> Robin Cook, the foreign secretary, was accused of hypocrisy when he > used gagging orders - public interest immunity certificates (PIIs) - > to suppress the texts of four intelligence reports. While in > opposition he lambasted the Tories for signing such orders, which > led to Paul Grecian's imprisonment in the first place. > Although Mr Cook has said that the sole reason for withholding the > documents was to protect their sources, he refused to hand them over > with the names of sources blanked out. > His decision is backed by Jack Straw the home secretary, who has > forbidden the Grecians access to further intelligence reports in the > case. > Now two developments threaten to undermine the government's case. > Article 8 of the new Human Rights Act which comes into force on > October 2, and a ruling from Elizabeth France, the data protection > commissioner, giving the public the right to ask to see security > files on them, will let the Grecians' lawyers ask for seek these and > any other documents held by the security services relating to the > father and son. > A law lords' ruling on July 27 will also weaken customs and excise > ability to mounta successful defence against the Grecians. > It let four people, led by David Darker, prosecute the West Midlands > police for conspiring to fabricate evidence against them. The > Grecians' lawyers will use it to apply to the courts in November for > permission to bring accu sations of abuse of power against customs > and excise. Such allegations only require proof of malice: the > absence of an honest belief in guilt is not necessary. > The West Midlands police claimed immunity from prosecution after the > trial of Mr Darker and three others for alleged drug trafficking and > forgery of travellers' cheques collapsed because evidence had been > fabricated by the police. > The case went to law lords, who ruled that because the police > fabricated the evidence, immunity from prosecution should be > withdrawn. > The five judges ruled that 'in determining the scope of witness > immunity, the predominant requirement of public policy was that > those who suffered a wrong should have a right to a remedy" and it > should not extend to the 'wrongful purpose of fabricating false > evidence which would be referred to in an untruthful statement of > evidence'. > Lord Hutton quoted Sir Richard Scott, the judge who headed the Arms > to Iraq inquiry, as saying 'The police and the crown prosecution > service, like everyone else, are subject in the discharge of their > duties to the rule of law. There is no public interest that requires > them to afforded immunity against actions based on malicious or > knowing abuses of their powers.' > Lawrence Kormornick of Dechert, the Grecians' lawyer, said: ' The > Darker case is an important landmark human rights decision that > apart from evidence in court and witness statements, the police and > other investigation authorities and prosecution authorities no > longer have absolute immunity from suit for actions alleging > conspiracy to injure and misfeasance in public office. > 'The House of Lords now seems to be saying that investigators and > prosecutors like everyone else, are subject to the rule of law and > they should not have immunity against actions based on malicious or > knowing abuses of their powers unless absolutely necessary. > 'This decision is to be welcomed, it should enable many more victims > of injustice to obtain compensation by relying on abuse of public > office rather than having to prove malicious prosecution.' > > >Iraq Says 311 Killed in U.S., UK Bombing > >UNITED NATIONS (Aug. 28) XINHUA - Iraq on Monday told the United Nations >that a total of 311 Iraqis had been killed and another 927 wounded in the >south of Iraq since December 1998 in the U.S. and British bombings. > > In a letter to the U.N. Secretary-General and the president of the Security >Council, the speaker of Iraq's National Assembly, Saadoun Hamadi, said in >that time, there were 18,607 sorties flown by United States and British >warplanes from bases in Saudi Arabia and Turkey. > >On August 12 and 13, U.S. and British planes committed a further crime by >indiscriminately shelling civilians in civilian residential districts and >food storage warehouses in Muthanna overnorate in southern Iraq, the >speaker said. > >This resulted in the killing of two people and the wounding of 24 civilians. >Between the attack in December 1998 and the resent, a total of 18,607 >sorties have been flown in the south of Iraq by United Kingdom and United >States warplanes taking off from the teritory of Kuwait and Saudi Arabia, >killing 311 citizens and injuring 927 others, the speaker noted. > >He said despite the flagrant violations of the Charter and procedures of the >United Nations, the Security Council has been beset by a general paralysis >and has been unable to take any immediate collective measures. Iraq strongly >condemns these repeated acts of aggression, he added. > > >MISCELLANY+++++++ > >On 28 August 2000, the American Muslim Council (AMC) and the polling firm >Zogby International released a poll of "502 American Muslim likely voters". >According to Zogby International's press release: "77.2% [of probable >American Muslim voters] say that the current economic sanctions against Iraq >should be lifted". > >Below is a Financial Times article about the poll. The FT's article cites >the 77.2% figure. Note also that the FT article and AMC and Zogby press >releases report that 56% of probable American Muslim voters plan to vote for >Vice-President Al Gore. > >The American Muslim Council's press release: ><http://www.amconline.org/cgi-bin/release/viewnews.cgi?newsid967485003,56509 >,> > >Zogby International's press release: ><http://www.zogby.com/news/ReadNews.dbm?ID=255> > >Copyright 2000 The Financial Times Limited >Financial Times (London) >August 29, 2000, Tuesday London Edition 1 > >SECTION: WORLD NEWS: THE AMERICAS; Pg. 9 >LENGTH: 400 words >HEADLINE: WORLD NEWS: THE AMERICAS: Survey shows Gore ahead with Muslims >BYLINE: By ARAVIND ADIGA >DATELINE: WASHINGTON >BODY: >Vice-President Al Gore has clearly emerged as the preferred presidential >candidate for America's growing population of Muslim voters, a new poll >suggests. > >Nearly 56 per cent of 502 American Muslim voters surveyed by the American >Muslim Council and the pollster Zogby International said they would back the >Democratic nominee in the November polls. Only 24.1 per cent intended to >vote for George W. Bush. the Republican contender. However, a big block - 20 >per cent - had not made up their minds. > >Just how much of a boost Mr Gore's campaign will receive from >Muslim-American voters is hard to determine, because the precise number of >US Muslims is not known. The US Census Bureau is prohibited by law from >requiring respondents to state their religion, leaving experts to guess the >size of the Muslim population by extrapolating from data such as mosque >attendance figures. > >The Council on American-Islamic Relations, a Washington DC-based advocacy >group, believes there could be as many as 6m American Muslims. If this >figure is correct, it would make Muslims the second largest religious group >in the US, ahead of Jewish-Americans. > >California is believed to be the state with the largest number of Muslims. >Detroit, New York, and other urban centres also have significant >populations. > >On the whole, the new survey suggests that American Muslims tend to hold >liberal political positions, favouring stricter gun laws, extension of >healthcare for the underprivileged and further rises in the minimum wage. > >Of those surveyed, 92.6 per cent also said that the protection of their >civil rights was an important issue for them. Some US Muslims have protested >that a 1996 law passed by Congress permitting immigrants to be detained on >the basis of evidence filed in secret against them has been used by US >authorities to violate the constitutional rights of Arab-Americans. > >However, a solid majority of the respondents believed that US society showed >respect towards the Islamic faith. > >Ibrahim Hooper of the council said most Muslims believed in the essential >fairness of the US political system: "Domestic policy towards the Muslim >community is quite good." But many American Muslims are dissatisfied with US >foreign policy, the survey suggests. Of those asked 88.7 per cent supported >an independent Palestinian state, and 77.2 per cent wanted sanctions against >Iraq to be lifted. > >Below Russia lobbies to reduce Iraq's Compensation Fund payments from 30% of >Iraq's oil revenues to 20%. > >Note that on 15 August 1991 the SC passed Resolution 705 (S/Res/705, 15 >August 1991 <http://www.un.org/Docs/scres/1991/705e.pdf>). Resolution 705 >accepted the Secretary-General's recommendation that Iraq's compensation >payment should "not exceed" 30% of Iraq' annual oil revenues (para. 2). >Thereafter, the UN subtracted for the Compensation Fund 30% of Iraq's oil >revenue <http://www.un.org/Depts/oip/reports/basfact.html>. > >Before reading the article, please note the following excerpt and thesis: > >According to UN Security Council Resolution 687 (S/Res/687, 3 April 1991, >paragraph 19) "the appropriate level of Iraq's contribution to the >fund...[must take] into account[:] > >* the requirements of the people of Iraq" > >Additionally, "Iraq's payment capacity as assessed in conjunction with the >international financial institutions taking into consideration[:] > >* external debt service > >* ...the needs of the Iraqi economy" > >Even though 687 asks the Secretary-General to "develop and >present...mechanisms for determining the appropriate level of Iraq's >contribution to the fund based on a percentage of the value of the exports >of petroleum and petroleum products from Iraq," (para. 19) compensation >payments should not be based on a percentage of Iraq's oil revenues. > >Given that compensation requirements must consider "the requirements of the >people of Iraq", Iraq's "external debt service" and "the needs of the Iraqi >economy," until Iraq meets the people's requirements, makes substantial debt >payments and economically recovers, the Security Council (SC) ought to >altogether suspend compensation payments. > >However, if the "oil-for-food" program is still in place, the SC will not >suspend compensation payments, and the SC will not fully account for Iraq's >economic condition and debt obligations, it should still establish a payment >threshold based on a sum, not a percentage. UN and non-UN agencies can work >together to assess Iraq's actual civilian/infrastructural needs. Then the >agencies will calculate how much it will cost (in $US) to sufficiently fund >the Program so that it can meet those needs. If, during a given phase, Iraq >earns more oil revenue than the threshold sum, then the SC can allocate part >or all of the remaining revenue to the Compensation Fund. > >Currently, the UN subtracts for the Compensation Fund 30% of Iraq's oil >revenue, regardless of civilian/infrastructural needs, the condition of >Iraq's oil industry or how little oil revenue Iraq may generate. Iraq has >certainly benefited from high petroleum prices, but oil prices fluctuate and >will eventually drop. Iraq's barrels per day production capability and the >Iraqi oil industry's condition is the most important revenue generation >factor and UN-appointed petroleum experts state that barrels-per-day >production will decline. According to the 20 March 2000 "Report of the Group >of United Nations Experts Established Pursuant to Paragraph 30 of the >Security Council Resolution 1284 (2000)" ><http://www.un.org/Depts/oip/reports/oilexperts.htm>: > >"The lamentable state of the Iraqi Oil Industry has not improved. > >The level of oil exports during phase 7 will decline from the level of 2.2 >million barrels per day achieved in phase 6, to a level of between 1.8 to >1.9 million barrels per day. > >A further production decline of between 5% to 15% per annum is forecast >unless the delivery of spare parts and equipment is immediately accelerated. > >The oil transportation infra-structure has not been improved during the last >two years. > >Insufficient spare parts and equipment have arrived in time to sustain >production. > >The issues of pollution and safety have not been addressed". ("Executive >Summary, Main Conclusions) > >(Thesis-A. Rahman and N. Hurd) > >***************************************************************** > >http://www.cnn.com/2000/WORLD/meast/08/23/iraq.un.reparations.reut/index.htm >l > >Russia suggests easing Iraq's reparations burden >August 23, 2000 >Web posted at: 11:00 PM EDT (0300 GMT) > >UNITED NATIONS (Reuters) -- Russia has floated a proposal to reduce from 30 >percent to 20 percent the proportion of the proceeds from Iraq's >"oil-for-food" sales earmarked for reparations stemming from its 1990 >invasion of Kuwait, Security Council sources said on Wednesday. > >Russian U.N. envoy Sergei Lavrov was also said to have urged, during >closed-door council consultations, a review by the council of the operations >of the Geneva-based U.N. Compensation Commission, which reviews and pays out >claims for reparations. > >Under the U.N. "oil-for-food program" that began in December 1996 Baghdad is >allowed to sell unlimited quantities of oil to buy food, medicine and other >civilian necessities to help offset the effects on ordinary Iraqis of >sanctions imposed after its invasion of Kuwait. > >Since the start of the programme, 30 percent of the proceeds from the sale >of Iraqi oil is automatically siphoned off into the U.N.-administered >reparations fund. > >Lesser amounts are used to administer the "oil-for-food program" and to meet >other costs related to the Gulf war. This includes scrapping Baghdad's >weapons of mass destruction, though U.N. arms inspectors have been barred >from Iraq for nearly two years. > >The council sources said Lavrov raised the reparations issue informally in >challenging a $21.5 billion claim by Kuwait for lost oil production and >sales during Iraq's invasion and seven-month occupation of the emirate. > >If the percentage of Iraqi oil proceeds earmarked for reparations was ever >reduced to 20 percent, the difference would presumably become available to >buy more food and other civilian supplies for the benefit of Iraqi >civilians. > >Russian and French representatives in Geneva have held up a decision by the >Compensation Commission on the Kuwaiti claim, on which a panel of >arbitrators has recommended awarding $15.9 billion. > >Kuwait's claim will be considered again when the commission's governing >council, which has the same 15-nation membership as the Security Council, >next meets in Geneva from Sept 26 to 28. > >The council sources said Russia's move for a review of the operations of the >Compensation Commission was supported by France, China, Ukraine and Tunisia. > > >The United States, Britain, Canada and the Netherlands were said to have >argued that the Security Council should not pronounce on specific >reparations claims, which should be left to the technical body -- the >Compensation Commission -- established for that purpose. > >Russia's moves on the reparations issue represents another front in a >campaign aimed at easing curbs placed on Iraq since its attack on Kuwait. > >Russia, together with China and France, has been pressing for the easing of >sanctions in force for the past 10 years. It also campaigns vigorously >against "no-fly zones" patrolled by United States and British warplanes to >prevent the Iraqi army from attacking Kurdish dissidents in northern Iraq >and Shiite dissidents in the south. > >Copyright 2000 Reuters. > >Assalamualaykum > >I have just read and signed the online petition: > >"End the Iraqi Sanctions" > >hosted on the web by PetitionOnline.com, the free online petition >service, at: > >http://www.PetitionOnline.com/s343/ > >I personally agree with what this petition says, and I think you might >agree, too. If you can spare a moment, please take a look, and consider >signing yourself. > >Please Distribute this around Your members. > >Jazakum Allah Khayr > >Khalid > >tel: +44 (0)20 78725451 >fax: +44 (0)20 77532731 >email: [EMAIL PROTECTED] >web: www.mariamappeal.com > >Knowledge is Power! >Elimination of the exploitation of man by man >http://www.egroups.com/group/pttp/ >POWER TO THE PEOPLE! > >Subscribe: [EMAIL PROTECTED] >Unsubscribe: [EMAIL PROTECTED] >Change Delivery Options: >http://www.egroups.com/mygroups > > _______________________________________ KOMINFORM P.O. Box 66 00841 Helsinki - Finland +358-40-7177941, fax +358-9-7591081 e-mail [EMAIL PROTECTED] http://www.kominf.pp.fi _______________________________________ [EMAIL PROTECTED] Subscribe/unsubscribe messages mailto:[EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] ________________________________________
