UK in damages talks with torture victims

Press TV – May 7, 2013

Britain is negotiating out-of-the-court settlements to compensate thousands of Kenyans severely mistreated under British colonial rule during the 1950s Mau Mau uprising.

According to a letter sent to lawyers representing some of the claimants, the Foreign Office has changed its mind on appealing last October’s High Court ruling that gave victims the green light to sue the government, The Guardian reported.

“The parties are currently exploring the possibility of settling the claims brought by our clients,” Dan Leader, a partner with the Leigh Day law firm told the paper.

“Clearly, given the ongoing negotiations, we can’t comment further.” He added.

The Foreign Office has refused to comment on the issue, but admitted the victims suffered “pain and grievance” during the bloody events of the Emergency period in Kenya.

Three victims won the case to sue the government at the High Court last year.

The trio’s lawyers said one of them was castrated, antoher severely tortured and the third subjected to appalling sexual abuse in detention camps during the Mau Mau rebellion.

There was also a fourth claimant Susan Ngondi who has died since legal proceedings began.

The British government has admitted to British forces’ torturing of detainees at the time following disclosure of a vast archive of colonial-era documents which the Foreign Office had kept secret for decades.

Related article

• Britain to pay out to Mau Mau victims (morningstaronline.co.uk)

Empirical evidence: Top-secret colonial files missing in UK

RT | December 1, 2012

Boxes containing top secret files about former British colonial rule have gone missing, with those relating to Singapore possibly destroyed. Declassified colonial Kenyan files earlier played a key role in proving the UK responsible for grave abuses.

Britain has admitted that it was aware that 170 boxes of files were transferred to Britain from former colonies. But the UK’s Foreign and Commonwealth Office (FCO) Minister David Lidington said that the government did not know what had happened to the files afterwards.

“It remains the case that the FCO is still unable to confirm the existence or destruction of 170 boxes of top secret colonial administration files known to have been returned to the UK,” Lidington told AFP.

“There is some evidence that the Singapore-related top secret colonial administration files were destroyed as part of a review of FCO post files in the 1990s.”

The FCO is continuing the search for the files and any evidence relating to their possible destruction.

The revelation comes after files relating to British rule in Kenya and Cyprus were declassified, made public and played a key in a court case by three elderly Kenyans who say they were tortured during the British army’s suppression of the 1950s Mau Mau Rebellion.

At the court hearing an archive of 8,800 secret files were examined. The released documents proved attempts by UK authorities to cover-up the killings of 11 prisoners during the uprising and showed that detainees had been battered to death by warders at the Hola detention camp.

A British court granted a historic victory to the three Kenyans, allowing them to claim damages for the suffered abuses when imprisoned during the Mau Mau uprising, including castration, beatings and severe sexual assaults.

The Kenyan case set a historical precedent and it is estimated that 2,000 other surviving Kenyans imprisoned during the Mau Mau insurgency can know sue the British government, which could have significant consequences for the government.

Overall, Britain used to have total control over 50 colonies including Canada, India, Australia, Nigeria, and Jamaica. Currently, there are 14 British Overseas Territories that remain under British rule. However, all have their own internal leadership and most are self-governing.

Related articles

• How Britain covered up a brutal Kenya massacre (morningstaronline.co.uk)

UK Foreign Office agrees that imprisoning Palestinian children inside Israel violates international law – but what are they going to do?

DCI | July 17, 2012

In a letter dated 29 June 2012, the UK Foreign Office responded to concerns raised by a group of UK lawyers about the forcible transfer of Palestinian children to prisons located inside Israel. The transfer of Palestinian prisoners (adults and children) to detention facilities inside Israel violates article 76 of the Fourth Geneva Convention for which personal criminal liability applies.

In the letter, the UK Foreign Office responded that:

“The British Government shares your concerns about the treatment of Palestinian children detained in Israeli prisons and we have a continual dialogue with the Israeli authorities on this question. […] The Government agrees that Israel has legal obligations as an Occupying Power with respect to the Occupied Palestinian Territories under applicable international law, including the Fourth Geneva Convention. […] We agree with you that Israel’s policy of detaining Palestinians within Israel is contrary to Article 76 of the Fourth Geneva Convention and that domestic law cannot be used as a justification for violations of international law.”

According to Israeli Prison Service figures released in June 2012, 85 percent of Palestinian prisoners, including children, were detained inside Israel. Given that this violation has continued for decades, questions need to be asked as to what additional steps the UK Government is considering to ensure that it complies with its own legal obligations under the Fourth Geneva Convention, as dialogue does not appear to be working when it comes to the forcible transfer of prisoners.

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Israeli ex-top diplomat backs boycott

 Al Akhbar | June 27, 2012

Former top Israeli diplomat Alon Liel threw his backing behind renowned author Alice Walker’s decision to shun an Israeli publishing house, citing an international boycott against Israel for its oppression of Palestinians, the Times of Israel reported.

Liel, who served as Israel’s ambassador to South Africa between 1992 and 1994 and was also the director of Israel’s foreign ministry, said he supported the international campaign against Israel, adding that he too boycotted goods from illegal Jewish settlements in the occupied West Bank.

“If nobody speaks about the [Israeli-Palestinian] conflict, nothing will happen. I think that such a move, boycotting products from Israeli factories in the settlements, is a kind of wake-up call,” he wrote in South Africa’s Business Day paper published on Sunday.

“I can understand the desire, by people of conscience, to reassert an agenda of justice, to remind Israelis that Palestinians exist. I can understand small but symbolic acts of protest that hold a mirror up to Israeli society,” he said

Liel went on to back Walker’s refusal to allow her best-selling novel “The Color Purple” be translated into Hebrew by an Israeli publishing firm to highlight the plight of the Palestinian people.

“I think it’s needed, yes. Unfortunately, I don’t see Israeli politicians waking up from these calls. But it’s better than nothing,” he said.

The former Israeli diplomat also defended South Africa’s decision to ban “Made in Israel” labels on products from the occupied West Bank.

“I cannot condemn the move to prevent goods made in the occupied Palestinian territory from being falsely classified as ‘Made in Israel.’ I support the South African government’s insistence on this distinction between Israel and its occupation,” he wrote in his column.

Palestinian children tortured

Britain is preparing to challenge Israel over alleged malpractices by the Jewish state of Palestinian children, which could amount to torture, The Independent newspaper reported on Wednesday.

An investigation by senior British lawyers – funded by the Foreign Office – included shocking acts of cruelty against detained Palestinian children, including solitary confinement, blindfolding and being forced to wear leg irons.

The findings, based largely on testimonies by Palestinian children from the West Bank, were published in Children in Military Custody.

“We were sitting in court and saw a section of a preliminary hearing when a very young looking child, a boy, was brought in wearing a brown uniform with leg irons on. We were shocked by that. This was a situation where we had been invited into the military courts for briefings from senior judges,” Greg Davies, a human rights barrister involved in the investigation wrote.

“To hold children routinely and for substantial periods in solitary confinement would, if it occurred, be capable of amounting to torture,” the report said.

The report also found Palestinian children were often dragged from the beds in the middle of the night, and subjected to verbal and physical abuse in jail in a bid to have them sign confessions they were not permitted to read, The Independent said.

Britain’s Foreign Office said it would “lobby” Israel “for further improvements” without clarifying.

“The UK government has had long-standing concerns about the treatment of Palestinian children in Israeli detention, and as a result decided to fund this independent report. While recognizing that some positive recent steps have been made by the Israeli authorities, we share many of the report’s concerns, and will continue to lobby for further improvements,” The Independent quoted the Foreign Office as saying.

Israel maintains a military occupation of the West Bank, and a siege on Gaza, subjecting the indigenous Palestinian population to extremely harsh measures that many activists have dubbed apartheid.

(Al-Akhbar, Times of Israel, The Independent)

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UK annihilates records of colonial crimes

Press TV – April 20, 2012

Thousands of documents detailing some of the most shameful acts and crimes committed during the final years of the British empire were systematically destroyed to prevent them falling into the hands of post-independence governments, an official review has concluded.

Those papers that survived the purge were flown discreetly to Britain where they were hidden for 50 years in a secret Foreign Office archive, beyond the reach of historians and members of the public, and in breach of legal obligations for them to be transferred into the public domain.

The archive came to light last year when a group of Kenyans detained and allegedly tortured during the Mau Mau rebellion won the right to sue the British government.

The Foreign Office promised to release the 8,800 files from 37 former colonies held at the highly-secure government communications centre at Hanslope Park in Buckinghamshire.

The historian appointed to oversee the review and transfer, Tony Badger, master of Clare College, Cambridge, says the discovery of the archive put the Foreign Office in an “embarrassing, scandalous” position.

“These documents should have been in the public archives in the 1980s,” he said. “It’s long overdue.”

The papers at Hanslope Park include monthly intelligence reports on the “elimination” of the colonial authority’s enemies in 1950s Malaya; records showing ministers in London were aware of the torture and murder of Mau Mau insurgents in Kenya, including a case of aman said to have been “roasted alive”; and papers detailing the lengths to which the UK went to forcibly remove islanders from Diego Garcia in the Indian Ocean.

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• Britain destroyed records of colonial crimes – The Guardian (guardian.co.uk)