Posts Tagged ‘open letter’

Reply to Our Open Letter on Universal Jurisdiction

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The Police Reform and Social Responsibility Bill was debated recently in the Commons. Within the bill is Clause 151: “Arrest warrants : Restriction on issue of arrest warrants in private prosecutions”, which gives the Director of Public Prosecutions (DPP) a veto over whether or not an arrest warrant can be issued for war crime suspects.

As part of our effort to defeat this change, we sent an open letter from Members of Reading PSC to Rob Wilson (Con), Member of Parliament for Reading East.

This is the reply from Rob Wilson, sent 23 December 2010:

Thank you for contacting me about universal jurisdiction.

I believe it is vital for Israeli Government Ministers for example to be able to travel to foreign capitals. A country such as the UK needs to be able to tell Israelis that their actions are not acceptable, and this would not be possible if their travelling to western capitals was prohibited. I do not think it is advisable to further reinforce a bunker mentality within Israel.

As you know, the United Kingdom has asserted universal jurisdiction over war crimes under the Geneva Conventions Act, and over a few other offences of exceptional gravity, because of our international obligations and our commitment to ensuring that there is no impunity for those accused of such crimes. This commitment is unwavering.

It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution, otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy. It is unsatisfactory that, as things stand, an arrest warrant for these grave offences can be issued on the application of a private prosecutor on the basis of evidence that would be insufficient to sustain a prosecution.

Currently, anyone can apply to the courts for an arrest warrant. That is a right that the Government wants to protect. However, because the evidence necessary to issue an arrest warrant may be far less than would be needed for a prosecution, the system is open to possible abuse by people trying to obtain arrest warrants for grave crimes on the basis of flimsy evidence to make a political statement or to cause embarrassment.

The Government’s has, after careful consideration, decided that it would be appropriate to require the consent of the Director of Public Prosecutions before an universal jurisdiction arrest warrant can be issued to a private prosecutor. The Police Reform and Social Responsibility Bill includes provisions to introduce this change. As such, I will not be signing EDM 108.

However, let me reiterate that this will interfere as little as possible with the existing rights of private prosecutors, and will not prevent them from initiating prosecutions for these offences where the evidence justified that course.

Thank you again for taking the time to contact me.

ROB WILSON MP
Member of Parliament for Reading East

“WHAT CAN I DO?”

It is important that you send a message to YOUR MP asking them to vote against the proposed changes. PSC have set up an easy to use e-tool to allow you to send a model letter to your MP: click here…

Background Information

OPEN LETTER: Universal Jurisdiction

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UPDATE #1 – Monday 13/12/10

The police reform bill debate started at 6pm, watch live on BBC’s Democracy Live or BBC Parliament on Freeview 81, Freesat 201, Sky 504, Virgin 612.

Also, a letter was published in The Guardian today: “Grave dangers in police reform bill” – signed by Baroness Jenny Tonge, Jeremy Corbin MP, Michael Mansfield QC, Betty Hunter, Hugh Lanning, Gerald Kaufman MP and many others.

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On Monday 13th December the Police Reform and Social Responsibility Bill will be debated in the Commons. Within the bill is Clause 151: “Arrest warrants : Restriction on issue of arrest warrants in private prosecutions”, which gives the Director of Public Prosecutions (DPP) a veto over whether or not an arrest warrant can be issued for war crime suspects.

As part of our effort to defeat this change, we have sent an open letter from Members of Reading PSC to Rob Wilson (Con), Member of Parliament for Reading East. The open letter appears below:

Dear Rob,

You are receiving this open letter on behalf of the members of the Reading branch of the Palestine Solidarity Campaign (PSC). We are sure you are aware of our organisation as you have met several of our members in the past to discuss our concerns about the treatment of Palestinians at the hands of the State of Israel.

Our organisation represents a wide spread of people in both Reading East and West. We are men and women. We are young and old. We are people of faith and no faith. We are the people of Reading.

We spend our time trying to raise awareness of the issues surrounding the catastrophe that has befallen the Palestinians, not because we enjoy it, but because we feel compelled by our conscience and simple human understanding and empathy to do so.

We understand that you are planning to support changes to the current Universal Jurisdiction laws in the UK. As we are sure you are aware, the current position is that a private individual may apply to a magistrate for an arrest warrant if a war crimes suspect is visiting the country or a visit is anticipated.

The issue of an arrest warrant for a war crime is decided only by specialist and legally qualified magistrates. In any case, the consent of the Attorney General is currently required for any prosecution to go ahead, but, in the absence of consent, a warrant may be issued if the magistrate considers that:

  1. there are reasonable grounds to suspect that an offence under such legislation has been committed;
  2. admissible evidence has been presented which (if uncontradicted) establishes the elements of the offence alleged;
  3. s/he has jurisdiction to issue the warrant and has ruled out the immunity of the suspect.

Any belief, therefore, that arrest warrants have ever been – or can still be – issued with little or no evidence to support a legitimate prosecution is a fundamental misconception of the existing law. If you think otherwise, we invite you to cite a single case in which an arrest warrant has been issued under Universal Jurisdiction law which could reasonably be considered an abuse of the existing system.

In the case of visiting Israeli ministers or leaders, the Goldstone Report, accepted by the UN, concluded that war crimes had been committed in Gaza by Israel during Operation Cast Lead in December 2008 – January 2009. It is not surprising, therefore, that a senior magistrate found there was enough evidence to warrant the arrest of former Israeli Foreign Minister Tzipi Livni had she visited the UK.

The argument that we must allow elected ministers to visit the UK and be immune from our laws in order to engage them diplomatic talks is misleading. There is nothing, for instance, to stop British ministers from visiting the home countries of suspected war criminals where they are immune from prosecution. Additionally, the serving Prime Minister, Foreign Minister and Minister of Defence of any sovereign country can visit the UK under the principle of sovereign immunity.

Any attempt to involve the Attorney General in the decision to issue the arrest warrant would be a regressive step in many ways. You must surely agree that the independence of the judiciary in the UK from political interference is critical. In fact, your voting record, Rob, proves this. In the past you voted against giving Ministers the right to intervene in inquests. But you apparently now think that the Attorney General – not exactly a wholly independent branch of Government – should have the right to intervene in cases brought by private individuals against people reasonably suspected of war crimes. How do you explain or justify this stance given that there is no case that you can cite where an arrest warrant was issued under the principle of Universal Jurisdiction which was not a valid use of the legal process?

Having to wait for an Attorney General decision on issuing an arrest warrant will simply allow suspected war criminals time to flee the country as well as the possibility of political interference in the rule of law.

Our views are not outlandish. They are supported by many other respected Human Rights organisations such as Amnesty International, Human Rights Watch, International Federation for Human Rights, Global Witness, Justice and REDRESS who issued a joint statement saying they were:

“… gravely concerned that any changes to existing law and procedure will undermine the capacity of victims of serious international crimes to hold accountable alleged perpetrators who come within the UK’s jurisdiction by making all arrest decisions in such cases subject to political considerations rather than being based on the legal merits. Suspects may therefore find a safe haven in the UK, and the already considerable barriers to bringing such suspects to justice will be heightened.

Instead of making it more difficult to arrest with a view to prosecuting such suspects, the UK should be seeking to enhance its capacity to do so, and mooted legislative changes are a step entirely in the wrong direction.”

The Conservative party itself advocates the Big Society, a society where power is removed from a central political entity, and given to local people and communities. It seems it is fine for the general public to on the one hand ‘share the pain’ of budget cuts, but on the other they can not be trusted to share the responsibility of holding war criminals to account. A responsibility which you apparently wish to now restrict to a small but elite minority in Government.

In the the past the point has been made to us by you, Rob, to different members of our organisation, at different times, that not enough ‘pressure’ is being applied on parliament on the issues that we discuss with you. Please consider this letter as pressure. Please also consider the fact that the major Human Rights related organisations in the UK do not support any change to Universal Jurisdiction as pressure – and we know that they are undertaking to lobby MPs across the political spectrum. Consider the fact that no one has yet produced any example of a case where the existing Universal Jurisdiction law can be said to have been abused as further pressure upon your judgement.

We implore you to oppose any change to the law on Universal Jurisdiction on behalf of the people of Reading. We believe this is an issue that fundamentally alters the moral integrity of our country, and could well call your personal integrity into question should you support the changes.

Kind Regards,
Reading PSC
info@readingpsc.org.uk
http://readingpsc.org.uk
Sent via email @ 3.40pm Thursday December 9th, 2010

  • All replies to this letter will be posted on the Reading PSC website.
  • The Open Letter will also be sent to Alok Sharma, Member of Parliament for Reading West.

“WHAT CAN I DO?”

It is important that you send a message to YOUR MP asking them to vote against the proposed changes. PSC have set up an easy to use e-tool to allow you to send a model letter to your MP: click here…

Background Information

Labour Party Reply to Our Open Letter to Reading’s PPCs

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From Anneliese Dodds, Labour Party candidate for Reading East:

Date: 3 May 2010 11:30

Thank you for your email and my apologies for the delay in response.

I have long been concerned about the situation in Palestine, and helped organise a vigil last year to commemorate all those who had lost their lives in the Israeli attacks on Gaza, which of course demonstrated a horrendously disproportionate death toll between Palestinian and Israeli victims of the violence.

I think I probably on balance agree with all the points in the statement, definitely with 1-3 and number 6. I should however be open with you and let you know that I have not been a supporter of my own trade union’s approach to this issue (AUT/UCU), which has involved (in the past albeit not now) in trying to propagate a ban on the employment of Israeli staff in universities as a protest against the violence against and oppression of Palestine. In my experience many Israeli expats are the most vociferous opponents of their regime, and while bans on goods may be acceptable as a form of boycott, I am unwilling to see the prevention of free circulation of people who are often critics of the more hard-line elements within the Israeli regime.

Thank you again for raising this matter with me. Please, do not hesitate to contact me again should you ever wish to raise any other issues.

Best wishes,

Anneliese

Green Party Reply to Our Open Letter to Reading’s PPCs

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From Rob White, Green Party candidate for Reading East and Park Ward

Date: 1 May 2010 19:14

Thanks for your e-mail. I am happy to signup to all of your pledges to end the injustice in Palestine.

For more information about the Green Party see our manifesto:

http://www.greenparty.org.uk/policies.html

If you would like to get involved with the Green Party elections campaign in Reading East — more decent affordable housing, tackling crime and antisocial behaviour and better public transport walking and cycling facilities — and Park Ward — at the last local elections we were just 20 votes from getting our first councillor in Reading — or if you would like to be added to our monthly e-mail newsletter please get in contact.

Fair is worth fighting for!

Best wishes
Rob White

Green Party candidate for Reading East and Park Ward

http://www.readinggreenparty.org.uk

http://www.facebook.com/robforeast

http://bloggyblanc.blogspot.com

http://twitter.com/bobbyblanc

http://uk.linkedin.com/in/bobbyblanc

0118 9667183 or 0798 5923938

22 Cumberland Road, Reading, RG1 3LB.

Liberal Democrat Reply to Our Open Letter to Reading’s PPCs

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From Gareth Epps, Liberal Democrat Party candidate for Reading East:

Date: 29 April 2010 10:24

Thank you for getting in touch with me on a subject that is close to my heart, and one on which I want to speak out in public if elected.

I am a founder member of the Liberal Democrat Friends of Palestine, and have worked closely with them to promote the Palestinian cause that is articulated more frequently by ourselves than by the other main parties.

I was privileged to be asked to speak at the Pakistan Community Centre in January 2009 during the Gaza crisis, I condemned without equivocation Israel’s murderous actions in Gaza at that time, as well as the blockade and the wider repression of Palestinians in Gaza and the West Bank.  I attended local Gaza vigils.  I strongly supported Nick Clegg when he called for the suspension of the EU-Israel Association Agreement – the only political party leader to do so.  I am a Patron of the Friends of Wadi Fuqeen (http://wadifuqeenfriends.com/) and support their fundraising activities locally.

In Reading Borough Council last year, I successfully moved an amendment to a motion on Gaza that makes explicit Reading’s support for the Palestinian cause, and condemns Israeli brutality and collective punishment towards the Occupied Territories.  A report can be read at: http://www.getreading.co.uk/news/s/2043883_strong_emotions_on_gaza_conflict

I feel passionately that it is high time the Israeli Government was brought to book for its repeated breaches of international law.  As Reading East’s MP I would stand up to the hysteria of sections of the pro-Israel lobby and point out that it is in the interests of friends of Israel, as well as friends of Palestine, to see peace and justice in the Occupied Territories.  I want to see an international lead taken by a British Government that has been shamefully weak to end the illegal building of settlements, end the siege and end the occupation.

Sometimes issues are too important to be left to others, especially when it is necessary to stand up to bullies.  This is one of them.

I wholeheartedly agree with all pledge commitments the and sign up to them.

I hope this helps – if you’re in any doubt about anything I have said or want to raise anything else with me, then please let me know.

Yours sincerely
Gareth Epps
Liberal Democrat Prospective Parliamentary candidate for Reading East
Printed by Parkglobe Consultants Limited, Avenue House, Chichester, West Sussex,
PO19 1ES.  Published and promoted by Coling Lawley, 26 Farriers Close, Woodley RG5 3DD.

Best wishes

Gareth Epps
Liberal Democrat councillor for Katesgrove ward

Please note that my phone number has changed – it is now 0118 327 8582.

Open Letter to Reading’s PPCs

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Reading PSC has joined National PSC’s Make Palestine The Issue Campaign.

The letter below  was sent to Reading’s prospective parliamentary candidates today.

Dear All,

This is an open letter to the PPCs in Reading.

I’m writing to you on behalf of Reading Palestine Solidarity Campaign. (http://readingpsc.org.uk).

We are a local group which is an affiliated branch of the National PSC which was founded in 1982.

The indigenous people of Palestine were dispossessed of their land more than 60 years ago to create the state of Israel. The land that was left to them – the West Bank and Gaza – was invaded by Israel in 1967 and has remained under a brutal and illegal occupation ever since. Justice for the Palestinian people is long overdue and, for many people in this country, including myself, it has become a key election issue.

I would like to know whether you would be prepared to stand up for the human rights of Palestinians, and lobby for pressure to be put on Israel to comply with international law, should you be elected to the next Parliament.

I also ask you to sign the Palestine Solidarity Campaign’s six election pledges, below.

If elected to Parliament, I will:

  1. Call on Israel to end its violations of international law, including ending its illegal occupation of the West Bank and Gaza
  2. Oppose any attacks on universal jurisdiction and bring those responsible for Israeli war crimes to justice
  3. Work to end the siege on Gaza
  4. Call on the government to ban the import of settlement goods
  5. Call on the government to suspend the EU-Israel Association Agreement
  6. Call for an end to Britain’s arms trade with Israel

Please see the link below for a briefing which explains the points above in more detail:

http://www.palestinecampaign.org/images/website/PSC Briefing 2010 General Election.pdf

We will be making this letter public on the Reading PSC website and any replies will also be posted onto the website.

I look forward to hearing from you in advance of the election date.

Kind Regards,

.

Sent to:

We will be posting responses to this letter on our site as they arrive.

Please take this opportunity to send your own letter by email using the tool provided by PSC, just enter your post code:

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