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The New Print Edition of CounterPunch, Only for Our Newsletter Subscribers!

How Cops Extort Confessions;
How the U.S. “Justice System” Really Works

Ninety-two per cent of felony convictions in the U.S.  are obtained by plea bargains or confessions. Without them the “justice system” would grind to a halt. In an important piece in our latest newsletter, available only to subscribers, Emily Horowitz shows how totally innocent people will “confess” under police pressure, even without physical torture. Horowitz outlines the powerful case for banning confessions altogether. Also  in this new edition Marcus Rediker, co-author of the legendary  The Many Headed Hydra, writes of popular heroism and resistance in the favelas of Medellin, Colombia. Alexander Cockburn reports on how America’s oldest bank, patronized by the global elites, washed billions smuggled out of Russia, and how the Russians might win their money back, shaking the world’s banking system if they do so. Serge Halimi describes the real battle for the soul of Europe. Get your copy today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and gear make great presents.

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Today's Stories

August 4, 2008

Uri Avnery
Olmert's Exit

August 2 / 3, 2008

Alexander Cockburn
The Ongoing Persecution of Sami al-Arian

Jeffrey St. Clair
The Worst Day of Ted Stevens' Life?

Patrick Cockburn
Who's Really Running Iraq?

Winslow T. Wheeler
Is the King of Pork Dead?

James Abourezk
Lies the Oil Companies Peddle

Andy Worthington
The CIA's Secret Prison on Diego Garcia

Brian Cloughley
Baleful Imperial Power

Robert Fantina
Redefining Progress in Iraq

Benjamin Dangl
Total Recall in Bolivia

Marlene Martin
Living in Hell for Life

David Yearsley
The Sound and Fury of Wet Balloons Rubbed with a Big Sponge: Yes, Bill O'Reilly, This Your Kind of Music!

Fatemeh Keshavarz
What Qualifies "Them" for the Death Sentence?

David Michael Green Obama as Dukakis

Harvey Wasserman
Meet the Real Terrorists of the 1960s

Jason Hribal
Moja Has Mojo: How a Few Elephants Turned the Zoo Industry Upside Down

Phyllis Pollack
The Rolling Stones' Exile on Geary Street: an Interview with Rock Photographer Dominque Tarle

Laray Polk
Tongues of Fire, Plains of Grace: Remembering Hiroshima and Nagasaki

Ron Jacobs
Jerry Garcia Meets Barack Obama

David Macaray
Labor, Management and the Adversarial Relationship

David Rosen
Teen Prostitution in America

Dan Bacher
Schwarzengger's Water Empire

Joe Allen
Batman's War of Terror

Poets' Basement
Graham, Stevens, Cory and Fleming

Website of the Weekend
Get Your War On: the Watch List

August 1, 2008

Jonathan Cook
Palestinians Face Home Demolitions Spree by Israel

Nikolas Kozloff
McCain's Mad Dog Advisor Max Boot

Rannie Amiri
Islamobamaphobia: a New Word Enters the Lexicon

Peter Morici
U.S. Economy Loses Another 51,000 Jobs

Christopher Brauchli
South Dakota's Abortion Fairy Tale

M. K. Bhadrakumar
Coup in the Great Caspian Play

Patrick Cockburn
Turkish Court Says Ruling Islamic Party Can't be Shut Down

James J. Brittain
The Continuity of FARC-EP Resistance in Colombia

Dan Bacher
Warren Buffett, Salmon Killer

Website of the Day
Shark Genocide: 100 Million Deaths a Year

 

July 31, 2008

Michael Hudson
The Next Big Bail Out: State, Local and Private Pensions

Carl Finamore
Protest Politics and the Democrats: A Street Protester Looks Back at 1968

Mike Whitney
What's Going on in Afghanistan

Joshua Frank
Obama's Green Coal: Another Myth from the Change Agent

Andy Worthington
The Peculiar Case of Jarallah al-Marri

Ralph Nader
The Living Legacy of Rosa Parks

Bill Moyers /
Michael Winship
The Wave of Capitol Crimes

Robert Weissman
The Collapse of the WTO Talks

Dave Lindorff
Bush Judge Does the Right Thing on Executive Immunity

Website of the Day
Perils of the New Pesticides

July 30, 2008

Brian M. Downing
Assessing the Surge

Chuck Spinney
Should Obama Escalate the War in Afghanistan? A Thought Experiment

William S. Lind
Why McCain is Wrong on Iraq

David Ker Thomson
Against Bike Lanes

Karl Grossman
Nuclear-Powered Amphibious Assault Ships?

Mike Whitney
Apocalypse Down Under

Martha Rosenberg
Heifer Palooza

James Murren
Where Your Life is Worth One Bullet

Dave Lindorff
The Impeachment Hearing

Ron Jacobs
A Conspiracy to Kill Iraqis?

Website of the Day
Mapping Job Loss to China

July 29, 2008

Jeffrey St. Clair
King of the Hill Indicted! Ted Stevens' Empire of Corruption

John Ross
Return of the Gunboat

Peter Morici
When Will Henry Paulson Learn?

Alison Weir
Israeli Strip Searches

Gary Leupp
"Bewilderment and Confusion on the Left?"

David Macaray
The Calculus of Union Strikes

Brenda Norrell
Censored in Indian Country

Marjorie Cohn
End the Occupations: Of Iraq and Afghanistan

Eric Ruder
A New Consensus on Iraq?

Website of the Day
"If You Could See Me Now ... "

July 28, 2008

Dr. Bryant Welch
Torture, Political Manipulation and the American Psychological Association

Kathy Kelly
Pictures from Summer Camp on the West Bank

Mike Whitney
Bad News and Bank Runs

Peter Morici
Spreading Layoffs, Sagging GDP

Christopher Brauchli
Death by (Power) Surge in Baghdad

Clifton Ross
The Spectacle and the Movement in Colombia

Stephen Lendman
The Bush Administration's Secret Biowarfare Agenda

Website of the Day
Stone's Dubya: the Trailer

July 26 / 27, 2008

Alexander Cockburn
How Bush is Wiping Out McCain

Jeffrey St. Clair
The Politics of Alaskan Oil Spills

James G. Abourezk
The Surge Has Worked?

Joseph Nevins
Death as a Way of Life on the Borderlands

Uri Avnery
What's Driving the Jerusalem Attacks

Linn Washington, Jr.
Politics and Injustice in Philadelphia

David Yearsley
Sodomy, Snuff Scenes and the Berlin Opera

Binoy Kampmark
Socializing Losses: Bailing Out Fannie Mae and Freddie Mac

Saul Landau
Truth in Comedy: Stop Whining It's All in Your Head!

Joshua Frank
Big Sky Rebels

Brendan Cooney
Europe's Hypocrisy

Jonathan Cook
Settlers Eye Historic Jerusalem Neighborhood

Robert Fantina
McCain, Iraq and the Campaign

Lee Sustar
Will the US Get Its Way with Iran?

Michael Winship
The Company We Keep

David Macaray
Organized Labor Makes a Convenient Target

Missy Beattie
Pelosi's Panhandling

Robert Weissman
The Scourge of the IMF

Kim Nicolini
Batman and the Old Order

Poets' Basement
Orloski, Ford and McEnteer

Website of the Weekend
Bad Hoosiers

July 25, 2008

Harvey Wasserman
NRC: New Nukes Not Ready for Prime Time

Paul Craig Roberts
Are You Ready for the Facts About Israel?

Alan Farago
Where's the Outrage?

Paul D'Amato
The Arrest of Radovan Karadzic and the Selective Prosecution of War Crimes

Gary Leupp
War With Iran? State Dept. Realists vs. Cheney's Ultras

Niranjan Ramakrishnan
Eyes Wide Shut in India

Mike Whitney
Obama Dazzles Old Europe, While McCain Cries, "No Mas!"

Paul Krassner
Inside Camp Mogul

Mike Roselle
All Hail Nero!

Website of the Day
Pressing Starbucks

July 24, 2008

Greg Moses
Who Killed Azem Hajdari?

Andy Worthington
Folly and Injustice: Salim Hamdan's Guantanamo Trial

James Bovard
Daniel Ellsberg's Lessons for Our Time

Joe Bageant
Life in the Post-Political Age

George Wuerthner
Boondoggle in the Fields

DC Larson
Shutting Out Ralph Nader

William Willers
The Forest Products Industry in Public Education

David Macaray
On the Prospects for a SAG Strike

Website of the Day
Pacifica Radio Archive of 1968 Democratic Convention in Chicago

July 23, 2008

Winslow T. Wheeler
An Air Force in Free Fall

Paul Craig Roberts
The Mother of All Messes

Ralph Nader
Pavlov's America

Mike Whitney
Visualizing Dow 6,000

Susie Day
Senator Sicko: Jesse Helms and the Theatre of the Depraved

Website of the Day
"A Kinder and Gentler Machine-Gun Hand..."

July 22, 2008

Nikolas Kozloff
Ten Years On, Bolivarian Revolution at Crossroads

Patrick Cockburn
Boost for Obama Over Iraq Withdrawal

Soldz, Olson, Reisner Arrigo and Welch
Torture After Dark

Moshe Adler
Everyone Must Share, Not Just Charlie Rangel

Martha Rosenberg
Protecting Bones from Drugs that Protect Bones

Dan Bacher
Bechtel and the Big Dig

Harvey Wasserman
Is Gore Inching Toward Solartopia?

Anthony Papa
A Slugger's Drug Redemption

Binoy Kampmark
Mad Over Benedict

Website of the Day
Hiroshima: A-Bombed Objects

July 21, 2008

Ishmael Reed
Remnick's Latest Blunder

Mike Whitney
The Democrats are the Real Problem

Andy Worthington
Dictatorial Powers Upheld: the Meaning of the Al-Marri Decision

Scott Pellegrino
Should "Meet the Press" Desegregate?

John Ross
McCain Crosses the Border, Gets No Satisfaction

Robert Weitzel
Blowback Through the Looking Glass

Mike Stark
I was Spied on by the Maryland Police

Website of the Day
Pinky Solves the Illegal Immigration Crisis

July 19 / 20, 2008

Alexander Cockburn
It's a Dull Race

Jeffrey St. Clair
How to Beat a Mining Company: Why a Gold Goliath Threw in the Towel

Dave Lindorff
I Was a Victim of the TSA

Saul Landau
Obits for Opposites: Carlin and Helms

Ron Jacobs
Why Afghanistan is Not the Good War

Uri Avnery
Different Planet:the Israel / Hezbollah Prisoner Swap

Neve Gordon
The Untold Story of Ni'lin

Roane Carey
Dr. Benny and Mr. Morris

Robert Fantina
Ashcroft, Torture and the U. S.

Christopher Brauchli
The General Lied

Fred Gardner
Cannabinoid Researchers Won’t Take the High Road

David Macaray
Labor Unions and the Courts

Richard L. Hutto
The Ecology of Severely Burned Forests

Bill Moyers /
Michael Winship
Mother's Milk of Politics Turns Sour

Ronnie Cummins
Netroots Nation or Nation of Sheep?

David Yearsley
Opera and Globalization

Alison McKenna
A Close Call for Medicare

Wajahat Ali
The Dark Knight Ascends

Poets' Basement
Ko Un

Website of the Day
What If Edward Said Had Told This Joke?

July 18, 2008

Corey D. B. Walker
A Kinder, Gentler Imperialism?

Mike Whitney
Swan Song for Fanny Mae

Robert Bryce
Iran Rising

Mike Roselle
Ed's Chicken
: Fighting King Coal in Appalachia

Bouthaina Shaaban
U. S. to Mandela: Happy 90th and You're No Longer a Terrorist

Eve Spangler
The Deaths of Children

Website of the Day
Lowbagger Needs Your Help

 

July 17, 2008

Paul Craig Roberts
Airport Gestapo

James G. Abourezk
Big Oil's Raid on the Great Plains

Ralph Nader
D. C. Socialists Save Crashing Capitalists

Allan J. Lichtman
Conservative Denial

Andy Worthington"Screwed Up" and"Abused": Omar Khadr's Interrogations at Gitmo

Ronnie Cummins
Move Over MoveOn

 

July 16, 2008

Jeffrey St. Clair
Star Whores: How John McCain Doomed Mt. Graham

Paul Craig Roberts
War Crimes Paradox

Conn Hallinan
To the Edge in the Middle East

Dave Lindorff
Torture for Torturers?

William S. Lind
Running the Narrows in Iraq

Christopher Brauchli
Sweepstakes Politics

Website of the Day
History of Iraqi Art

 

July 15, 2008

Michael Hudson
Why the Bail Out of Freddie Mac and Fannie Mae is Bad Economic Policy

Brian Cloughley
Iran's Missile Tests

Patrick Cockburn
Sadr's Militia May Live to Fight Another Day

John Ross
Crunchtime for Mexico's Oil

Howard Lisnoff
When Torture Was Practiced on U. S. Soil

Website of the Day
Rachel Corrie Soccer Tournament

July 14, 2008

Uri Avnery
Will Israel and / or the US Attack Iran?

Paul Craig Roberts
Enabling Tyranny

Trish Schuh
Talking to Iran's Only Jewish Member of Parliament: an Interview with Morris Motamed

Patrick Cockburn
Immunity in Iraq

Mike Whitney
Betancourt Unbound

Alan Farago
Will Miami's Cubans Vote Blue?

Seth Sandronsky
Taxing U. S. Stocks and Bonds

Phyllis Pollack
Stones Paint It Black

Website of the Day
Our Pal in Butte, Jackie Corr, RIP

July 12 / 13, 2008

Alexander Cockburn
Lock and Load--It's the Law!

Jeffrey St. Clair
The Origins of the Western Greens

James Abourezk
Talking World War III Blues: From Dylan to Iran

Nicole Colson
The Ethanol Scam

Stan Cox
Fixing a Broken Agriculture

Ismael Hossein-Zadeh
Is There an Oil Shortage?

Wajahat Ali /
Omid Safi
The Future of Iran: an Interview with Iranian Nobel Laureate Shirin Ebadi

John Stauber
There May be a Left, But is it Moving? An Interview with David Sirota

Alan Farago
The Crash of the King of Liquidity

Missy Beattie
Dark Neighborhoods

Robert Fantina
Bush's Last Yes Man: Canada, Guantanamo and Yankee Poodles

Rannie Amiri
Mubarak Hires the Mosque

Gregory Kafoury
After the Obama Betrayal

Fran Shor
The Audacity of Hype

Martha Rosenberg
Why Heifer International is Rolling in Dung

David Macaray
Will There be an Actors Strike?

Andrew Wimmer
No Lies! No War!

Ron Jacobs
They Call Me the Seeker

Farzana Versey
The Kashmir Chiaroscuro

Kim Nicolini
Angelina Jolie's Wanted: Taking the M-Fers Down with Guns and Exploding Rats

Poets' Basement
Wright, Fleming, Solomon and Birnbaum

Website of the Weekend
Parsing Jesse Ventura

July 11, 2008

Kevin Alexander Gray
Why Does Barack Obama Hate My Family?

Sasan Fayazmanesh
Historical Amnesia and the Shoot Down of Iran Air Flight 655

Peter Morici
Breaking Down the Trade Deficit

Mike Whitney
Worse Than McCain?

Manuel Garcia, Jr.
Oiling the War Machine

Robert Weissman
Crime, Punishment and ExxonMobil

Ramzy Baroud
The Not-So-Historic Barak-Talabani Handshake

Kelly Overton
If There is a Chimp Heaven

Adrian Burgos
In Praise of Jules Tygiel

Website of the Day
Wendell Berry on Mountaintop Removal

July 10, 2008

Brian McKenna
McCain's Melanoma Cover-Up

Paul Craig Roberts
Watching Greed Murder the Economy

Saul Landau
Mississippi River Blues

Ron Jacobs
Who Will Leave Iraq First?

Joshua Frank
Cutting Deals with Big Timber's Darth Vader

Peter Morici
What's Driving the Wall Street Rout

Alan Maass
Jesse Helms Finally Does the Right Thing

Robert Weissman
Humanitarian Failure at the G8

William Blum
Dr. Strangelove

Alan Farago
Coral Reef Meltdown

Website of the Day
Lieberman Must Go!

July 9, 2008

Ismael Hossein-Zadeh
Are They Really Oil Wars?

Luis Rodriguez
The Deadly Fallout from Gang Injunctions

Sheldon Richman
What's Wrong with Selling Your Vote?

Fatemeh Keshavarz
Lessons from Sa'di of Shiraz on"Enhanced Interrogation Techniques"

Chad Hanson
Blowing Smoke: Logging Industry Lies on Forest Fires and Climate Change

Sen. Russ Feingold
The Problems with the FISA Bill

Niranjan Ramakrishnan
Defining Deviancy Down with FISA

Dave Lindorff
Paul Krugman's Blind Spot

Stanley Heller
A Damned Good Assembly

Philip Rizk
Sick at the Gaza Crossing

Website of the Day
Mumia on Nader

July 8, 2008

Nikolas Kozloff
Riding the Colombia Gravy Train

Laura Carlsen
North America Doesn't Exist: the New Geography of Trade

Mike Whitney
Bush's Rampage in Somalia

Andy Worthington
Scandal at Diego Garcia

Patrick Irelan
The Empire Goes to the Movies

Chellis Glendinning
The Un-tied States of America

David Macaray
A Union Story

Dave Lindorff
Mumia's Long-Shot Appeal

John Chuckman
The Myths of Independence Day

Phillip Doe
FISA and the Decline of America

Website of the Day
Daniel Ellsberg on Warrantless Wiretap Bill

July 7, 2008

Patrick Bond
Can Reparations for Apartheid Profits be Won in US Courts?

Kathy Kelly
Cold Shoulders

Andy Worthington
Repatriation as Russian Roulette

Clifton Ross
A Rescue Staged for the Screen

Elizabeth Schulte
Obama's War Room

Ralph Nader
The Patriotism of Deeds

Dave Lindorff
Keeping Count

Binoy Kampmark
The World According to Jesse Helms

Stephen Fleischman
Life, Liberty and the Pursuit of Change

Website of the Day
Time for a Change

July 5 / 6, 2008

Alexander Cockburn
Could Anyone be"Worse" Than Bush?

Jeffrey St. Clair /
Joshua Frank

Preliminary Notes from No Man's Land

Patrick Cockburn
Blowback from a Strike on Iran

Mike Whitney
Hunkering Down in Afghanistan with Field Marshall Obama

Robert Fantina
Obama, Iraq and Change

Binoy Kampmark
The Anwar Case: Snitching and Sodomizing

Rannie Amiri
Can Nasrallah Unite Lebanon?

Eric Ruder
Hidden Casualties

Brian Cloughley
Israel Flexes Its Muscles

William Blum
Some Thoughts on Patriotism

Frank Barat
The One-Word Solution

Christopher Brauchli
Bush's Phony Pollution Accounting

David Yearsley
Rubbert Shines, as US Envoy Puts Foot in His Mouth

Ron Jacobs
U. S. Blues

Karim Makdisi
On Soccer and Politics in Lebanon

Wendy Thompson /
Chris Kutalik

What Can We Learn from the American Axle Strike?

N. D. Jayaprakash
The NPT as a Roadblock to Disarmament

Ramzy Baroud
Journalistic Imperatives

Kelly Overton
Animal Rights and Obama

Richard Neville
Bitch Fights and Tomorrow's Top Model

Poets' Basement
Anderson, Gibbons, Matson and Buknatski

Website of the Weekend
Ginsberg and Cassady on"Extremists"

 

July 4, 2008

Kathy Kelly
Istiklal

Dave Lindorff
My War Story

Paul Krassner
Confessions of a Barista

Jackie Corr
In the Footsteps of Evel Knievel: Obama Heads Back to Butte

Laray Polk
Military-Industrial Convergence

Dan Bacher
Dead Runs: Salmon Fishing Banned in Central Valley Rivers

Walter Brasch
The Rocket's Red Glare--May be Chinese

Charles Modiano
Hall of Fame Hypocrisy

Website of the Day
Springsteen: Independence Day

July 3, 2008

Sharon Smith
Exxon's Legal Guardians

Andy Worthington
Another Torture Victim Gets Charged

Laura Carlsen
NAFTA and the Elephant in the Room

Peter Morici
Crisis Grips the Jobs Market

Ramzi Kysia
Breaking Into a Prison

Martha Rosenberg
Mandatory School Milk and the Early Death of Football Players

Anne Landman
Who Really Benefits From Voluntary Codes of Corporate Conduct?

Dave Zirin
Grand Theft Hoops

Kristin Bricker
US Contractor Leads Torture Training in Mexico

Website of the Day
Bush Tours America to Survey Damage from His Presidency

 

July 2, 2008

Patrick Irelan
Holy Obama

Vijay Prashad
Lunch with Karzai

Brian Cloughley
Sense of Honor, French and US Style

Ralph Nader
Economic Domino Theory

Robert Fantina
General Stupidity: McCain, Obama and Clark

Dave Lindorff
What's So Special About Veterans?

Parvez Ahmed
Obama and Those Pesky Muslim Rumors

Robert Bryce
The Democrats and Off-Shore Drilling

Website of the Day
King Corn: Q&A

July 1, 2008

Alexander Cockburn
Two Months Later, Seymour Hersh Strains to Catch Up With CounterPunch

Mike Whitney
Getting to the Heart of America's Economic Crisis: an Interview with Michael Hudson

Douglas Macgregor
Obama's General?

Steven Higgs
Fighting the NAFTA Super-Highway

Andy Worthington
Guantánamo as Alice in Wonderland

Binoy Kampmark
The Global Seed Police

Dave Lindorff
Blood Money Democrats

Roger Burbach
Fighting Food Fascism

Richard W. Behan
The Story Behind George Bush's Lies

Gary Leupp
The McCain Edge Among Voters on Iraq

Website of the Day
Mountaintop Removal and the Fight for Coalfield Justice


August 4, 2008

Detention Without Charges

Debating Human Rights and Counter-Terrorism in Britain

By JOANNE MARINER

It is not just in the United States that aggressive counterterrorism measures have raised serious human rights concerns. In July, the U.K. House of Lords began debating a draft counterterrorism law that would institute a number of harmful proposals, including granting police the power to detain terrorism suspects for up to six weeks without charge. While the bill garnered a narrow government majority of only nine votes, the government managed to get it passed last month in the House of Commons (the lower house of Parliament).

Much of the debate around the bill so far has focused on the British government’s effort to extend pre-charge detention beyond the already-excessive 28-day period allowed under existing law. But the bill contains other worrying provisions as well.

In a briefing paper issued earlier this month, Human Rights Watch analyzed the draft law, focusing on those provisions that it believes are incompatible with Britain's human rights obligations. As Human Rights Watch emphasizes, counterterrorism measures that violate human rights undermine a government’s moral legitimacy and damage its ability to win the battle for “hearts and minds” -- a battle that U.K. Prime Minister Gordon Brown has acknowledged to be central to long-term success in countering terrorism.

Pre-Charge Detention

Human rights groups believe that the 28-day pre-charge detention period allowed under existing law should be rolled back rather than extended. Surprisingly, perhaps, their opposition to the proposed extension is echoed by a number of conservative political figures, including the former head of MI5, the U.K. intelligence agency. In her maiden speech to the House of Lords, former MI5 director Baroness Manningham-Buller argued strongly against the proposal. She emphasized that she disagreed with the government's plan on a “practical basis as well as a principled one.”

Others authorities who have criticized the planned extension include current Director of Public Prosecution Sir Ken MacDonald, former Justice Minister Lord Falconer, and former Attorney General Lord Goldsmith. Faced with such criticisms, the government had offered a few concessions meant to improve pre-charge detention safeguards.

But the most important safeguard -- robust judicial scrutiny to prevent arbitrary detention -- remains wholly inadequate. The senior judge reviewing extended detention under the bill does not assess whether there are reasonable grounds to believe the person who is detained committed a terrorist offense, the ultimate issue at stake in considering whether detention is lawful or not.

In addition, the 42-day detention power, when authorized by the home secretary, is valid for 30 days, down from the two months originally envisioned. But after 30 days, the home secretary can immediately reauthorize a new extension (subject to subsequent approval by Parliament), raising the possibility of rolling 42-day periods of pre-charge detention.

This power only exists when the home secretary invokes an “exceptionally grave terrorist threat.” But the formulation is open to wide interpretation, not least because it covers attacks that are planned or executed anywhere in the world. And although Parliament needs to approve the power within seven days of the home secretary initially authorizing it, the legislature is ill-equipped to scrutinize individual detention decisions, a function that is best performed by the courts.

How to Remedy the Bill's Problems

The Human Rights Watch briefing paper outlines several other key problems with the proposed legislation:

The bill allows post-charge questioning without effective safeguards against self-incrimination and oppressive police interviews. It allows the courts to draw negative inferences during terrorism trials when the defendant exercises the right to remain silent after being charged, and it fails to require explicitly the presence of a lawyer at all times when a defendant is questioned once charged.

The bill gives the government the power to order, on the grounds of national security, that an inquest into a person’s death be held in secret and without a jury.

The bill expands the U.K.’s already overbroad definition of terrorism.

The briefing paper also contains concrete recommendations to the House of Lords for how to remedy the bill's problems. It urges the Lords to:

Reject the power to extend pre-charge detention to 42 days;

Improve safeguards for current 28-day pre-charge detention, until it is repealed, including the requirement that any judge authorizing extensions to detention be satisfied that reasonable grounds exist to believe the detainee has committed a terrorist offense;

Reject the proposal to allow adverse inferences to be drawn in post-charge questioning, and an explicit requirement that a lawyer be present all times, and Narrow the definition of terrorism.

As Human Rights Watch emphasizes, the third anniversary of the 2005 London bombings is a reminder that Britain faces a real terror threat. But passing dangerous and unnecessary proposals like those contained in the draft law will not improve the country's security. The Lords should take a principled stand against the proposed legislation.

Joanne Mariner is an attorney with Human Rights Watch in New York. Her piece is based on Human Rights Watch's “Briefing on the Counter-Terrorism Bill 2008.”

 
 

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