Entangled Alliances

Entangled Alliances is at the OpenTech 09 conference in london, looking at how technology can help foster democracy. We’ll be tweeting throughout the day, our updates will be appearing on the right.

photo credit: Gernot Poetsch

Not too much closer union

In a wide-ranging and fascinating judgement, the highly activist German Constitutional Court has ruled that the Treaty of Lisbon is compatible with its Basic Law. There are, however, certain provisos that significantly affect the force of some of the parts of the Treaty that could lead to deeper integration without an amending treaty. It also has a lot to say on the future scope of European integration.

The press release is certainly worth reading in full, and it’s only seven pages if you copy and paste into Word – useful for highlighting. If you have time to read the judgement in full it’s more like 119 pages, but I think for those geeks of European integration and judicial philosophy out there it will be well worth a look.

I was going to wait to comment on this before I’d seen what the highly-recommended German Law Journal had to say about it (its discussion of a 2006 ruling is a great example). Then I noticed this evening that Nosemonkey had come out with some very interesting analysis into the ruling, and thought I’d try and get my initial thoughts down before seeing what any more people had to say on the matter.

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Welcome to Entangled Alliances’ liveblog of the EU elections results. We’ll be reporting and discussing the results this evening.

02:13 (Edward) The UK picture in summary: Great night for fans of fascism. Great night for UKIP.  Fairly good night for the conservatives – though more from Labour’s downfall rather than their gains.  Average night for Lib Dems. Terrible night for Labour. Bad night for Gordon Brown. 16% of the vote might be enough for Labour rebels to take on the Prime Minister. Or it might not.

Europe picture in summary: Socialists can’t use near-depressions to their advantage. Centre-right parties can – at least in the big countries of Europe. Italians are mental. Berlusconi is scandal-proof. Sarkozy is happy. The Netherlands needs to lose its love affair with the xenophobic Geert Wilders.  That is all.

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Entangled Alliances is at Liberty’s 75th anniversary convention today, there have been some very interesting speeches and I’ll be writing about them later, trying to connect with Ed’s post (just before this one) on electoral and constitutional reform.

Gathering at Bethnal Green police station

I went to the demonstration for justice for Ian Tomlinson, as I mentioned in this post yesterday. I just felt like, you know, I had to do something. And I guessed in that sense it would be rather more cathartic – for my own benefit, to set my mind at rest – than because I thought it would actually achieve anything in particular.

The statement by the family at Bethnal Green police station, the start of the march, really was very moving, and I’m glad I took part. We needed to make a statement.

However, I think I was right on the second part – the demonstration measured (I guess) 500-600 people at most. Thankfully it got a fairly good (brief) report on the BBC News website.

But on the first part, I was wrong. It didn’t lead to a sense of catharsis for me, just a sense of hopelessness, as the demo was hijacked by various people trying to push their respective political agendas. In this case it was largely the SWP who plastered their logo and website across their banners stating “Who killed Ian Tomlinson?”. There were plenty of others there hawking their Socialist Workers and various other hard left newspapers, and several large banners were on the march for the Union of Servicemen (?), the Socialist Workers and the Stop The War Coalition.

Using this event – a solemn march to demand justice for a man who had died – to push any sort of other agenda just seems to me to be incredibly tasteless.

Marching towards Bank

This wasn’t about “the system”, or about capitalism. It was about a man who died, at least partly due to police tactics. How is that partisan? How could anyone think it appropriate to make it exclusive to their political creed?

Perhaps I am just expecting too precise a message than is possible in a group of several hundred people, and perhaps this protest was extraordinary. But it at least made me reconsider the final paragraph of this comment I wrote on Ed’s G20 post. Do protests work? (Obviously, they do sometimes.)

I’m now watching Persepolis, a really brilliant film – the original French version – apparently the English version isn’t as good (Marjane really can’t sing though.). In the Iranian Revolution, protests against the Shah’s pretty awful regime, only partly down to religious concerns, were hijacked and used to justify wholehearted support for the new theocracy.

Obviously the parallels aren’t direct (er, at all), but it’s an interesting contrast, perhaps.

Maybe I’ll feel better about it all tomorrow.

(Penny Red has another report from a different perspective and highlights an incident I had forgotten)

When did “Law and Order” become just “Order”?

Nine days have now passed since the death of Ian Tomlinson, and in that time, one thing has become very clear: he did not simply die of ‘natural causes’, as the police at the time suggested. In fact, his death was a very unnatural one indeed – and the police are directly responsible.

It’s easy to get very angry about this sort of thing and descend into hyperbole. But two things have become clear:

1) Police tactics are at fault

The police tactic of ‘kettling’ is unnecessary, counter-productive, and unacceptable. Last year the House of Lords ruled that the practice of ‘kettling’, deployed in the May Day protests of 2001 (where thousands of protesters were held for SEVEN HOURS at Oxford Circus) was compatible with the ECHR Article 5(1), as “the sole purpose of the cordon was to maintain public order, that it was proportionate to that need and that those within the cordon were not deprived of their freedom of movement arbitrarily”.

Let’s hope this senseless policy gets overturned at the European Court of Human Rights. When 3000 people are held in an area of less than 2000 square metres for 7 hours, until 21:30, with no food, water, or sanitary provisions, how can that possibly be justified?

Similarly, with the G20 protests, how can it be justified to hold people for such a long period of time, and only allow them to leave if they agree to provide their details and be photographed?

And how can the police get away with smacking people on the head with truncheons, cordoning off and then baton-charging peaceful climate camp demonstrators (who hours earlier had been pitching tents, playing music, and selling flapjack) and setting dogs on people who had been posing no threat at all?

If there’s one video you watch today – assuming you’ve watched the videos of the police beating Ian Tomlinson (1, 2)- watch this one. Riot police march in to beat unarmed, peaceful protesters, with their hands in the air. Then watch this one from the film Goodbye Lenin, which depicts the Stasi’s tactics of violently breaking up demonstrations. That there is any resemblance between the two at all is appalling.

How can these things not be seen as a deterrent to future protest, and a breach of Article 5?

2) The policeman responsible for Ian Tomlinson’s death should go to prison – and for a long time. But he’s not the only one.

I’m afraid, not for the first time, that I am going to have to disagree with the charming commentator on this (very good) Daily Mail article (via) who said:

“Ian Tomlinson, drunk and out for trouble, decided to deliberately walk into a riot situation and blatantly obstruct the police. He was pushed out of the way. He died because he was a chronic alcoholic and was likely on his last legs anyway. The police did nothing wrong and, compared to other European countries, acted in a very restrained manner. This whole media frenzy is pathetic, transparent and more to the point, very boring. Nobody cared about this man when he was alive, not the media, not the readers of this column and certainly not his family, so let’s have less of the crocodile tears and public lamenting now he’s dead. If people want to criticise the police then do so, but don’t assume everyone is of such low intelligence that putting a bit of spin about a story of a drunk having a heart attack will prompt any right-thinking person into outrage and anarchy.”

- Dom, UK, 10/4/2009 10:40

Ian Tomlinson wasn’t doing anything wrong. He was a bystander, making his way home from selling newspapers. The video clearly shows him shuffling away from the police with his hands in his pockets.

But even if he was doing something wrong, that is obviously no excuse for smacking him in the legs and violently throwing him to the ground. The policeman actually lunged at his back. The only threat to public order was from that policeman himself.

As others have pointed out, this particular piece of brutality which led to Ian Tomlinson’s death was not exceptional; there were countless examples of this on the day. So yes, this stupid thug should go to prison, and for a very long time, both for what he did and to set an example to others thinking of going the same way. But this goes much higher than that.

The Met is not only responsible for the police tactics, it’s also responsible for the disgraceful way that it responded to Ian Tomlinson’s death, briefing that it was “of natural causes” and that demonstrators threw bricks, bottles, etc. while police were trying to save his life. And the media’s responsible for unquestioningly lapping it up. It’s since “emerged” that he was an alcoholic Milwall fan staying in a bail hostel. Oh, well that’s ok then.

So what’s going to happen now?

Well it’s clear that IPCC inquiry is not going to be sufficient. As the Guardian’s editorial on Thursday noted,

“And what kind of independent body is it whose first reaction to the Guardian’s evidence on Tuesday night was to call at our offices (accompanied by a City of London policeman) and ask for it to be taken off the website?”

Surprise! The CCTV cameras “weren’t working”. Sorry, that must have come as a shock. And from that Channel 4 News interview, the chairman of the IPCC is clearly an idiot.

We need a full judicial inquiry, and the only way we’re going to get that is if sufficient pressure is placed on those who can make it happen. Protests might not help much, but it’s better than nothing.

Join the protest against police brutality, tomorrow (Saturday 11th April) at 11:30, at Bethnal Green police station.

I want to have confidence in my police service again. I want to trust them, and to believe that they’re there to protect me. How can I do that when nine days ago, a man died at their hands, and they don’t seem all that bothered?

Some more coverage:

• Liberal Conspiracy: Who’s to blame for this accidental death?
• Liberal Conspiracy: So who will excuse police brutality now? (includes lots of other links)
• Liberal Conspiracy: I still blame police brutality (2nd April)
• Chicken Yoghurt: Ian Tomlinson: video reveals G20 police assault on man who died
• Bloggerheads – Why aren’t these people working to protect us?
• Laurie Penny – Fuck.
  

Oslo Fjord

I know what you’re thinking. In the midst of all this talk of an economic crisis, the G20 and accompanying protests and police brutality, and Brown’s recent trip to the US (for which he received a DVD box set, not even the correct region – poor Gordon), we’ve lost sight of our priorities. The crucial question that everyone’s dying to have answered is this: how’s Norway getting on?

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photo credit: Mossaiq

They are two perennial problems facing the European Union: a lack of a clear, coherent vision for the future of European integration and a lack of any real leader to implement this vision. Answering “who is the head of the European Union?” is far more complicated than it should be. The President of the Commission? The head of the largest party in Parliament (joking)? Or perhaps the head of the European Council – the leader of the state which happens to hold the rotating EU Presidency?

This problem has suddenly got that much more difficult to answer, as yesterday the Czech government, the current holder of the Presidency, lost a vote of no confidence. How can you lose power in your country but retain it over a much wider area, the EU? According to EurActiv, the Czech Prime Minister Mirek Topolánek said “At the moment, this situation has no effect on the role of the president of the European Council,” in a statement issued by the Czech Presidency.

Three things support the Czech Republic’s retention of the Presidency. First of all, the post is actualy held by the rather outspoken President Václav Klaus. And secondly, as EurActiv also points out, “Governments of EU countries have collapsed while they were holding the Union’s reigns twice before – in 1993 in Denmark and in 1996 in Italy.” It continues, however, by pointing out that it has never happened in an economic crisis before – and this is no small crisis.

It is worth considering the extent to which these events led to Topolánek’s outspoken attacks on Obama’s stimulus package in the European Parliament today. Indeed, as the BBC reported:

He attacked the US’s growing budget deficit and the “Buy America” campaign, saying “all of these steps, these combinations and permanency is the way to hell”.

Maybe something was lost in translation – but that’s pretty strong stuff.

The third thing that really supports Klaus’ position is the fact that, because the President doesn’t really do all that much (as has been repeatedly demonstrated in the past), nobody really cares. Yes, the President of the Council theoretically has power to significantly drive the agenda, but it doesn’t really make that much difference (compared to the status quo) if he doesn’t. One area in which Klaus may be seen to have affected the agenda is through his country’s refusal to ratify the Lisbon Treaty – but even this may be seen more through the prism of domestic politics than a deliberately obstructionist policy as President of the Council. My point is – yes, he’s put something of a break on further integration, but there’s no reason to suspect that this wouldn’t have happened if hadn’t been in this European role.

Nevertheless, it’s certainly not a great situation: the government of the country that holds the Presidency of the European Union has just collapsed, significantly (it seems) due to the way they’ve handled the economy. Which makes these problems that much more difficult to handle at a European level, when, despite the weak institutional powers, strong leadership could have a significant positive effect.

The Presidency will be held by the Czech Republic until a mere three weeks before European Parliament elections. It’s not a great advertisement for why people should care about – or engage with – the EU.

Update: Mark Mardell thinks it could have a bigger effect, particularly on ratification of the Lisbon Treaty, and sensitve negotiations over the Working Time Directive. Maybe this could indeed be Sarkozy’s moment to come to the rescue.. but don’t hold your breath

photo credit: sunface13

So you may have noticed that my attempted liveblogging/twittering (tweeting?) from the Convention on Modern Liberty was not particularly successful, mostly because I just spent the time watching the debates, but also because I got a bit confused with twitter. All very complicated, this Interweb – it’s not a truck you just dump stuff on, it’s a series of tubes, you know.

The convention on the whole was pretty good. I had some preconceptions that it might be a bit worthy (or just outright smug) but in the end it was really interesting. Nothing particularly new but it brought together a lot of things in a more coherent way.

The aim of the convention was to spark debate and draw attention to the erosion of civil liberties in the UK after the last ten years.

A few things were worth noting (below the fold). (more…)

I’m at the Convention on Modern Liberty in London today, you can follow me on twitter!

Despite the large support from excellent groups like MySociety there unfortunately isn’t any wifi here so i won’t be able to provide too much during the day.

Update: I got a bit bored / frustrated at Twitter and in a knee-jerk reaction deleted my account. sorry! (there’s an aftermath post here).