they believed was research to find a cure for colds. They were sent to the chemical warfare research establishment at Porton Down, Wiltshire. Both said they were not told beforehand that they were going to be tested with LSD. At the time, the effects of LSD, only discovered in 1943, were unknown to the general public.
Mr Webb said scientists gave him LSD at least twice in a week. He remembers a nightmarish experience when he hallucinated for a long time. He saw "walls melting, cracks appearing in people's faces ... eyes would run down cheeks, Salvador Dali-type faces ... a flower would turn into a slug".
He said he had first made inquiries about the experiments in the 1960s but was "blanked by the government, which quoted the Official Secrets Act". He said he experienced flashbacks for 10 years after the experiments.
Mr Gow said the scientists acted in an "irresponsible and sloppy" way and had not properly monitored him. "They treated us just like guinea pigs. They did not know what was going to happen."
One morning, Mr Gow began to trip on LSD, seeing a radiator moving "like a squeezebox". He was still hallucinating when later he went dancing with his wellingtons on. Yesterday, he said: "I am glad they have finally admitted it."
A Foreign Office spokeswoman, speaking for MI6, said last night: "Settlement offers were made to the government on behalf of the three claimants which, on legal advice ... the government thought it appropriate to accept."
[ guardian.co.uk
23 February 2006
in den schottischen knästen dürfen die gefangenen ab dem 26. märz nur noch in ihren zellen und im freien rauchen. die gewerkschaft der wärter befürchtet daß es zu riots kommt.
ein sprecher des scottich prison service sagte es würden nichtraucherberatungen und ersatzbehandlungen angeboten werden.
RIOT alert as prisoners face smoking ban
THE smoking ban could spark riots in Scotland's jails, prison officers have warned.
Scotland's 6,800 inmates will be allowed to smoke only in their cells and in outdoor exercise yards after the ban comes into force at 6am on 26 March.
Prison officers will have the job of policing the new law and many are already voicing concerns about how inmates, who are used to having a free rein to smoke during most of the day, will react to the policy.
An agreement has already been reached at Kilmarnock prison, Scotland's only private jail, to restrict smoking to cells and the exercise yard. Detailed discussions have taken place between the Scottish Prison Service and prison officers' leaders about how to implement the law in Scotland's other jails.
But it has already been agreed that smoking will be banned in enclosed public areas, sparking fears of heightened tension and violence within prisons.
Steve Farrell, of the Prison Service Union, said his members were worried about the fallout from the ban.
"Tobacco keeps a sense of calm within the prison environment. When you take that away from prisoners, particularly in the west of Scotland, where the smoking culture is particularly strong, they are going to react," he said.
"The question everyone is asking is, 'Will it lead to violence?' That's a real fear. There's always a potential for riots when you are forcing prisoners to stick to rules they do not like.
"Hopefully, common sense will prevail and the policy will be controlled in a sensible way. I don't think it has been thought through properly in terms of how the legislation should apply in prisons.
"Ultimately I'm concerned about what effect this will have on our members. It's been agreed in principle but not signed off yet. In Kilmarnock, prisoners have already been briefed that they will only be able to smoke in their cells and the exercise yard."
Mr Farrell said tobacco would become a new "contraband", illicitly smuggled into controlled areas of the prison in the same way that illegal drugs are passed around the jail.
Derek Turner, of the Prison Officers Association, said it was "difficult to call" how prisoners would react to the ban, but claimed smokers were becoming a minority group "even in prisons".
A spokesman for the Scottish Prison Service said counselling and nicotine replacement treatment were being offered to inmates in the run-up to the ban.
"The final policy has not been signed off yet but it looks as if prisoners will only be allowed to smoke in their cells, with the possible exception of the exercise yard," he said. "Other than that, they will not be allowed to smoke in public areas."
[ scotsman.com
23 February 2006
Human rights: a broken promise
Citizens should have statutory rights to enforce their human rights in the UK courts. We will by statute incorporate the European Convention on Human Rights into UK law to bring these rights home and allow our people access to them in their national courts. The incorporation of the European Convention will establish a floor, not a ceiling, for human rights. [emphasis added]
1997 Labour Party’s General Election Manifesto
Should legal obstacles arise we will legislate further, including, if necessary, amending the Human Rights Act in respect of the interpretation of the European Convention on Human Rights.
Prime Minister Tony Blair, 5 August 2005
1. Introduction
The 1997 general election returned a Labour administration to power after a period of 18 years of Conservative government. Under Prime Minister Tony Blair, the Labour government, true to its 1997 election promise, published a White Paper entitled: "Bringing Rights Home", presaging the momentous introduction of the Human Rights Act 1998 (HRA) which gave effect in domestic law to most of the rights enshrined in the (European) Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Rather than incorporating the ECHR into domestic law, the HRA sets out in primary legislation, domestically, human rights that are "expressed in the same terms" as their equivalents in the Convention.
Amnesty International commended the UK authorities for the introduction of the HRA as an initial step to deepening a human rights culture.
However, the erosion of human rights by government policies purporting to fight terrorism – a tendency well-developed over decades in relation to the conflict in Northern Ireland – was given renewed impetus by the UK’s actions in response to the attacks in the USA on 11 September 2001. [...]
[ amnesty.org
FEBRUARY 2006
[ Terrorism Bill 2006 on Wikipedia
FEBRUARY 2006
Lords pass law against glorifying terrorism
23/03/2006
The long-running dispute between the Government and the House of Lords over new anti-terror laws ended yesterday
when peers dropped their opposition to outlawing the glorification of terrorism.A Liberal Democrat amendment to the Terrorism Bill omitting any reference to glorification was defeated by 60 votes to 172. It was the third time the Lords had voted on the issue. The Bill will now become law.Lady Scotland of Asthal, the Home Office minister, urged the Lords to back the Government. She said "glorification" was an example of indirect encouragement and had been included in the legislation to guide the courts.
"Therefore the need to have it for illustrative purposes is clear and is something that the ordinary man in the street would understand with the greatest of ease," she saidLord Kingsland, the Conservative spokesman, said his party did not want to delay the new terror laws any further. Charles Clarke, the Home Secretary, had given an undertaking next year to reconsider all the measures on terrorism, and that would give Parliament the opportunity to re-examine issues such as the definition of terrorism and the use of the word glorification. Lord Goodhart (Lib Dem) argued that including the word "glorification" would inhibit genuine debate and "cause significant trouble over the next few years".
The Bill has had a stormy passage through Parliament. Tony Blair suffered his first ever Commons defeat when MPs rejected the Government bid to increase the time terror suspects could be held from 14 days to 90 days. Instead they backed a 28-day limit.A House of Lords committee was told yesterday that the Government remained convinced that it would be wrong to introduce a formal requirement for the Prime Minister to obtain approval from MPs before committing British troops to military action.
Gordon Brown last year appeared to indicate that he was willing to give up some of the PM's Royal Prerogative powers, when he said that people would expect future decisions on whether troops were deployed to go before Parliament.But the Lord Falconer, the Lord Chancellor, told a hearing of the House of Lords Constitution Committee that this did not mean the Government was ready to accept a law - or even a formal convention - requiring a vote in the Commons before Britain goes to war.
[ telegraph.co.uk
MPs back ban on glorifying terror
Tony Blair's controversial plan for a new law to stop people "glorifying" terrorism has been backed by MPs.
The House of Lords voted last month to remove the measure from the Terrorism Bill, but the Commons has now voted by 315 to 277 to reinstate the plan.Mr Blair said the vote was a "signal of strength" which could outlaw placards glorifying the bombers who attacked London last July.But the Tories accused Mr Blair of "ineffective authoritarianism".The Lib Dems and Tories both opposed the law.They said existing laws - and plans for a new offence to prevent indirect encouragement of terrorism - mean the glorification offence is not needed.Seventeen Labour MPs rebelled in the vote and some others abstained, reducing the government's usual majority of 64 to 38.
It has suffered a rocky ride in Parliament, with MPs voting down plans to allow police to hold suspects for up to 90 days without charge.Wednesday's vote sets up a potential battle with the House of Lords.Opposition peers will have to decide whether to continue their battle against the glorification offence when the bill returns to the Lords.The Commons debate also saw MPs reverse another change imposed by the Lords.MPs said police should not need a warrant from a judge to be able to tell internet service providers to remove terrorist material from websites.The return of the bill to the Commons comes after MPs overturned a Lords defeat on plans to make ID cards compulsory for all new passport holders.Acting Lib Dem leader Sir Menzies Campbell called the government's plans a "distraction".
'Counter-productive'
"The purpose of passing legislation is not to 'send a message', as the prime minister seems to argue. It is to change the law," he said.But Mr Blair said dropping the glorification offence would prove counter-productive.Reacting to the vote, Mr Blair said Parliament had shown it wanted to tackle not only those directly committing terrorist acts but also people who encouraged terrorism.The prime minister said the law would allow action to be taken against people with placards glorifying the 7 July bombers - which were seen in London during protests against cartoons satirising the Prophet Muhammad.But the Tories accused ministers of trying to grab headlines rather than create watertight laws.Conservative shadow home secretary David Davis attacked suggestions his party was "soft on terrorism".
He said opponents of the glorification clause included people like ex-Cabinet minister Lord Tebbit, whose wife was still disabled from a terrorist attack."All these people want to get the best outcome for the law," said Mr Davis. "We are not playing politics with terrorism, arguably Mr Blair is, I am afraid."Home Secretary Charles Clarke said the glorification clause was needed to act against organisations which tried to promote terrorism and created an atmosphere where impressionable young men thought suicide bombings were a "noble and holy activity".
[ bbc.co.uk
Glorification law passes 'first test'
In commending the new law against glorifying terrorism, the prime minister said juries would understand glorification "when they see it ".Lawyers are split on this prediction. But even those who agree with Mr Blair point out that this is an unusual and, for some, unwelcome basis on which to frame criminal legislation.James Libson, head of litigation for Mishcon de Reya, said: "When a judge explains a concept - for example, recklessness - to a jury, there is a precise legal definition to go by."But glorification is more of a subjective than an objective concept and success in getting a jury to convict will depend very much on the political climate of the time."
Security fears
The main impact of the new law is likely to be on groups which praise so-called martyrdom operations and those individuals who openly proclaim their sympathy with the perpetrators of terrorist acts.The consensus amongst lawyers is that the government is probably right in saying that, as the law stands, it is not possible to prosecute someone who brandishes a placard praising the 7/7 bombers.A prosecution for glorification would be brought after consultation between the police and the Crown Prosecution ServiceThis would not count as incitement, unlike the carrying of posters which call for the enemies of Islam to be beheaded which could, in theory, be prosecuted under a number of offences.So, is the kind of case envisaged by the prime minister likely to succeed before a jury?
James Libson thinks it probably will."In the current environment, with heightened security fears following 7/7, jurors may well conclude that the new law on glorification has been broken."However, a few years further on, when the present events have become history, a different view might be taken if someone was to praise the 7/7 bombers."
Proportionality
Unlike the Public Order Act, which requires the consent of the Attorney-General before a prosecution can be brought, a prosecution for glorification would be brought after consultation between the police and the Crown Prosecution Service.However, lawyers point out that the same issue of free speech may be a factor in both cases.
It is likely that when the first prosecution is brought under the new law, there will be arguments about proportionality - in other words, whether a restriction on someone's freedom of expression under the Human Rights Act can be justified in order to punish indirect encouragement of terrorism.Getting the glorification clause through the Commons may be only a stage in a longer legal process.
[ news.bbc.co.uk
Britisches Unterhaus verbietet Terror-Verherrlichung
17. Februar 2006
London - Ein neuer Straftatbestand, den es in der Rechtsprechung westlicher Staaten bisher nicht gab, dürfte bald in Großbritannien Gesetz werden: "Glorifizierung von Terrorismus". Dies hat am Mittwoch das Unterhaus beschlossen. Die Zahl der Labour-Rebellen gegen dieses umstrittene Detail der Anti-Terror-Gesetze war mit 17 niedriger als erwartet, so daß Tony Blair bei einem Votum von 327:279 eine beruhigende Mehrheit von 38 Stimmen auf seiner Seite hatte.
Im Oberhaus war der Begriff "Glorifizierung" bereits einmal verworfen worden, als Eingriff in die freie Meinungsäußerung. Dürfe man nächstens, so wurde spitz gefragt, auch Robin Hood nicht mehr preisen, einen "Terroristen" seiner Zeit? Und wie steht es mit dem Geschichtsunterricht in Schulen und Universitäten, wenn von Nelson Mandela oder anderen revolutionären Führern die Rede ist? Kann man bestimmte religiöse Lieder weiter intonieren, wie das beliebte "Onward, Christian soldiers, marching as to war, with the Cross of Jesus going on before", welches Erinnerung an die Kreuzzüge wachruft? Das House of Lords muß jetzt erneut die Vorlage beraten, aber eine zweite Ablehnung könnte das Unterhaus durch Anrufung des "Parliamentary Act" mit einfacher Mehrheit überstimmen.
Denn nicht um Robin Hood, christliche Soldaten oder andere Figuren der Geschichte geht es hier, sondern um jene "größte Bedrohung unserer Zeit", von der Schatzkanzler Brown zu Anfang der Woche sprach: dem Terrorismus. Zum Rachemord aufrufende Plakate, wie sie radikale Moslems vor zwei Wochen durch die Straßen Londons trugen, würden mit dem neuen Gesetz auf der Stelle zum Eingreifen der Polizei führen, was nach gültigem Strafrecht nie ganz klar war. Auch könnten britische Dschihad-Lobredner oder entsprechende Internet-Adressen verboten sowie Ausländer, die diese Art Radikalismus predigen, sofort ausgewiesen werden.
Islamische Dachverbände befürchten dagegen, die deutliche Zielrichtung des neuen Gesetzes könne junge Moslems weiter isolieren, da der allgemeine Radikalismusverdacht gegen sie schon heute stark die Gesellschaft präge.
Artikel erschienen am Fr,
[ welt.de
14. Februar 2006
nach dem die kriminalstatistik 2004 einen "historischen höchststand" von 1. 071.075 angezeigten delikten hatte, fiel die zahl im letzten jahr um 6%.
Scotland safer as crime falls by 6%
RECORDED crime fell 6 per cent in Scotland last year, but there are still alarming differences in police forces' ability to catch offenders, a Scotsman investigation has revealed.
Latest data from all of Scotland's eight forces reveals that, between April and December last year, more than 756,000 crimes were reported - 45,000 fewer than in the same period in 2004.
Violent, non-sexual crimes fell even further - down 11 per cent, from 11,501 to 10,266. A similar drop is seen in sex crimes, which fell from 5,612 to 4,998. Crimes of dishonesty are down 10 per cent from 159,596 to 143,735.
The fall will be welcomed by Jack McConnell, the First Minister, who has put tackling Scotland's violent image at the centre of his reform programme.
But few inroads have been made into tackling vandalism, drunken disorder and the other so-called "low-level" crimes which Mr McConnell has specifically pledged to get tough on.
The number of "category four" crimes, mainly vandalism and fire-raising, has barely changed, while miscellaneous offences, which include petty assault, breach of the peace and drunkenness, appear to have risen slightly and are being carried out at a rate of 600 per day. Category five crime, which includes drugs, bail and firearms offences, have also risen, from 58,001 to 60,446 - a 4 per cent spike.
The persistence of "low-level" crime last night led to calls from opposition politicians for more investment in front-line police and community wardens.
Our research also highlights big differences in detection rates - the percentage of "solved" crimes where police identify the offender - across the forces.
The worst performing was Grampian Police which managed to clear up less than two-thirds of reported crime.
Scotland's two most heavily populated force areas, Strathclyde and Lothian and Borders, last year also had relatively low detection rates, each at 71 per cent.
The highest success rate for clearing up crime was in Scotland's smallest force, Dumfries and Galloway, where only one in nine crimes went unsolved.
Detective Chief Superintendent John Carnochan, head of Strathclyde's Violence Reduction Unit, which will soon cover the whole of Scotland, welcomed the fall in violent crimes. "Clearly we want to maintain this downward trend. However, whether it's four or 40 murders, levels of violence are still unacceptable," he said.
"No-one can deny that we have a particular problem in the west of Scotland with violence - and knife crime in particular. We have been quite open about this and we've never made any attempts to hide from these issues. We have had this problem for several decades."
He said the drop in violent crime last year was due to "a combination of measures including enforcement and education".
He added: "In addition, violent crime has been high on the political agenda this year and has received widespread and constant media coverage."
A spokesman for Grampian Police admitted detection rates were a concern. "We acknowledge some of our detection figures are low. However, with expected increases in resources over the next two to three years, we expect this to improve quite dramatically," he said.
Despite the current drop, Scotland's crime rate remains historically high.
In 2004-05, a record 1,071,075 incidents were recorded. The rise was partly inflated by the introduction of a new crime reporting standard, which meant corroborative evidence was no longer required for police to log a complaint as a crime.
But the number of crimes committed has exceeded 900,000 every year since 1990, and compares with an annual crime rate of about 200,000 in the 1940s and 1950s.
Dan Donnelly, a former senior officer with Strathclyde Police and now a research fellow at the Scottish Centre for Police Studies in Hamilton, said that the new figures indicated Scotland was becoming a "safer society".
"There is much more partnership working today - more CCTV cameras, more community support workers, more police than ever before, more willingness by other departments like education and housing to work together."
But he said people's awareness of crime and expectations from the police had also increased, meaning fear of crime was still high.
Mr Donnelly said detection rates should be improving as police were now equipped with more crime-fighting resources than ever before.
"DNA and fingerprint analysis has improved, there is better training of officers and more civilian back-up staff. This all should make it easier for police to solve crime."
An Executive spokeswoman highlighted recent powers given to councils, such as anti-social behaviour orders and dispersal orders, to deal with more minor crimes which plagued large sections of society.
Stewart Stevenson, of the SNP, said the Executive had taken the "first step" in tackling vandalism, but more resources were needed.
A Tory spokesman said councils should be given more power to identify local priorities for police.
[ scotsman.com
14. February 2005
das neue passgesetz, das briten verpflichtet das sie wenn sie einen reisepass beantragen auch eine id-card kaufen müssen, wurde verabschiedet. damit wird der personalausweis trotz proteste doch eingeführt. zwar wird gesagt daß es freiwillig sei eine id-card zu kaufen, wer aber keine käuft kriegt auch keinen reisepass.
Government wins vote on ID cards
MINISTERS avoided defeat last night over the controversial plan for identity cards, but faced charges of trying to make them compulsory "through the back door".
The government's majority was halved because of a Labour rebellion, but it still won a vote that will mean anyone who applies for a new passport will be forced to pay for an ID card at the same time. The vote was 310 to 279, a majority of 31.
The victory came after the government made a string of concessions to opponents.
Ministers will now be encouraged ahead of an even riskier vote on terrorism laws tomorrow night.
The House of Lords had voted to break the link between passports and ID cards, but the MPs' vote restored it. However, the opposition ridiculed government arguments that ID cards would be voluntary.
"The idea that you can't leave the country without having your name put on a national identity register is an interesting idea of voluntary," David Davis, the shadow home secretary said. "This is a creeping compulsion."
Alistair Carmichael, the Liberal Democrat home affairs spokesman, said: "The only way in which people will be able to opt out of the system is by giving up their right to travel abroad."
Some opponents fear ministers will seek to extend the ID card scheme by linking it to other routine documents, such as driving licences and immigration certificates.
But Charles Clarke, the Home Secretary, promised that MPs and the House of Lords would be consulted before the government moved to create a new link between ID cards and other "designated" documents.
After its first success in the voting lobbies, the government later won another victory, removing a Lords amendment suspending the ID card project until a full cost estimate was in place. Instead, ministers offered to update MPs on the multi-billion-pound costs every six months.
The House of Commons has also accepted an offer made to rebels last week that a separate act of parliament would be needed before everyone would be forced to have a card.
The government's successes over ID cards could be a sign that Labour rebels are keeping their powder dry ahead of tomorrow's vote on creating a new offence of glorifying terrorism.
One beneficiary of that tactic was Tony Blair, the Prime Minister, who, having promised to attend last night's vote, found himself stranded in South Africa. Jack Straw, the Foreign Secretary, was also absent, in Morocco. Speaking in South Africa, Mr Blair said the government had "won the argument" on ID cards.
The Prime Minister's absence left Gordon Brown, the Chancellor, to lead the government's argument.
On Sunday, Mr Brown had gone further than Mr Clarke's justification of the ID card bill as a countermeasure to terrorism by using last year's suicide bombings in London. The Home Secretary has repeatedly refused to link the cards to any particular terrorist incident.
Yesterday, Mr Brown again appeared to depart from previous government statements on ID cards. Hours before MPs voted, he claimed that MI5, the Security Service, had explicitly backed the government's bill.
But last year, Dame Stella Rimington, a former head of MI5, said the scheme would not make Britain safer from terrorism.
[ scotsman.com
4 February 2006
"Thornton Hall to take at least 1,200 prisoners"
The new prison intended to replace Mountjoy Prison at Thornton Hall in north County Dublin will house at least 1,200 inmates when it opens in 2010 but will be designed to allow for its easy extension in the future, new tender documents for the project reveal.
The prison complex will also have its own courthouse linked to other courthouses around the country by state-of-the-art video conferencing facilities.
Firms interested in tendering have been instructed to submit designs for a complex with a range of security levels for inmates, including semi-open facilities.
Those tendering for the new prison, which will replace the existing Mountjoy Prison on Dublin's North Circular Road, will design, build, finance and maintain the new facility. The maintenance contract will run for up to 35 years.
The new prison will include very significant facilities for visitors and legal representatives. It will also contain a medical centre with therapeutic and educational centres for inmates.
The tender documents were published last night by the Irish Prison Service and National Development Finance Agency. The principal components of the public private partnership project include:
Accommodation for at least 1,200 male, female and juvenile inmates.
A range of security levels from semi-open to secure within a secure perimeter.
Facilities for the provision of educational, work training and life skills and medical and therapeutic facilities.
Facilities for staff including recreational and catering.
Administration offices, warehousing and storage.
The new prison will be located on a 150-acre site for which the Department of Justice paid €30 million last year.
At the existing Mountjoy Prison, where about 900 inmates are housed, overcrowding has become a major problem in recent years.
Many of the cells in the male prison have no in-cell sanitation, forcing prisoners to slop out. This practice will stop in the new prison.
Once expressions of interest have been received these will be analysed. More detailed tenders will be invited in the summer with the final contract expected to be awarded early next year. Construction work is due to start in 12 months. The prison is expected to open in 2010.
A spokesman for the prison service said the court and video conferencing facilities would help reduce the need for prisoners to be escorted from prisons to court appearances. Overtime payments associated with this work have proven a major drain on the prison service budget in recent years.
[ iprt.ie
23. January 2006
die zahl der frauen, die in schottland wegen krimineller delikte verurteilt wurden stieg zwischen 200 und 2002 von 16. 000 auf 18.000 ( 12%) an, bei männer stieg sie um 5%.
64% women back in jail in two years
YOUNG women are more likely to be sent back to jail than young men, Scottish Prison Service figures show.
They reveal 64% of women under 21 who left prison in 2001 were locked up again within two years. The previous year the rate was 52%. For men under 21, it was 60% for both years.
The number of women of all ages found guilty of criminal offences rose from 16,000 to 18,000 (12%) from 2000 and 2002. Male convictions rose 5%.
[ eveningtimes.co.uk
11. January 2006
UK
Gen-Tests auf Verdacht
London legt die größte Erbgut-Datenbank der Welt an
Wie weit darf der Datenschutz im Namen der Sicherheit ausgehöhlt werden? In Großbritannien scheint dies kein Thema zu sein. Spätestens seit den Terroranschlägen in London heißt dort die Devise "safety first". Überwachungs-Kameras sind allgegenwärtig und die vor zehn Jahren eingerichtete DNA-Datenbank wurde mit immensen finanziellen Mitteln extrem ausgeweitet. Martin Zagatta berichtet aus London.
Der Täter zu sieben Jahren Haft verurteilt, vermelden die BBC-Nachrichten, eine Vergewaltigung doch noch aufgeklärt, nach 14 Jahren, aufgrund von DNA-Untersuchungen. Und für die britische Polizei ist das nur der jüngste Beleg, wie richtig die Entscheidung war, die größte Gen-Datenbank der Welt aufzubauen. Bereits 88 Morde seien seit 2001 auf Grund gentechnischer Fingerabdrücke aufgeklärt worden. So hat das Londoner Innenministerium gerade aufgelistet: 88 Morde, 45 Mordversuche, 116 Vergewaltigungen und 62 sexuelle Übergriffe. Zahlen, die die Labour-Regierung jetzt auch anführt, um Fahndungsmethoden zu rechtfertigen, die weit über das hinausgehen, was in anderen Ländern üblich ist.
Die Regierung habe große Summen in den Ausbau einer landesweiten Datenbank investiert, von umgerechnet 450 Millionen Euro ist die Rede, und das zahle sich immer stärker aus mit Erfolgen in der Kriminalitätsbekämpfung. So verteidigt Andy Burnham, der Staatssekretär im Innenministerium, eine Politik, die auch auf der Insel nicht unumstritten ist. Erbgutinformationen von drei Millionen Menschen haben die Behörden inzwischen gespeichert, seit Großbritannien vor zehn Jahren als erstes Land überhaupt eine zentrale Datenbank eingerichtet hat. Rund zehn Mal so viele Gen-Daten wie etwa in Deutschland - weit mehr als in anderen Ländern, wo der Datenschutz solchen Ermittlungen oft enge Grenzen setzt. Bis 2008 sollen nach Vorstellung der britischen Behörden die Erbinformationen von sogar mehr als vier Millionen Menschen erfasst werden, von rund sieben Prozent der Bevölkerung. Ermöglicht wird das, in dem Befugnisse der Polizei erweitert wurden. Anders als in Deutschland werden Gen-Daten auch von denjenigen schon gespeichert, die sich kleinerer Vergehen schuldig machen, wie etwa eines Diebstahls. Und weit mehr noch: die Behörden sind sogar befugt, die Profile von Menschen aufzubewahren, die gar nicht erst angeklagt oder freigesprochen werden.
Die DNA-Datenbank werde ganz extrem ausgeweitet, auch mit Informationen über völlig Unschuldige, kritisiert Professor Ben Bowling. Was der Kriminologe am Londoner King's College beklagt, findet aber kein größeres Echo in dem Land, in dem auch die zahlreichen Überwachungskameras als etwas Selbstverständliches angesehen werden. Zwar hat der Fall eines 14-Jährigen gerade einige Wellen geschlagen. Der Junge war drei Stunden lang verhört worden, Gen-Test eingeschlossen, im Zusammenhang mit einem Überfall, aber nur aufgrund einer Namensverwechslung. Seine Mutter musste anschließend dennoch sechs Monate lang kämpfen, bis ihr zugesagt wurde, seine DNA-Daten nicht länger zu speichern. Aber nur eine Ausnahme, so hat der zuständige Polizeichef ausdrücklich klargestellt.
Man dürfe doch nicht übersehen, dass mit der Gen-Datenbank Verbrechen aufgeklärt werden. So rechtfertigt der Polizeichef von Hertfortshire sein langes Zögern, die Gen-Proben des zu Unrecht verdächtigten Schülers überhaupt wieder löschen zu lassen. Auch Presseberichte, wonach die britische Polizei mittlerweile über die DNA-Daten von fast 40 Prozent aller schwarzen Männer verfüge, aber nur über ein Prozent der hellhäutigen, haben nicht dazu geführt, diese Fahndung ernsthaft in Frage zu stellen. Im Gegenteil: Diskriminierungen würden ausgeschaltet, wenn alle Briten eine Gen-Probe abgeben müssten, argumentiert jetzt eine Gruppe von Rechtsexperten und Wissenschaftlern. Ganz so weit scheint aber auch die Labour-Regierung nicht gehen zu wollen. Es gebe noch keine Entscheidung, heißt es zu Vorschlägen aus dem Gesundheitsministerium, zu Vorschlägen, die Erbgut-Informationen aller Briten künftig schon bei Geburt zu ermitteln und zu speichern.
[ dradio.de
11. January2006
UK
Blair will "antisoziales Verhalten" ausrotten
Florian Rötzer
Mit einem groß angelegten und propagierten Plan von Hilfen und Strafen will die britische Regierung für mehr Respekt sorgen, in einem Modellprojekt dürfen die Menschen auch die Überwachungskameras ihrer Gemeinde beobachten
In Großbritannien hat Regierungschef Tony Blair ein Programm vorgestellt, das "antisoziale Verhalten" vor allem bei Jugendlichen noch schärfer zu bekämpfen, um zu einer "modernen Kultur des Respekts" zu finden, wofür auch eine Website (1) eingerichtet wurde. Ausgeweitet werden sollen dafür nach dem Respect Action Plan (2) etwa die Handlungen, die sofort bestraft werden können, überdies sollen Familien, die ihre Nachbarn nachhaltig stören, bis zu drei Monaten aus ihren Wohnungen verbannt werden können. Und in einer Gemeinde wird auch – schließlich ist man in Großbritannien Pionier in Sachen Überwachungskameras – ausprobiert, den Bürgern Zugang zu den Überwachungskameras zu geben, um selbst auf die Jagd auf Rowdys und Bösewichter zu gehen.
Schon seit 6 Jahren können Strafen (Anti-Social Behaviour Order - ASBO) für antisoziales Verhalten angeordnet werden, das breit angelegt ist und von Pöbeleien, Bedrohungen, Ruhestörung, Bildung von Gruppen, Anbringen von Graffitis oder Wegschmeißen von Abfall auf Straßen bis hin zum Betteln, Fluchen, rassistische oder beleidigende Äußerungen, Spucken oder übermäßigen Alkoholgenuss reichen können.[...]
[ Blair will "antisoziales Verhalten" ausrotten / Full Article
10 January 2006
UK
der neue "respect action plan" ist ein weiteres instrument sog. antisoziales verhalten zu bekämpfen.
laut blair sollen die neuen verordnungen "die wurzeln des antisozialen verhaltens, die in der familie, im klassenzimmer und den gemeinden liegen anpacken." beispiele:
sollten schülerinnen, die vom schulunterricht ausgeschlossen wurden, an öffentlichen plätzen angetroffen werden, müssen ihre eltern geldstrafen bezahlen.
die polizei kann sog. problemfamilien bis zu drei monaten verbieten ihre wohnung zu betreten, falls diese ihr verhalten nicht ändern. diese anordnung war ursprünglich gedacht um sog. crackküchen zu schließen.
all dies soll über asbo anordnungen geregelt werden. menschen die solche anordnungen nicht befolgen und sozialhilfe oder sonstige gelder vom staat beziehen, werden diese gelder gestrichen.
am ende des artikels sind einige der unsinnigen asbos aufgeführt, z.b.:
eine frau, die vier suizidversuche unternahm, erhielt eine asbo die es ihr verbietet in flüsse oder kanäle oder auf eisenbahnschienen zu springen; oder
ein 88 jähriger erhielt eine asbo die ihm verbietet sein tv gerät auf eine unzumutbaren lautstärke zu stellen, zu schreien, zu schwören oder sarkastische bemerkungen zumachen.
PM sets out 'Respect' approach to tackle hooliganism
Tony Blair will today put a fresh crackdown on truancy and "neighbours from hell" at the heart of the Government's latest efforts to stamp out antisocial behaviour.
Parents who fail to keep track of children excluded from school may face fines, community support officers will be given the power to pick up truants and unruly householders could be evicted from their homes.
Mr Blair will say that the underlying theme of today's "Respect action plan" will be tackling the "root causes of antisocial behaviour, which lie in families, in the classroom and in communities". He is dispatching 16 ministers to promote the Government's new plans to combat yobbery and low-level disorder.
Opposition parties and criminal justice groups attacked the package for containing gimmicks and previously announced initiatives, and for undermining natural principles of justice.
The action plan - the latest in a succession of criminal justice and antisocial behaviour initiatives introduced by the Government since 1997 - follows Mr Blair's promise made at the Labour conference in September "for a radical extension of summary powers for the police and local authorities to tackle the wrongdoers".
Mr Blair wants the issue of "respect" to define the remainder of his spell in office. He is likely to give the job of coordinating his "respect agenda" to Hazel Blears, the Home Office minister, who is expected to be promoted to the Cabinet within days.
Today's announcement will outline plans for improving behaviour and attendance at schools. It will mix proposals for engaging and stimulating unruly children with fresh efforts to combat disruptive behaviour.
It will challenge parents to meet their responsibilities by proposing to take action against those whose children are found in public places after they have been excluded from school. Mr Blair will also confirm that the number of schools with truancy officers is being increased from 140 to 200. So-called "truancy sweeps" will be stepped up, with community support officers given the authority to pick up youngsters skipping lessons.
A "National Parenting Academy" will be set up where professionals, such as social workers, clinical psychologists, community safety officers and youth justice workers, will have their skills honed. Communities will also be given powers to demand tougher action from police.
Regular "face the people" sessions will force police officers and council officials to reveal what they are doing to tackle yobbery. If they think problems are being ignored, residents will be able to make an official "community call to action".
Police will also get the power to evict the worst problem families from their homes for up to three months if they refuse to improve their behaviour. The proposal is based on police powers to shut down "crack dens".
In the foreword to today's action plan, Mr Blair says that most communities are safe and secure and are good places to live. But he adds: "There are still intractable problems with the behaviour of some individuals and families, behaviour which can make life a misery for others. What lies at the heart of this behaviour is a lack of respect for values that almost everyone in this country shares.
"Antisocial behaviour creates havoc for communities. We will take tough action so that the majority of law-abiding, decent people no longer have to tolerate the behaviour of the few individuals and families that think they do not have to respect others."
The Conservative leader, David Cameron, said: "Tony Blair's recycled crackdowns miss the point. This issue is too important to be dealt with by "eye-catching initiatives" designed to get newspaper headlines. It's about getting to grips with the real problems, tackling the long-term causes of our society's loss of respect."
Mark Oaten, the Liberal Democrat home affairs spokesman, said: "It looks like we're getting a list of rehashed and reheated ideas. It is hard to see how that approach will lead to stronger communities."
Shami Chakrabarti, the director of Liberty, said: "When forcing people out of their homes is the latest gimmick, it's time to consider what 'Asbomania' is doing to this country. The vulnerable are swept up with the guilty and naming and shaming is rampant. The Prime Minister 'batters' the values of British justice and calls it 'respect'."
Will McMahon, a senior associate at the Crime and Society Foundation think-tank, said: "With each cranking-up of the 'respect' agenda, the Government takes a further step away from its trumpeted goal of tackling the causes of crime. The sad fact is that no political party has shown any real inclination to address the bedrock of poverty that underlies many of the social problems that the Prime Minister claims to care about."
Unusual orders
By Geneviève Roberts
* RHUBARB ASBO
Margaret Porter, 50, from North Yorkshire, was given a six-year Asbo for attacking her brother with a stick of rhubarb in March last year.
* SUICIDE ASBO
Kim Sutton from Bath, who has tried to commit suicide four times, received an Asbo banning her from jumping into rivers, canals or on to railway lines.
* ANSWERING THE DOOR NAKED ASBO
Caroline Shepherd, 27, was given an Asbo in April after neighbours complained about her wearing skimpy underwear when answering her door in Lanarkshire.
* FEEDING THE BIRDS ASBO
Retired teacher Jean Smith, 60, is banned from putting bread out to feed the birds at her home in Burntisland and anywhere in Fife.
* OLDEST ASBO
Christopher Muat, 88, from Liverpool, received an order stopping him from turning up his TV to an unreasonable volume, shouting, swearing or making "sarcastic" remarks.
* CHRISTMAS TREE ASBO
In 2004, David Boag, 29, was jailed for four months for breaking an Asbo preventing him from howling and dancing naked with a Christmas tree in the window of his flat.
* YOUTH ASBO
Last February, Ryan Wilkinson, 11, was given an Asbo after allegations of burglary, glue-sniffing, assaulting a seven-year-old and throwing a scooter at a packed bus in Leeds.
[ independent.co.uk
10. January 2006
UK / SCOTLAND
298 asbos (antisocial behaviour orders) wurden seit april 2005 in schottland angeordnet.
4 davon an jugendliche / kinder unter 16.
180 der anordnungen sind zeitlich begrenzt, es wird angenommen das etwa die hälfte davon zu regulären unbegrenzten asbos umgewandelt wird. verstöße gegen asbos werden als kriminelle delikte behandelt.
Councils send ASBO numbers soaring
Key points
• Anti-social behaviour orders granted to Scottish councils are up by 60%
• Scotsman survey reveals 298 ASBOs have been granted since April
• Executive has leaned on councils to make greater use of ASBOs
Key quote
“It's not political pressure that's driving what we are doing, it's pressure from Edinburgh residents. The streets belong to hard-working people who live here, not the yobs who make people's lives a misery" – Donald Anderson
THE number of anti-social behaviour orders granted to Scottish councils has soared by more than 60 per cent, a Scotsman investigation has discovered.Local authorities such as Edinburgh, West Lothian, Borders and North Ayrshire are driving the Scotland-wide rise with substantial increases in the number of ASBOs.But the figures also show that three councils - East Lothian, Argyll and Bute, and Orkney - have still not used any so far in the financial year 2005-6.The Scottish Executive last night welcomed the rise, which comes amid increased ministerial pressure for a crackdown on low-level crime and anti-social behaviour.
The Scotsman survey of Scotland's 32 councils reveals 298 ASBOs have been granted since April last year, four of them against children under 16.About 180 of them are interim orders, half of which are likely to be converted into full ASBOs in the coming months.If the trend continues, Scotland's councils will have issued around 280 full ASBOs in 2005-6, compared to 174 for 2004-5.The Executive has leaned on councils to make greater use of ASBOs in recent months.
In October, Jack McConnell went on a fact-finding mission to Manchester to see what lessons could be learned from "the ASBO capital" of England.The First Minister pledged to "re-balance" the approach adopted to so-called low-level crime such as vandalism, hooliganism and badly behaved neighbours. He also backed Manchester's controversial policy of naming and shaming "yobs" issued with ASBOs - a move some Scottish council leaders have voiced concern over.Councils were granted the power to apply for ASBOs in April 1999 under the Crime and Disorder Act.If granted by a sheriff, the orders place restrictions on individuals to modify their behaviour, whether it is stopping playing loud music or banning them from entering city centres.
Councils can also be granted interim orders, which give them the same powers, pending the hearing on the application for a full ASBO.Failure to comply with the order is a criminal offence.Last year, North Lanarkshire succeeded in obtaining more full ASBOs than any other council - 23 - but that figure is likely to be beaten by Dundee, which has been granted 14 full and 18 interim orders, and Edinburgh, which has obtained 15 full and ten interim orders, including two against under-16s.Donald Anderson, the leader of Edinburgh City Council, said the jump in ASBO use was a "deliberate" response to serious behaviour problems rather than political pressure. He added: "We have created a new anti-social behaviour division and the will to tackle the problem will only increase until we have dealt with the problem.
"We have always supported the line the Executive has taken on this. It's not political pressure that's driving what we are doing, it's pressure from Edinburgh residents. The streets belong to hard-working people who live here, not the yobs who make people's lives a misery."The Executive last night welcomed the figures, saying they showed the effectiveness of ASBOs was being increasingly recognised.
• Tony Blair will today outline new plans to crack down on anti-social behaviour. The Respect "action plan" is expected to include plans to penalise people who breach ASBOs by cutting any welfare benefits they receive.
[ scotsman.com
9 January 2006
UK / SCOTLAND
die zeitung daily record führt seit einiger zeit eine kampagne gegen offene knäste und vergünstigungen von gefangenen. ein beispiel ist der zeitungsbericht über den knast castle huntly.
ein reporter der zeitung berichtet wie er einen tag im knast rumlief ohne das er angesprochen wurde.
die knastkleidung sei ihm von einem gefangenen gegeben worden. weder beim reinkommen noch beim hinausgehen aus dem knast sei er angehalten worden.
EXCLUSIVE: OPEN ALL HOURS
SECURITY at a Scottish prison is today exposed as a farce.
A Daily Record reporter spent a day strolling round the jail dressed as an inmate - and even helped himself to porridge in the canteen.
No one challenged our man, who freely associated with criminals, including convicted murderers.
He even chatted to warders before walking back out of the jail.
We decided to test security at Castle Huntly prison near Dundee after inmates told us they were regularly being supplied with drugs and alcohol.
And during our experiment last Thursday, we were shocked to find restrictions were virtually non-existent.
Our man was handed a prison uniform by a con and had the run of the under-fire jail, which has just increased its capacity.
He strolled in and queued up for a meal with inmates before wandering round the prison.
The Record investigator was served food by two officers in the canteen and given directions around the jail by another warden.
He then walked round unchallenged and chatted to officers and cons.
Our man sauntered by an office packed with staff and even passed a warden on his way out of the compound.
Killers have already made a mockery of the regime by walking out of the jail.
And villagers in neighbouring Longforgan, which has a population of 600, have claimed their community is being targeted in crime sprees.
The Scottish Prison Service (SPS) last year almost doubled Castle Huntly's capacity from 150 inmates to 290.
The SPS built a new block of 70 cells to hold 140 new inmates.
Locals have already complained to prison bosses that they regularly find alcohol and drug caches hidden in their gardens for prisoners to pick up.
Our security breach came just months after prison governor Ian Whitehead met locals and pledged to tighten up security.
Helen Robertson, of the Longforgan Residents' Committee, said: "We know that there are still a lot of things that go on that shouldn't.
"Castle Huntly is a holiday camp and we are powerless to stop them expanding even further."
In August last year, crazed knifeman John Campbell butchered a woman while on leave from Castle Huntly.
The 34-year-old armed robber stabbed Catherine Thomson to death.
Other violent criminals, like killer Joseph Morgan and Arthur Cummings, have simply wandered out of the jail.
In a report published in 2002, Clive Fairweather, then the chief inspector of prisons, said there were "unacceptably high" levels of illegal drugs in Castle Huntly and called for a crackdown.
A prisoner later claimed that he tried to escape so he could kick his heroin habit.
Our probe shows how easy it is for some of Scotland's most dangerous prisoners to smuggle drugs and alcohol into the jail.
One former inmate said: "It's an open prison but more like a holiday camp.
"Prisoners are told not to escape but cons regularly leave the prison grounds to pick up booze and drug parcels.
"I've seen guys come right up to the canteen and hand drugs to their pals.
"I even carried out a few burglaries with pals when I was there. It was a cakewalk."
Scottish Tory leader Annabel Goldie last night demanded answers after the Record investigation.
She said: "I'm sure the public will be appalled at these disclosures. "I will be writing to Justice Minister Cathy Jamieson and requesting an explanation."
Nicola Sturgeon, deputy leader of the SNP, said: "An incident like this has got to be investigated by the Scottish Prison Service."
Last night, a Scottish Prison Service spokesman said: "Castle Huntly is an open prison and inmates are allowed a certain degree of freedom.
"But we will consider the contents of the Daily Record article."
Castle Huntly, built in 1452, has been used as a prison since 1947. It's a low-security jail for Category D prisoners serving terms ranging from two years to life.
DANGER MEN OF CASTLE HUNTLY
EVIL Joseph Morgan was sentenced to 16 years in jail for the torture and murder of pensioner Annie Shankland. The killer, 43, has been on the run from Castle Huntly for more than a year after he failed to return from a home visit.
DRUG addict Alan Wright broke out of Castle Huntly and burgled a house.The 40-year-old then broke back into the prison but he was caught after his DNA was discovered in a car that he had stolen.
He had run up huge drug debts while in jail.
VIOLENT criminal Arthur Cummings went missing from the prison last April.Cummings, 26, who was serving seven years for assault, gave himself up after hiding at home in Glasgow for four months.
[ dailyrecord.co.uk
5 January 2006
UK
Britain: police given unprecedented arrest and surveillance powers
Britain’s Labour government has given police unprecedented powers of arrest for any criminal offence whatsoever, even minor misdemeanours. Civil rights groups have denounced the new law as akin to a police-state measure.
The elimination of the distinction between “arrestable” and “non-arrestable” offences is part of the Serious and Organised Crime Act of 2005 and came into effect January 1.
Previously police only had the power to arrest those suspected of committing an offence carrying a sentence of at least five years in prison. Now, police are able to hold anyone they suspect of any offence, even something as minor as littering—giving them the power to harass and intimidate virtually at will. Officers will merely have to satisfy themselves of “a person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence,” and that there are “reasonable grounds for believing that the person’s arrest is necessary.”
Additionally, police are now allowed to photograph suspects on the street where they have been arrested or issued with a fixed penalty notice, rather than taking them back to a police station. This can be used to build up a digital photographic database using the simple expediency of charging someone with a minor violation, or even giving them a fixed penalty notice. The photo can be kept on file even if the person is found not guilty in court. DNA samples and fingerprints can also be kept.
Last year, the Serious Organised Crime and Police Act was used to mount a major attack on freedom of speech, when Maya Evans was convicted for having staged an unauthorised antiwar protest near the Cenotaph war memorial—reading out the names of British soldiers who died in Iraq. The law was described by the Telegraph newspaper as “the biggest expansion in decades of police powers to deprive people of their liberty.”
Opposing the new powers of arrest, Shami Chakrabarti of Liberty said they represented “a fundamental shift” in power from the public to the police and the state. “We don’t need to give the police carte blanche to go around throwing people in cells for things like dropping litter,” she said. “Anyone who gives a bit of backchat now risks being hauled off to a police station. Given the history of powers such as stop and search, there will also be the perception among ethnic minorities that they are being targeted.”
As an example of the police abusing their sweeping powers of arrest, Chakrabarti recalled the ejection from last year’s Labour conference of 82-year-old Walter Wolfgang and his detention under the Terrorism Act. But this is only the most notorious example. In fact, more than 600 people were stopped and questioned under anti-terror legislation during the Labour Party conference. None were charged with any offence, but some were detained for merely wearing anti-Iraq-war T-shirts.
More than 10,000 people were stopped and searched by the Metropolitan Police in just two months following the July 7 terror bombs in London, with no one being arrested or charged for offences related to terrorism, the Guardian has reported. The figure reflect a five-fold increase for white people and a twelve-fold increase for Asian and black people.
Other new powers contained in the Serious Organised Crime and Police Act include allowing the police to apply for “multi-premises” and “all-premises” warrants, repeated entry warrants and for extending the lifetime of warrants from one month to three months.
The sweeping character of the new law again gives the lie to the claim that the ongoing assault on fundamental civil liberties is made necessary by the threat of terrorism. Rather the “fight against terrorism” is one plank of a campaign to instil fear into the population in order to encourage acceptance of ever more draconian powers for the state.
The other plank is provided by claims that crime is out of control and cannot be fought by using what Prime Minister Tony Blair decried as “Dickensian” legislation. Home Office Minister Hazel Blears used the same type of rhetoric in her attempt to justify the new powers of arrest, insisting that they were necessary to create “a modern, efficient police service equipping frontline officers with the tools they need to fight modern crime effectively.”
Whatever excuse is given, the real targets of the repressive measures are the millions of working people who are suffering as a result of the pro-big business agenda of the government and are therefore seen as a growing social and political threat to the ruling elite.
In the run-up to Christmas, the Independent newspaper drew attention to another grave threat to civil liberties that highlights this fact.
Science editor Steve Connor wrote on December 22 that Britain is to become the first country in which the movements of all vehicles are recorded. By March, a new national surveillance system will be set up using a network of thousands of CCTV cameras that will be equipped to automatically read every passing number plate. Records of all 35 million number-plated vehicles travelling on all main roads and motorways will then be held for years on a central database installed alongside the Police National Computer in Hendon, north London.
Connor writes that the scheme, which has never been subject to parliamentary approval, is being “orchestrated by the Association of Chief Police Officers (ACPO) and has the full backing of ministers who have sanctioned the spending of £24m this year on equipment.”
More than 50 local authorities have signed agreements allowing the police to convert existing traffic cameras to the new system and agreements are also being brokered with the Highways Agency, supermarkets and petrol station owners. MI5 will also be able to access the data.
British workers suffer the heaviest levels of electronic surveillance in the world. Britain accounts for one fifth of the world’s CCTV cameras, with well over 4 million in operation--one for every 14 people. City residents can expect to be captured on CCTV up to 300 times a day.
[ wsws.org
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