Slashdot Mirror


UK Seeks To Hold Terrorism Trial In Secret

hazeii (5702) writes in with news about a secret trial set to take place in England. 'A major terrorism trial is set to be held entirely in secret for the first time in British legal history in an unprecedented departure from the principles of open justice, the court of appeal has heard. The identities of the two defendants charged with serious terror offences are being withheld from the public, and the media are banned from being present in court to report the forthcoming trial against the two men, known only as AB and CD.'

47 of 240 comments (clear)

  1. Dear UK by Anonymous Coward · · Score: 5, Funny

    I know you may still be annoyed at the US for breaking away from the Empire. Attempting to lure them back by imitating their practices is however NOT a good idea.

    Sincerely,
    The rest of the world

    1. Re:Dear UK by Thanshin · · Score: 5, Insightful

      How do you know it's not a case so important and transcendental that absolute secrecy is required to protect British society as a whole?

      We only know it's a terrorism trial.

      Maybe AB downloaded a Justin Bieber song. Maybe CD whistled a Disney tune during a bus trip without paying the representation fees. Maybe AB is brown skinned!

      See? Now I'm afraid. I hope they have already been executed, just to be sure. Or sent to an american torture camp, to be exchanged for the next marine that's abducted by a pirate arab communist hacker terro-jihadist.

    2. Re:Dear UK by captainpanic · · Score: 5, Insightful

      I enjoy your sarcasm, but I will still answer your 1st question as if you were serious.

      How do you know it's not a case so important and transcendental that absolute secrecy is required to protect British society as a whole?

      Because the system on which our liberty and freedom is based is more important than some guys setting of a bomb, no matter how large the attack.

      We just cannot - under any circumstance - accept a situation that a government can capture, try and imprison people without ever having to be accountable for those actions.

      I could accept a situation where trial is postponed because of ongoing investigations against others, but the trial must be public. Heck, we (= the West) have been fighting regimes that did this in the past, saying we had to liberate the people from the oppression, etc. etc., and now we're doing it ourselves? Does not compute.

    3. Re:Dear UK by Anonymous Coward · · Score: 5, Insightful

      First it's once, then twice, and before you know it every single trial will be private. I still don't buy the whole terrorist defense we slap that tag on pretty much everything. Slap on the terrorist tag and you can pretty much ignore some unlucky fuckers basic human rights whether they;re guilty or not.

      I don't care if it was Adolf Hitler, it needs to be public because this one fucked up precedent. You do not want to let this happen unless you're fine with your kids and their kids dealing with it.

    4. Re:Dear UK by fustakrakich · · Score: 2

      ...Attempting to lure them back by imitating their practices...

      Wag the dog. The US never really broke away. They just rearranged the furniture a bit. God save the Queen!

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Dear UK by C0R1D4N · · Score: 2

      On the other hand, if they are not guilty at least their names won't be eternally linked to a major terrorism trial.

    6. Re:Dear UK by rich_hudds · · Score: 5, Insightful

      What a load of shit.

      Most Muslims in the UK are quite happy with the way things are. You really think they want to turn us into Pakistan?

      The 'UK School Trojan Horse Plot' is some hyped up nonsense based on a fake letter. Reminds me of the fake 'elders of Zion' hoax that still causes grief to Jews.

      Some nutters blew up a couple of buses 10 years ago and as a result of peple like tyou playing into their hands by over-reacting we have awful legislation like this.

      Islamic Extremism is not surging in the UK and don't bandy about your 'We' as if you represent me you ignorant arsehole.

    7. Re:Dear UK by mrchaotica · · Score: 2

      How do you know it's not a case so important and transcendental that absolute secrecy is required to protect British society as a whole?

      We don't know, because it's secret. AND THAT'S THE PROBLEM!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    8. Re:Dear UK by dryeo · · Score: 3, Interesting

      Here in Canada it is the government leading the safety thing and the people demanding privacy. They keep introducing legislation to give more powers to the police etc, things like being able to go to ISPs and demand names and the people keep screaming no. Terrorism, child porn and this time, cyberbullying. Unluckily the public slowly gets worn down, the new powers are attached to other legislation and it looks like they may succeed this time around.
      Thing is this government, who got voted in on a transparency promise, is the most secretive government ever and freaks out when their privacy is broken. The former Public Safety Minister (WTF?) accused everyone of being for child molesters while trying to pass his new law and then freaked when his public divorce proceeding, including how he was screwing the babysitter for 8 years, was publicized.
      They really seem to go on the principal that everyone is as crooked as they are.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    9. Re:Dear UK by Impy+the+Impiuos+Imp · · Score: 2

      The whole point of the modern trial system is to do things out in the public so anyone can look at it if they desire and check up on governmentt abuse.

      It is a hard-wrought lesson of history. Shame on modern political opportunists (who, in the US anyway) foresaw their emergence.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    10. Re:Dear UK by rizole · · Score: 3, Funny
      Oh it's surging alright...Only today someone of an Islamic persuasion smiled at me and said good morning! Outrageous!

      Then there's this other Muslamic guy I work with and had a perfectly ordinary conversation with where our views differed and he didn't try to convert me or anything!

      Surging I tell you, Surging!

      Why, at lunch I was in the staff room and there was a mix of people from different cultures and NO ONE mentioned Islam!!!! I couldn't believe it!!!

      So you can imagine what a breath of fresh air it was stumbling over your balanced, measured, calm and reasonable post.

      We need more of your kind of sanity around here.

    11. Re:Dear UK by Hypotensive · · Score: 2

      In fact arguably setting up such a secret court is actually a larger attack on our nation than any conceivable act of terrorism.

    12. Re:Dear UK by russotto · · Score: 2

      I know you may still be annoyed at the US for breaking away from the Empire. Attempting to lure them back by imitating their practices is however NOT a good idea.

      Ironicly, this is one of the REASONS the US broke away from the empire. That bit about a public trial in the Sixth Amendment wasn't put there because the founders had some theoretical idea that secret trials would be used to dispense injustice -- it was because they had experience with the British doing just that.

  2. Secret trial in UK "first in legal history" by Anonymous Coward · · Score: 2, Insightful

    Formally, UK legal history goes back to the coronation of Richard 1 in 1189. Practically, it goes back to the 8th century or so. This is (one of) the few trials in camera in the last 100 years, that's all.

  3. Not The First Time by mentil · · Score: 5, Informative

    for the first time in British legal history in an unprecedented departure from the principles of open justice

    Wrong

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Not The First Time by JMJimmy · · Score: 4, Informative

      I'm pretty sure they were referring to the MODERN justice system, ie post https://en.wikipedia.org/wiki/...

  4. Sigh by Xest · · Score: 2

    I guess we are following the Americans with their secret courts afterall. I was hoping we would avoid this.

    I don't even understand the rationale behind it, the whole thing has to be held in secret because even naming the defendants would risk national security, but if it can't be held in secret and the defendants are named the case has to be dropped? So what's to stop the defendants or their family going to the media to say they're the defendants to get the case against them dropped? It doesn't make any sense.

    At least it's still a jury trial if nothing else, but it begs the question as to how anyone outside the system can verify the jury isn't rigged.

    1. Re:Sigh by rogoshen1 · · Score: 5, Insightful

      My theory is because currently terrorism still has a bit of 'awe' factor behind it. Treating these cases like any other case would diminish that. The emperor has no clothes, and they are terrified at letting us see what precisely is going on, and what we're giving up civil liberties over.

      Terrorism is the vehicle by which the authoritarian elements in society (on both sides of the pond) can use to gain more power and exert control over the populace. Since 9/11 (and I'm sure 7/7) the state has granted itself more power at the expense of personal privacy.

      Allowing us to see that in reality it's not an extraordinary case, that plotting to murder people over ideology shouldn't be treated any differently than plotting to murder people indiscriminately -- takes that avenue away from them.

    2. Re:Sigh by 1s44c · · Score: 2

      If it's held in secret how can anyone be sure it's anything that remotely resembles a fair trail? Maybe the defendants don't even know what that are being charged with. Maybe they are not allowed lawyers.

      Secret trails are not the worst of this though. Since about 2005 the home secretary has the power to put anyone under house arrest indefinitely without any burden of proof. The UK government don't even need trails anymore.

      http://www.theguardian.com/uk/...

    3. Re:Sigh by mwvdlee · · Score: 4, Informative

      http://en.wikipedia.org/wiki/U...

      Because of the sensitive nature of its business, the court is a "secret court"

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    4. Re:Sigh by Thanshin · · Score: 5, Funny

      You don't know they brought back capital punishment. And if they told you, they'd have to kill you.

      Secretly.

    5. Re:Sigh by oobayly · · Score: 5, Interesting

      My theory is because currently terrorism still has a bit of 'awe' factor behind it. Treating these cases like any other case would diminish that.

      If that's the case, then we've gone backwards in the last year. I was incredibly relieved when the CPS decided to charge Lee Rigby's murderers with murder, rather than elevating them to terrorists. This meant that they could be shut down when they started sprouting their insane bullshit - which is what happened during the trial.

      When that happened, I thought we'd started to reach a turning point - that terrorism wasn't a simple way of getting us to agree with policies - and I haven't received or heard any of the ridiculous ACPO* "suspect your neighbour" leaflets. We do have an election coming up next year, so maybe that's the reason.

      The sane way to deal with this would be to charge them attempted murder, thereby making any political statements irrelevant to the trial.

      * The ACPO is tentatively a non-profit organisation, but they do like to lobby and earn cash for selling records at 11667% of cost (£70 for a 60p cost)

    6. Re:Sigh by rtb61 · · Score: 4, Insightful

      That is not the problem of a secret trial. The real problem of a secret trial is the presumption of guilt and the defendants must prove their innocence. That presumption of guilt is basically being "LOUDLY" and "PUBLICLY" declared tainting all possible juries. The trial has to be secret because they are guilty and 'er' 'um' because they are guilty. The judge in upholding the secrecy has publicly declared their guilt. So the trial is not longer a trial of guilt or innocence simply a secret declaration of an pre-agreed punishment to be handed out. The whole point of public trials to to force government to publicly prove it's claim because we don't fucking believe them until they do so and every time government fails to prove it's case it is because it is lying.

      --
      Chaos - everything, everywhere, everywhen
  5. against the two men, known only as AB and CD.' by Bob_Who · · Score: 4, Funny

    OH MY FG!

  6. Welcome back to the ABC days by AHuxley · · Score: 4, Insightful

    Recall when Duncan Campbell, Time Out reporter Crispin Aubrey and former SIGINIT operator John Berry faced witnesses from the UK intelligence community:
    Colonel 'B'. https://en.wikipedia.org/wiki/...
    The UK court system has reverted to 1977 and the Official Secrets Act 1911 to try and stop the press from reporting again. All this has been tested in the UK press and legal system before. Secret courts did not save the GCHQ from Time Out article "The Eavesdroppers".
    If the case is so "major" and is legally sound, let the press in to see the UK justice system at work. The same issues where faced over Ireland, UK gov staff working for the Soviet Union, the first super grass efforts (well connected informers getting reduced time).
    How a secret national security trial will legally challenged in open court after a conviction for the tactic of "major terrorism" will be interesting.

    --
    Domestic spying is now "Benign Information Gathering"
  7. Re:What did you expect? by jandersen · · Score: 5, Funny

    Oh give it a rest, will you? Queen were actually quite good, although their lead singer was a rather odd character.

  8. Haven't they heard of "parallel construction" by Kevin+by+the+Beach · · Score: 2

    Maybe they haven't quite perfected the "parallel construction" that our intelligence agencies coach US law enforcement on. You need a good cover story that establishes probable cause so that you don't need to rely on illegally gathered intelligence as evidence. Ship them to GITMO I hear there are a couple empty bunks. That will allow you to avoid those pesky civil courts all together.

    1. Re:Haven't they heard of "parallel construction" by boorack · · Score: 2

      Maybe. Other explanation that comes to my mind is UK does not want inconvenient facts to come out. Maybe they trained and sponsored those two terrorists to fight in Libya or Syria and this is too embarassing to become public.

  9. Secret courts are the stuff of dictatorships by Rosco+P.+Coltrane · · Score: 4, Insightful

    And the global dictatorship is slowly being pieced together.

    And citizens do nothing, amazingly. People with any knowledge of history should be scared shitless - I know I am.

    And soon it'll be too late to do anything about it...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:Secret courts are the stuff of dictatorships by Xest · · Score: 4, Insightful

      People are doing something, they're voting against the main parties.

      The problem is in the process they're leaning towards the lures of the far right like UKIP with it's populist lies.

      I find it incredible that the three main parties are running round like headless chickens screaming "Oh my god, we're losing votes to the far right, how do we stop this disease in our society!" yet remain completely oblivious to the fact that this sort of shit is exactly why people are flocking away from them en-masse.

      I want them to change course not simply because things like this sicken me as they did during Brown era authoritarianism, but because the fact they're pushing people into the arms of the far right is even more disturbing.

    2. Re:Secret courts are the stuff of dictatorships by FireFury03 · · Score: 2

      And the global dictatorship is slowly being pieced together.

      And citizens do nothing, amazingly. People with any knowledge of history should be scared shitless - I know I am.

      And soon it'll be too late to do anything about it...

      Short of a bloody revolt, what exactly can the citizens do about it?

    3. Re:Secret courts are the stuff of dictatorships by tomtomtom · · Score: 3, Interesting

      The senior judiciary appear to be pretty horrified by the prospect as well so there is perhaps some hope. See this article by Lord Phillips, who before he retired had been Lord Chief Justice, the Senior Law Lord and the president of the Supreme Court.

  10. Good skive for the Judge by stealth_finger · · Score: 2
    Just don't and say you did. "Oh those two guys, yeah they were guilty, the evidence was overwhelming but ya'know classified innit so I cant talk about it. Biiiiig secret"

    The two guys probably don't even exist, the Judge just wants to play GTA or something for a bit and not be disturbed in his secret court. Probably has pillow forts and everything.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  11. Re:What did you expect? by stealth_finger · · Score: 2

    What else could you expect from a country, reigned by the QUEEN? When you look things deep down, there are no democratical foundations in this country, there is only "because-I-can" principle. So don't expect human rights and fair trials.

    You do know the queen does little more than stand around looking pompous?

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  12. Re:What did you expect? by Noughmad · · Score: 5, Funny

    What else could you expect from a country, reigned by the QUEEN?

    I would expect it all, and I would expect it now.

    --
    PlusFive Slashdot reader for Android. Can post comments.
  13. Major Not by JimSadler · · Score: 5, Insightful

    It is obvious that we lost some wonderful and brave people on 9/11. We also lost some expensive buildings and the suffering of many people may ruin the lives of many families for life. Sometimes 9/11 is compared to Pearl Harbor. But in all seriousness 9/11 does not compare to Pearl Harbor at all. During that attack we lost ships and sailors and airmen that we would need to save our nation and the pain to our nation included the threat of loss of the nation. The 9/11 attack was not a major attack in that sense. I don't think many people viewed 9/11 as threatening to collapse the entire nation. The idea that for purposes of trial we label 9/11 as a major attack doesn't sit well with me. Yes, we do have a lunatic, cult like, group of incompetents who would like to crush us. But we see them more as idiots than a military threat. I think the term idiots is justified as none of the enemy will improve their place in life from the wretched little fight that these folks have put up. In the end these people live at our leisure. If they really were a "major threat" then we would have gone to the big weapons and simply erased them from the face of the Earth. Covert actions by our government may be far more dangerous than a bunch of religious primitives running about with AK47s.

    1. Re:Major Not by lisaparratt · · Score: 2

      9/11 compares to VE day. The problem is, the west is playing the role of Germany.

  14. Re:Maybe forr once they really have to keep it sec by Camael · · Score: 5, Insightful

    We are talking about a terrorism trial... There are more than only the defendants at stake.

    Invalid passport, copy of a booklet or even possession of illegal weapon are insufficient to prove that someone is a terrorist. There probably need some witnesses. ...

    And, pray tell, how do you know the accused are terrorists? That the government has clear evidence that they are terrorists? Or that there are any credible witnesses at all?

    You don't. In truth, you don't know anything at all. Because the whole proceedings are secret and hidden from you.

    The government could drag you before the same secret court tomorrow, and none would be wiser. Think about it before you so enthusiastically throw away your rights. Secret trials because of "terrorism" can be used to hide many sins and subvert inconvenient rights.

  15. Re:Sometimes? Rarely? by jbeaupre · · Score: 2

    Fair enough. Maybe he should have said secret trials. FISC is basically a warrant rubber stamp factory.

    I'm genuinely curious about he extent of secret trials in the US. My understanding is that there are restrictions when it comes to public trials for minors. Probably other situations. Where the boundaries are, I'm not sure.

    --
    The world is made by those who show up for the job.
  16. There is accountability by Bruce66423 · · Score: 4, Insightful

    There will be a jury - though one may be sceptical about how unprejudiced they will be - and the judge will be responsible for ensuring real fair play. The issue is, of course, about trust of these institutions given there is no chance for the gawping public to follow the details of the case. Given the inability of the public to accept jury verdicts when the they are 'sure' that the opposite answer is the right one, one has to doubt that the gawping public offers a great deal. I admit I'm thinking out loud here - I really don't know the right answer, I'm just not 100% sure 'open justice' really doesn't descend into witch hunting on a regular basis.

    1. Re:There is accountability by iapetus · · Score: 2

      Open justice means the people can see what the tabloid papers want us to think the people who are supposed to bring justice are doing.

      --
      ++ Say to Elrond "Hello.".
      Elrond says "No.". Elrond gives you some lunch.
    2. Re:There is accountability by AmiMoJo · · Score: 2

      That's missing the point. There are lots of trials where shoddy evidence or misconduct by the police or CPS came to light, but due to the way the system works could only be investigated afterwards and brought up in an appeal. Lots of people have been subsequently found not guilty on appeal thanks to various interested parties taking up their cause and finding new evidence on their behalf.

      For there to be proper scrutiny the evidence and testimony have to be made public. With a secret trial we don't even know what the prosecution's case is, and it becomes extremely difficult for the defence to refute some of it if they can't make it known publicly.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  17. AB and CD? by bistromath007 · · Score: 4, Funny

    This might be the most dangerous parallelogram in history!

  18. I think it is mad cow disease. by mbone · · Score: 3, Insightful

    Seriously. The last 20 years have seen British political life descend into the level of parody. Are we going to find out in another 20 years that the entire political class starting with Tony Blair was infected with some disease that ate their brains?

    By the way, it is not the case that England has never had secret trials before. There used to be the Star Chamber, (prior to 1398 to 1641) :

    Court sessions were held in secret, with no indictments, and no witnesses. Evidence was presented in writing. Over time it evolved into a political weapon, a symbol of the misuse and abuse of power by the English monarchy and courts.

    That did not end will, and neither will this.

  19. Why is this a crime in the UK? by timrod · · Score: 2

    In the article, it says that "AB" was charged with possessing documents showing how to make a bomb. I don't live in the UK, but I know in the US that it's completely legal to possess documents related to bomb-making, so long as no bombs are actually made or used. Hell, there are books in the US that will tell you how to make a nuclear weapon - but good luck getting your hands on any of the materials for it. As far as I'm aware, under the law in the US, I could download a tutorial on how to make a bomb and even draw up plans for a bomb and still not have committed a crime, so long as I don't make one.

    Why isn't this the case in the UK? You would think it would be a basic freedom of speech issue - and yes, I'm aware that the UK has no official freedom of speech law, but you would think that simply possessing knowledge could not be ruled illegal.

  20. Re:Maybe forr once they really have to keep it sec by dave420 · · Score: 2

    You don't seem to believe in it either, as you are willing to do away with it. You need some help.

  21. Re:Maybe forr once they really have to keep it sec by dave420 · · Score: 3, Funny

    Of course he doesn't - if he had enough mental capacity to realise that, he wouldn't be on slashdot showing the world what a hate-filled asshat he is, tilting at brown windmills that only exist mainly in the mind of him and his racist ilk.