Newsmedianews | Northern Ireland - a perspective by Sean Mc Aughey

by Sean Mc Aughey
Sean Mc Aughey is a former University of Ulster Student's union President and has worked in public relations.
He is now a freelance journalist and a regular contributor to the Blanket, which describes itself as “a journal of protest and dissent”.
His material is published unedited on this page.
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USA Presidential Election 2024
06 Nov 2024; posted by the editor - Opinion, United States

The world outside of the USA formed and helped develop the United States into what it now is.

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Julian Assange’s extradition hearing marred by barriers to open justice printable version

10 Oct 2020: posted by the editor - Human Rights, Journalism, International, United States, United Kingdom

By Reporters Without Borders
After monitoring four weeks of evidence in the US extradition proceedings against Wikileaks publisher Julian Assange, Reporters Without Borders (RSF) reiterates concern regarding the targeting of Assange for his contributions to journalism, and calls again for his release.

Expert testimony highlighted the political nature of the case against Assange, the US government’s lack of evidence for alleged harm caused, and urgent humanitarian concerns related to Assange’s physical and mental health. RSF also documented extensive barriers to open justice, which marred proceedings. The extradition decision is expected on 4 January 2021.

“We are alarmed by what we have witnessed in the US extradition case against Julian Assange. We firmly believe Assange has been targeted for his contributions to journalism, and the case against him is clearly a political application of the Espionage Act - which should present a bar to extradition. We also have serious humanitarian concerns, which make Assange’s extradition a possible matter of life or death. Finally, we have concerns about extensive barriers to open justice, which made it nearly impossible for us to do our jobs as NGO observers and monitor proceedings. We call again for the charges against Assange to be dropped, and for him to be immediately released - and certainly not extradited to the US,” said RSF’s Director of International Campaigns, Rebecca Vincent.

Barriers to open justice
Despite severe restrictions imposed on observers by the court, RSF was the only NGO to monitor the evidentiary portion of the US extradition proceedings against Wikileaks publisher Julian Assange, from 7 September to 1 October at the Central Criminal Court (the Old Bailey) in London. With interventions from diplomatic missions and political observers, and support from grassroots activists who helped hold places in the queue from the early hours each morning, RSF representatives were able to access the very few seats made available in the public gallery of the overflow courtroom for most sittings of the 18 days of proceedings.

RSF has been in correspondence with UK government officials as well as the court about access to proceedings against Assange since the start of the year. This was first in relation to the first week of proceedings at Woolwich Crown Court in February, in which legal arguments were heard, then with regard to remote access to administrative hearings that took place between March and August, and finally seeking physical and remote access to the evidentiary portion of the extradition hearing in September. At each stage, the court has refused to recognise the role of NGO observers as any different to the public or make specific provisions to allow for professional monitoring of proceedings.

RSF was able to monitor all sittings in proceedings at Woolwich Crown Court from 24 to 27 February only by queuing outside the court for hours each morning, in winter weather, from as early as 5:30 am, to gain access to the 14 spaces made available to members of the public in the public gallery. RSF also attempted to remotely monitor each subsequent administrative hearing via a telephone conference system that was not fit for purpose. When it worked, the quality of the audio connection was insufficient to properly follow proceedings. On three occasions (4 May, 27 July, and 14 August), the court failed to connect the line at all, leaving journalists and observers on hold.

In a letter to RSF dated 4 September, Secretary of State for Justice and Lord Chancellor Robert Buckland stated: “I’m sorry to learn of the issues that NGOs encountered whilst trying to access hearings at Woolwich Crown Court and Westminster Magistrates’ Court,” as well as “I do accept, and apologise that errors were made by Westminster Magistrates’ Court on three occasions where the conference telephone line was not connected to allow accredited media access to proceedings.” Buckland noted that a video platform would be used to allow accredited members of the media access to the hearing virtually, and that the public gallery would be open for members of the public and observers, on a first come, first serve basis.

On 1 September, RSF had been notified by a court official that “the Judge has now confirmed that observers, trial monitors and other interested parties can attend the hearing virtually via the Cloud Video Platform (CVP).” RSF was later told that only one representative per organisation could be registered, after which registration for Director of International Campaigns Rebecca Vincent was confirmed.

However, at the start of proceedings on 7 September, RSF received a further communication from the court, stating: “The judge has regretfully decided not to grant requests for members of the public to attend the Julian Assange hearing via CVP...she is concerned about her ability to maintain the integrity of the court if members of the public are able to attend the hearing remotely.” On 8 September, Vincent nonetheless attempted to access the CVP via the link that had been provided, and was admitted to the waiting room before being removed and unable to log in again. Amnesty International and other NGOs also reported having their access revoked, along with a number of political observers.

This meant that the only way for NGO observers to monitor proceedings was to gain access to one of the very few spots in the public gallery of the overflow courtroom, next to the courtroom where proceedings were taking place. RSF observers could only view a small television screen from across a large room, on which it was often not possible to see who was speaking or even whether the judge was sitting. It was not possible to clearly see Assange in the glass dock he was held in at the back of the courtroom, or assess his well being, whether he could adequately follow proceedings, or if he could communicate easily with his legal representation - all of which had been issues in the February proceedings.

Due to Covid distancing measures, the court made five spaces available to members of the public, in a gallery with a total of 36 seats. Communications from the court repeatedly stated that these would be allocated on a first come, first serve basis - however this was not respected in practice. For nearly three weeks of proceedings, three seats were held back for unspecified “VIPs” for the first hour and a half each morning, and the first half an hour each afternoon, meaning that often only two members of the public (including NGO observers) were present in the courtroom. After RSF learned that the VIPs were in fact diplomats who were unaware these seats were being held for them, diplomatic intervention with the court finally resulted in all five seats being made fully available to the public from 24 September.

Technical problems also plagued proceedings, particularly during the first week. Hours of scheduled witness testimony were lost due to the court’s inability to connect witnesses remotely via video. When the system was working correctly, audio problems such as a lag in the connection or reverberation sometimes still made proceedings difficult to follow. At one point the audio feed to the overflow courtroom cut for around 10 minutes, meaning the press and observers missed an important argument over whether evidence would be accepted from Khaled El-Masri, a witness for the defence who was found by the European Court of Human Rights to have been mistakenly abducted by the Macedonian police and subjected to torture at the hands of the US authorities.

Expert testimony
A total of 47 witnesses gave evidence to the court (44 for the defence and three for the prosecution); 22 of these testified in person, and the others had their statements read into the record. Evidence focused on a wide range of aspects of the case, including the motivation in the case against Assange, the circumstances of the publication of leaked documents, technical aspects of how the documents were accessed, what sentencing Assange would likely face in the US, surveillance measures targeting Assange and his visitors at the Ecuadorian Embassy in London, his state of mental and physical health, and what detention conditions he would be subjected to in the US.

Crucially, the prosecution - for the US government - failed to produce any evidence of actual physical harm caused to anyone as the result of Wikileaks’ publication of leaked documents, severely undermining their claim that Assange knowingly put sources at risk. Testimony from Khaled El-Masri argued that to the contrary, the information published by Wikileaks exposed the atrocities to which he was subjected and has served as important evidence in his pursuit of justice.

Pentagon Papers whistleblower Daniel Ellsberg gave powerful testimony about the political nature of the case against Assange, whom he emphasised would not get a fair trial. He stated that he had not received a fair trial, and no one convicted under the Espionage Act could as it lacks a public interest defence. He rejected attempts to portray the Pentagon Papers as “good” and Wikileaks as “bad,” drew similarities between the two cases, and expressed solidarity with Assange. Noam Chomsky’s statement, read into the record, similarly emphasised the political motivations in the case against Assange - a sentiment echoed by several other witnesses.

Journalist John Goetz testified that Wikileaks had republished the unredacted diplomatic cables, which had been published in the first instance by website Cryptome and a number of media outlets. None of these outlets have faced adverse legal consequences for publishing the documents - only Wikileaks. A statement read into the record by Cryptome founder John Young confirmed that the unredacted files remain on the website to this day, and that Cryptome has never been approached by US law enforcement suggesting their publication was illegal.

Among the most alarming evidence was from several medical experts who testified about Assange’s state of mental and physical health, making clear his vulnerability and strengthening the case for his humanitarian release. Professor Michael Kopelman and other experts gave evidence on Assange’s severe depression, frequent suicidal thoughts, auditory hallucinations, PTSD, anxiety, and sleeping disorder. They emphasised that if extradited to the US, Assange was very likely to attempt suicide. Dr Nigel Blackwood, for the prosecution, did not dispute these conditions, but attempted to downplay their severity and argued that he believed Assange could control his suicidal impulses in US detention.

Dr Sondra Crosby echoed serious concern for Assange’s mental health, and agreed with the medical findings of UN Special Rapporteur on Torture Nils Melzer’s report, emphasising the psychological trauma Assange had experienced. She also expressed serious concern about Assange’s physical health, particularly noting that his osteoporosis left him at high risk of suffering fractures if extradited to the US, also increasing his risk of mortality.

A number of experts spoke of Assange’s autistic traits, and the prosecution attempted to argue that Assange’s ability to speak at events or give media interviews was inconsistent with his Asperger’s diagnosis - a notion countered by several witnesses.

Former US bureau of prisons employee Maureen Baird painted a chilling picture of the inhumane conditions Assange could face if subjected to Special Administrative Measures in detention in the US, including extremely limited human contact, possible solitary confinement for up to 23 hours a day, recreation only in another cell, and phone calls to his family only once a month. Defence attorney Yancey Ellis testified on specific conditions in the Alexandria Detention Center, where Assange is likely to be detained if extradited - the same facility in which Chelsea Manning attempted suicide.

Next steps
At the end of the evidentiary portion of proceedings, the judge granted the defence four weeks to submit a written closing argument, after which the prosecution will have two further weeks to respond. The extradition decision is set to be given in a hearing at the Old Bailey at 10 am on 4 January 2021. Assange is next due to appear before the Westminster Magistrates’ Court for a callover hearing on 29 October.

RSF will continue to monitor proceedings in the case against Assange and will ask the court to reconsider its position on access for professional NGO observers, as the court’s failure to recognise and accommodate this role presents serious concerns for open justice.

RSF’s #FreeAssange petition remains open, following a malicious spambot attack intended to undermine the campaign. RSF will attempt again to deliver the petition to the UK authorities before the 4 January hearing, following 10 Downing Street’s refusal to accept the first 80,000 signatures on 7 September. In the meantime, RSF continues to campaign for Assange’s release.

The US and UK are respectively ranked 45th and 35th in RSF’s 2020 World Press Freedom Index.

Tags: Julian Assange extradition

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Friday, January 14, 2005
Leading Human Rights Solicitor "Shut Down” by Law Society
Society claims ‘substantial history of complaints going back ... years’
Exclusive report by Sean Mc Aughey
Sources and friends close to lawyer Padraigin Drinan are saying the official reasons behind an enforced closure by the Law Society of the offices of Ireland’s foremost human rights defender and solicitor remains wide open for damaging speculation.

Former clients who contacted the Law Society say they were immediately re-directed to a voice mail inbox belonging to the Deputy Secretary; Suzanne Bryson who was unavailable.

On Wednesday a Law Society spokesman was asked if Ms Drinan’s certificate to practice been fully revoked. The spokesman described the measures against Ms Drinan as a “removal of her provision to practice.” and added that a full Law Society press statement on the matter would be available.

In a statement released on Friday, January 14, 2005, the Law Society said: “Ms Drinan has a substantial history of complaints going back a number of years. These have led to a series of decisions by the Law Society to bring proceedings against Ms Drinan before the Disciplinary Tribunal, established for this purpose by the Solicitors (NI) Order 1976, as amended. The Disciplinary Tribunal operates independently of the Law Society.”

However, no clarrification of the substance or nature of the ‘complaint’ was given. The statement continues: “Complaints against Ms Drinan came before the Disciplinary Tribunal in May 2004. On considering the evidence presented by the Law Society, the Tribunal found that the complaints had been duly substantiated. It may be helpful to explain that in addition to imposing certain fines and costs penalties, the Tribunal Order records as follows; ‘The Tribunal noted with regret the Respondent’s (Ms Drinan) previous history of proven complaints before the Tribunal which were all similar to the complaints today. They formed the view that the Respondent was not functioning at any acceptable level as a single practitioner and that in the interest of the public and the Respondent herself, they are ordering that she is restricted from practising on her own account or in partnership. She may accept employment from another solicitor provided they have at least seven years post qualification experience. The Tribunal also orders that she shall not work in any practice using her name on the title or as one of the principals.’ The Tribunal were prepared to defer the implemantation of the Order for a reasonable period to allow Ms Drinan to make alternative arrangements. This deferment initially applied until September 2004 with a subsequent deferral to a date than fixed by the Tribunal at 6 January 2005.

“As and from that date, Ms Drinan is not entitled as a matter of law to practise on her own account. If she continues to do so, she will not only be in breach of the Order of the Tribunal, but will also be committing a criminal offence. In these circumstances the Law Society is under an obligation to see that the terms of the Tribunal Order are complied with.

“Ms Drinan is not inhibited from practice as an employed solicitor.

“The inability of Ms Drinan to continue in practice on her own account is not an action taken by the Law Society but is a function of an Order made by the Disciplanary Tribunal. Ms Drinan has not to our knowedge at any time sought to contest or appeal the Orders made by the Disciplinary Tribunal.” The statement was signed by Don Anderson, for the Law Society.

An informed source close to Ms Drinan said it was believed that as a result of her civil rights involvement she was seen by the establishment as an embarrassing and troublesome ‘thorn in the side’ who had done nothing wrong other than to try to provide legal advice to those who could not otherwise afford it.

IRSP spokesperson, Terry Harkin described Ms Drinan as “someone who was on par with James Connolly especially in terms of helping the poor and the voiceless all over Ireland” and he asked “where will the most vulnerable in our society get legal help now ”?

“Padraigin Drinan,” he continued, “is a once in a lifetime heroine who ought to be recognized and elevated for her tireless work and not punished, bullied and intimidated by some of her colleagues, who have left her open to a humiliating whisper campaign. ”

A Spokesperson for the Anti Racism Network described The Law Society’s actions as “questionable” and she asked where was the Law Society’s energy when legal immigrants were imprisoned with their children, being bombed from their home or loosing their legs due to frostbite. The immigrants she said are only a small example of the many communities throughout Ireland who are indebted to Padraigin Drinan. ”

Padraigin Drinan speaking from her Belfast office said: “At this stage it appears that I am accused of being a poor business manager but not guilty of any financial impropriety. I have been instructed also that I must amalgamate with other solicitors. ”

But she added: ”I am heartened by the hundreds of calls from well wishers and supporters from all over the world including a call from among others, Gareth Pierce.”
background items

Thursday, 28 October 2004
Féile an Phobail, West Belfast
By Sean Mc Aughey
The West Belfast community was demonised for many years by both the establishment and the media and this reached fever pitch in March 1988 as a result of the tragic events which followed the SAS killings of three unarmed IRA volunteers in Gibraltar. In reaction to this unparalleled negative and damaging portrayal of the West Belfast community, local groups and their MP, Gerry Adams, decided to organise a festival. Its purpose was to celebrate the positive side of the community, its creativity, its energy, its passion for the arts, and for sport. And it aimed at providing events and entertainment at a price that the majority of the community could afford.

*1 The West Belfast Féile which is entering its 17th year is the largest community (people) powered festival in Europe. It is internationally regarded as a ten day long festival "on par" with the best community festivals in England and Ireland. The Féile includes, a colourful carnival parade, discussions, debates, concerts, exhibitions, children's events, i.e street parties, bouncy castles etc, sports, literary and drama events, Féile radio, widespread community events on a street to street, pub to pub basis and various political, cultural or historical tours and walks.

The Festival aims to provide events of interest for everyone at a price that the majority of the community could afford while simultaneously serving also to elevate a positive West Belfast self image contolled by its people despite the forces acting against the people and the official resources denied them. The Féile continues to grow into a major tourist attraction. The August Féile continues also to easily attract "top of the range" participation from local and International entertainers, artists and commentators. This year's Féile line up included, Arthur Scargill leader in 1984 of the National Union of Mineworkers presenting The 10th Annual Frank Cahill Memorial Lecture and The P.J. McGrory Memorial Lecture - Long Road to the Truth delivered by Mrs Geraldine Finucane who was shot and wounded at the time of her husband Pat's, assassination 15 years ago. Top British band Big Brovaz, Irish Traditionalist singer/songwriter, Donal Luney and Andy Irvine, Christy Moore and Declan Sinnott, novelist Roddy Doyle, comedian Rich Hall and Bob Marley`s band, the Wailers demonstrating that the Feile is going from strength to strength and most definitely growing in popularity not only among the audience but the artists, as well. The choice of August for the Féile by the West Belfast Community and many other Republican communities like Ardoyne and New Lodge is pertinent. Because, August 9th 1971, brought a re-introduction to nationalist areas of widespread house raids, arrests and imprisonment without trial or a release date. The yearly anniversary of Interment was previously marked in the community by a display of bonfires of defiance. But, the bonfires provided the RUC and British Army with the ideal opportunity for provaction and delivered in British terms "a fool proof" excuse for the entire "Mechanism of the State" to "justify" any injury or death perpetrated by State violence and especially the use of plastic bullets, when framed within the same context of a nationalist bonfire.

Teenager shot dead returning home from Internment night bonfire.
The DPP refused to initiate proceedings on the grounds that it was impossible to establish which RUC officer fired the fatal shot. The jury found that at the time of Seamus' killing that he was not engaged in any rioting and that there was no rioting at the time of his killing.

*2 "The fatal shot" that killed 15 year-old Seamus Duffy from the Oldpark area was fired from a passing RUC patrol on August 9th 1989. The plastic bullet crushed his heart and tore a four-inch laceration in his left lung.

*3 Seamus Duffy was returning home from an internment night bonfire and there was no rioting in the area. The initial RUC response indicates according to The Relatives for Justice group, the RUC believed Seamus Duffy did not die as a result of being hit by a plastic bullet and that they would appoint a 'top policeman' to investigate the exact circumstances of the death.

*4 Secretary of State, Peter Brooke said: 'There are no grounds for suggesting their use (Plastic Baton Rounds fired by RUC officers) last night was other than in accordance with the law'.

*5 Darkness
Over a very short period of time, bonfire culture in most Republican communities has been easily transformed to the community-orientated ethos that permeates participative festivals. Bonfires were already long since stigmatised as negative and destructive by the collective wisdom and experience of the community and most especially by those members of the community who vividly recall how life once was before the bright lights and colour of the Féile. A time, when, West Belfast was in darkness because the various combatants shut down the streetlights and fear was a way of life. The local dogs barking were for those of us making our way home hoping to avoid a beating from the British Army patrols, a most welcomed concert of sorts, alerting with pin point accuracy the exact location of the four, eight, 16 or 32 blackened faces of the British Army foot patrols in the area.

“Riddles' Field" - Daddy Makes A Dream Comes True (Thanks to the Féile)
When I reflect on the quality of life my teenage children are currently enjoying and compare this to my teenage days, I owe a lot to the efforts of the many people behind the West Belfast Féile who are continually raising the esteem of our people and enhancing our quality of life. There is clearly a massive gulf between my teenage days and that of my teenage children today in terms of confidence, opportunities and simply attending a concert by their favourite "pop stars" in West Belfast. This in itself remains a source of immense joy and pride. Especially, when I think about what used to be -"Riddles' Field", (Beechmount Leisure Centre) and look at the here and now concert venue, where teenage dreams are fulfilled. My daughters were in seventh heaven a few years ago at the Féile in "Riddles' Field" during a Westlife concert and then the Atomic Kitten concert. My teenagers' expectations are obviously higher today and undoubtedly more realistically obtainable thanks to the Féile. My children's confidence is part of the vibrancy that makes West Belfast Féile buzz. This buzz has been harnessed, channelled and most importantly of all, encouraged by the various F éile projects and events.

A Teenage Nightmare I hold by comparison to my children, a teenage tale of woe. One of my favourite Rock n' Roll bands in 1975, Showaddywaddy had agreed to play in Belfast at the ABC. I was all set for my face to face with my teenage "Top of the Pops" idols and unfortunately this was as near as I got. Showaddywaddy pulled the plug on the Belfast tour when news surrounding the murder of the Miami Showband reached their agents. I was shattered. The people responsible for killing the Miami Showband musicians were pro-British and some were also members of a British Army Regiment. Showaddywaddy were a Sheffield Band.

On the 31st July 1975, a Loyalist gang murdered three members of the Miami Showband. Tony Geraghty (23), Fran O'Toole (29), Brian McCoy (33). Two of the UVF gang were also killed, Harris Boyle, described as a UVF Major from Portadown, and Wesley Somerville, described as a UVF Lieutenant from Caledon, Co Tyrone. Two men from the Ulster Defence Regiment (UDR) were jailed for 35 years in connection with the murders of members of the Miami Showband. The Miami Massacre, a part of our past, had also a lasting impact for many engaged in the Arts and for one Belfast man the Miami murders would bring about his film debut.

Angel - Galway Film Fleadh Michael Dwyer: The thing that triggered Angel was the murder of the Miami Showband musicians...
Neil Jordan: Kind of. I was playing in a band and we used to travel up and down to Belfast and Derry and places like that and we'd be driving back late at night. It was in the 1980's when all those sectarian killings were happening. It was very black; you always presumed it wouldn't happen to you - that you were safe - and when the Miami were shot it seemed quite shocking. They were innocent and I felt totally numb I suppose and that put images in my mind. I like to write things with people in mind and I had written Angel with Stephen Rea in mind

*6 How are ye Jeffrey? - West Belfast Féile Talks Back
During the Féile Talks Back debate, a former IRA POW, Seanna Walsh—who was sentenced to twenty-two years when he was caught making explosives and mortar bombs— courteously welcomed The DUP's Jeffery Donaldson to the Féile debate. Mr Walsh then asked: “Jeffrey, when you talk about the IRA's capacity to make war, I can go out of here tonight with a couple of hundred pounds in my pocket and purchase the equipment to make Baltic Exchange/Canary Wharf type bombs. How are you going to remove that capacity? "

*7 The DUP man addressed the question in repetitive mantra. Seanna Walsh also said: "The point I was making was that I can produce homemade explosives and mortars. You cannot decommission that knowledge. What is more important is our commitment to peace and to politics. But all of the initiatives taken by the IRA to date have had absolutely no effect on the unionist community. Trust is a two-way street. We suspect that at the root of it unionists cannot deal with equality and sharing power and that the idea of republicans being in government was a bridge too far for them. Everything else is an excuse not to go there. ”

*8 The IRA and its weapons is being used as an excuse
About 24 hours after the Festival debate, Mr Gerry Adams, The West Belfast MP and President of Sinn Fein told PA News:
“ While I would not like to minimise what may be genuine fears and concerns within unionism, I do think the issue of the IRA and its weapons is being used an excuse.” The Sinn Fein president commended Mr Donaldson on his appearance at the festival and paid tribute to his colleagues on the committee, which organised the event. Mr Adams also said he would like to take part in a similar event in a loyalist area.

*9 Community Empowerment
Mr Adams sums up the spirit of the Féile in a sentence by saying he = would like to take part in a similar event in a loyalist area. Community festivals bring as in this case politicians face to face with the voter in the voter's home territory. The Shankill Road and East Belfast "Think Tanks" did likewise to enpower the community and expose the politicians. The voice of the community can be best heard at festival time.

References and sources used in this article:
*1 http://www.feilebelfast.com/ourhistory/
*2 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*3 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*4 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*5 http://www.relativesforjustice.com/victims/seamus_duffy.htm
*6 http://www.iol.ie/~galfilm/filmwest/fleadhjordan.htm
*7 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*8 http://news.bbc.co.uk/1/hi/northern_ireland/3543518.stm
*9 http://news.scotsman.com/latest.cfm?id=3D3300413

by Sean Mc Aughey