New undercover guidelines contain absurd get-out-clause

standwus-icon Repost of Police Spies Out of Live blog.

Today the College of Policing published a draft ‘Authorised Professional Practice’ for Undercover Police. This is the first time that such Guidelines have been published, and it is welcome, although  that they have been forced to publish it by huge pressure for change from people affected by undercover infiltration, and the public at large. Its contents are not hugely reassuring. Positively, they do state that intimate sexual relationships will never be authorised or used as a tactic:

It is never acceptable for a UCO (undercover officer) to form an intimate sexual relationship with those they are employed to infiltrate and target or may encounter during their deployment. This conduct will never be authorised, nor must it ever be used as a tactic of a deployment.

However they go on to give themselves an unnecessary and absurd get-out-clause, suggesting it is ok for an officer to have sex if his life is being threatened, or similar:

If a UCO engages in unauthorised sexual activity for whatever reason (for example, they perceive an immediate threat to themselves and/or others if they do not do so) this activity will be restricted to the minimum conduct necessary to mitigate the threat. In such extreme circumstances UCOs must record and report this to the cover officer at the earliest opportunity. The authorising officer will be informed immediately and the circumstances investigated for welfare and training purposes, potential breaches of discipline or criminal offenses and to allow an appraisal of the operation.

There is no need for this get-out-clause. It suggests there is enough grey area that officers just need to find themselves an excuse for committing these abuses. It risks enabling these abuses to continue.

It is also essential that these guidelines are not seen as enough. Many of the women, deceived by undercover officers into intimate sexual relationships, see the practice as tantamount to rape. The psychological abuse that ensues from it is devastating, and the police themselves have admitted it is an abuse of human rights. It therefore should be outlawed in legal statute, as well as in these codes of practice, which can only lead to disciplinary procedures.

These guidelines are in draft form, and they invite you to comment on them. Tell them to get rid of the get-out-clause, and to outlaw this behaviour in legal statute!

More:

  • ‘Lisa’ and comment on new guidelines at 48mins into Victoria Derbyshire – iPlayer.
  • Sex and drugs off limits for undercover police .Covert officers can have sex or take drugs with suspects only when ‘necessary and proportionate’ under new guidelines, Press Association, The Guardian, 29 June 2016
  • Actually the new guidelines grant them a loophole, they can use sex if feeling „threatened“. See on Twitter.

460 groups spied upon…?

Herne logo Undercover Research Group, 22 June 2016

For a long time it was not known how many groups had been spied upon by undercover police since 1968. Without the cover names the #spycops used it was impossible to even to speculate.

However, at a press conference two years ago, the Metropolitan police surprisingly revealed a specific number of groups. The occasion was the release of the third of the Operation Herne reports on 24 July 2014, looking at the Special Demonstration Squad and its history. Mick Creedon, the Chief Constable of Derbyshire having direct responsibility for Operation Herne, stated specifically

…that over the 40 years when the SDS were operating, they infiltrated over 460 groups, across a huge spectrum of ideology and motivation.

The full text of what was said at the press conference is provided below, but first we want to look at this figure a bit closer. What does it tell us? How close to the truth is ‘over 460 groups’ spied upon?

For a start, it does not include the groups spied upon by the National Public Order Intelligence Unit, so the actual number spied upon is going to be many more. Also, it covers groups on all sides, left and right-wing, single issues campaigns, family justice campaigns and so on.

Most of the 460 groups are likely to have a London focus as this is where the SDS were primarily active; but it is known that a number of them travelled to other parts of the country. For instance, Matt Rayner was at actions in Merseyside and made a point of befriending and visiting activists in the north of England.

We can only speculate how Operation Herne reached this number. Our suspicion is that it comes from collating all the groups that have been cited in internal SDS intelligence reports and similar documents (see the Ellison Report for such examples) – as far as those were kept on file and have not been shredded since. We don’t believe there has ever been a pre-existing and carefully distinguished list identifying which groups were primary targets of infiltration, and which were ‘collateral’ – as the police likes to call that. (Not that we accept there was any such thing, we think all intelligence was of interest for the SDS and its successors.)

Our reason for believing this, is that while each officer will have been given a group as a primary objective, that would have been merely an entry point to a wider number of groups. For example, Mark Jenner’s association with the Colin Roach Centre would have provided access to a wide number of campaigns of different types which would have been reported back on. Thus the degree to which each group was a target, and which was caught up through association is not entirely clear. However, from our examination of available material, at least some of the officers were directed to central points which gave them access to multiple sources of intelligence, for example Lambert’s participation in London Greenpeace, or Simon Wellings in Globalise Resistance. The group the undercover simply known as ‘N81‘ was placed in, would have allowed him or her to gain intelligence on many family justice campaigns without necessarily being at the heart of them.

It may also be that several different undercovers were reporting on the same group from different directions. The interest of NPOIU undercovers in social centres for instance (Lynn Watson at the Common Place, Mark Kennedy and Rod Richardson at the Sumac Centre, for example) bears this out.

Some undercovers would have more access than others; while reading between the lines on the activities of other undercovers, it would appear that some would have been tasked to focus on specific campaigns or issues only and told to ignore other issues altogether (for example the apparent strict division between infiltrating animal rights and environmentalists that can be observed in NPOIU undercovers). Another factor to take into consideration is the quality of the undercover concerned; there is quite a range here. In the jargon, while some were ‘deep swimmers’ such as Lambert, Dines and Jenner, able to go deep and wide, others were ‘shallow swimmers’ such as Chitty, barely scratching the surface.

Last but not least, we should point out that Operation Herne is not viewed as a particularly credible investigation, especially when contrasted with the Ellison Review that drew quite startling different conclusions from the same material. Nevertheless, that the police were able to quote this figure of 460 is telling enough. It indicates that a count has been done, and that the names of the groups are known. Likewise, the police are claiming that some of their officers are at risk even if only their cover names would be exposed, (a claim we will continue to challenge). It is obvious that to be able to make such a risk assessment, the police must have made the effort to go through all those groups spied upon to evaluate the present danger they impose.

The true extent of undercover policing abuses cannot be understood without knowing which groups were spied upon in the first place. For this reason, the Undercover Research Group adds its name to the other campaigners demanding that this list of groups be made public (and the list of cover names used by the #spycops too!).

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Germany Asks to Join Spycops Inquiry, Scotland and Ireland to follow soon…

spycops memeRepost from the Campaign Opposing Police Surveillance blog, 13 June 2016 –  written in tandem with the Undercover Research Group.

The German government have formally asked to be included in the forthcoming Pitchford inquiry into undercover policing. Five officers from Britain’s political secret police units are known to have been in the country.

Special Demonstration Squad whistleblower Peter Francis says he was the first officer to work abroad when he was sent to an anti-racist gathering in Bavaria in 1995. Francis was accompanied by his handler who stayed in a nearby hotel – the infamous former officer turned overseer Bob Lambert. The recently exposed officer known as RC is also reported to have been in Germany around ten years after Francis.

Mark Kennedy was also a frequent visitor to the country, and in 2007 went with fellow officer Marco Jacobs. Kennedy was arrested in 2006 in Berlin for arson after setting fire to a dumpster, and again at an anti-G8 protest in 2007. He gave his false name to authorities which – along with arson, of course – is a crime in Germany.

Like the Scottish government’s similar request, the German demand follows years of sustained effort by parliamentarians from the left-wing and Green parties. Tenacious parliamentarian Andrej Hunko has been working on this since Kennedy was first uncovered, and this week he welcomed his government’s call and spelled out the seriousness and breadth of the issue.

SCOTLAND WAITS AND WAITS

The forthcoming Pitchford inquiry is planning to only examine actions of spycops in England and Wales. As the majority of exposed officers were active in Scotland (and Scottish chief constable Phil Gormley had oversight of both spycops units at the key time) it is patently absurd to exclude Scotland from the inquiry.

Despite their government formally asking to be included last year, and even Tories demanding Theresa May accede, there has been no real response. It has been six months now, yet we have merely been told time and again that “talks are ongoing”.

With the preliminary sessions of the inquiry mostly over, it is starting to look like the Home Office is simply stalling and that the lack of a response will effectively become a refusal once the inquiry begins.

For their part, two representatives of the inquiry fielded questions at the recent conference hosted by the Monitoring Group and Centre for Crime and Justice Studies. They told those attending that it would be nonsense to exclude part of an officer’s story just because it happened abroad, and the inquiry would want the full picture.

Whilst this is some comfort, it is far from good enough. Firstly, the spoken assurance of underlings is very different to the declared decision of the Chair.

More importantly, it avoids many of the real issues. Spying abroad raises questions far beyond the officers’ own stories. Who organised it? Who decided their remit and purpose? How much did the host country know? Who is responsible for crimes committed by officers whilst abroad?

Peter Francis says SDS officers were given

absolutely zero schooling in any law whatsoever. I was never briefed, say for example, if I was in Germany I couldn’t do, this for example, engage in sexual relationships or something else.

NORTHERN IRELAND ALSO IN THE QUEUE

The Police Service of Northern Ireland (PSNI) says police weren’t even told that spycops were being deployed there. Yet German police confirmed to Andrej Hunko that Mark Kennedy was directed and paid by German police. Which operations were done which way, and why?

That mention of ignorance is the first official comment from police about spycops being in Northern Ireland. SDS officer Mark Jenner was there in August 1995 fighting with nationalists in a violent clash with the loyalist Apprentice Boys of Derry march.

This week PSNI’s Assistant Chief Constable Mark Hamilton told the BBC that nobody in the Northern Ireland police was ever aware the SDS were there, nor of any information being passed to them from the SDS.

With myriad other undercover operations going on in Northern Ireland during the conflict, to have sent Met officers in seems dangerously blase at best. Hamilton said

risk assessments have to be carried out. Anybody who’s deployed here without those assessments would be, in my view, an act of madness.

It seems hard to believe the SDS were so cavalier as to send their officers blundering in like that. Perhaps their contacts in the Northern Irish police aren’t admitting anything. Perhaps the SDS was working with some other arm of the British state. Or maybe this really is another area where the SDS simply didn’t think about the possible impacts on the people it worked among.

All this only refers to the SDS in Northern Ireland. Mark Kennedy, of the National Public Order Intelligence Unit, was active in Belfast in 2008. He was there with activist Jason Kirkpatrick who has had confirmation that the Northern Irish government has also asked to be included in the Pitchford inquiry.

ALL IRELAND SPYING

Kennedy was a repeat visitor south of the border as well, notably fighting with police in a Mayday demonstration in 2004. It’s been five years since this was made public knowledge and Michael D Higgins TD – now president of Ireland – demanded an explanation.

SDS officer Jim Boyling was there in the mid 1990s so it’s clear the Republic, like the North, has a long history of being targeted by both of Britain’s main spycops units.

HOW MUCH MORE?

Last year we compiled a list of 17 countries visited by spycops over a period of 25 years. It is barely the beginning. All of these instances come from the fifteen exposed officers from the political secret police units. There are over a hundred more about whom we know nothing.

How much more of this – and what else that we haven’t even imagined – did they do? What campaigns did they infiltrate? Whereabouts were they? What crimes did they commit? Which children are still looking for disappeared fathers under false names?

Their actions – which the Met itself describes as “manipulative, abusive and wrong” – were perpetrated against uncounted numbers of people. The apologies and inquiry apply to actions in England and Wales, but it is no less abhorrent if the victim is abroad and/or foreign.

The German request is a major event. The extensive incursion of spycops into politically sensitive Irish territories surely means there will surely be more demands for inclusion and information coming from there as well. Affected activists have also initiated a legal case in Northern Ireland to force inclusion in the inquiry, a tactic that may well spread to other countries. Yet the disdain with which the Scottish government’s long-standing demand has been treated by the Home Office means the fight is far from over.

The arrogant disregard for the personal integrity and wellbeing of individuals was carried over to the laws and statutes of entire countries. Everyone who has been abused by spycops deserves the full truth, be they a solitary citizen or a sovereign nation.

Undercover policing back in court, as police attempt to withhold evidence

Marco Jacops Tuesday 7 June 11am demo at High Court before hearing for Cardiff Anarchist Network vs #spycops Marco Jacobs at 12 am

Preview of Emily Apple in The Canary, 6 June 2016.

The remaining civil case being taken against the police for their use of undercover officers in social justice movements is back in court on Tuesday for a case management hearing.

While the Metropolitan Police apologised and withdrew their defence in the case of eight women who were suing them following long-term relationships they were deceived into by undercover officers, they have yet to apologise or settle several other cases – one is that of Mark Jacobs, who infiltrated protest movements in Brighton and Cardiff.

The case, which is being taken against both the Metropolitan and South Wales police forces, is being pursued by two women who had relationships with Jacobs, and one man, Tom Fowler.

Fowler told The Canary:

It is really disgusting that having admitted the wrongdoing of undercover officers, the police continue to hide behind procedure, heaping extra suffering on the people they targeted.

Instead of admitting liability as they did in the case of the other women, the police appears to be pursuing this case. Central to the arguments in court on Tuesday will be whether the case can follow normal procedures, with documents disclosed in open court.
(…)
Jules Carey, the solicitor who is representing the three people involved in the case, told The Canary:

It beggars belief, that after five years, and despite hand-wringing public assertions that sexual relationships are an abuse and can not be authorised as a police tactic, the Defendants have continued to bob and weave in this litigation in reliance on technicalities and police procedure.

– Read Emily Apple’s full piece in The Canary.
– Read our profile of Marco Jacobs