Joe’s Rendition was a Military Intelligence Operation √

By | KEY ARTICLES
joes-rendition-was-a-military-intelligence-operation-joseph-de-saram-rhodium-linkedin

Joe's Rendition was a Military Intelligence Operation √

Published on 28th January 2018
Joseph-S-R-de-Saram

Joseph S R de Saram CISSP FBCS MIEEE MIScT MINCOSE MACS Snr CP

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
962

It was clear that after the exfiltration of data in December 2014, there would be some attempt to bypass the Fundamental Human Rights of Joseph de Saram. Joe’s unusual background has always put him in the enviable position of identifying military intelligence operations at the very early stages, and enables him to devise hardcore strategies before his adversaries are properly able to mobilise…

[THE REALLY ODD THING IS THAT I WAS ALREADY RELOCATING TO THE UK, HAD LOOKED AT PET TRANSPORTATION PEEPS AND HAD SET UP THREE NEW UK COMPANIES.

Q SO WHY THE IRREGULAR RENDITION TO A COUNTRY I WAS ALREADY GOING TO?

A SO THAT MY ADVERSARIES CAN DESCRIBE THEIR MALICIOUS ACTIVITIES AS LEGITIMATE AND TALK UP THEIR ‘CHASING/EVASIVE THEME’, WITH A VIEW TO ‘OPENING MORE DOORS’ AND [FRAUDULENTLY] OBTAINING MORE ‘EX-PARTE’ APPLICATIONS.]

Background

I was a client of Peter and Peters, an excellent UK Law firm that I had been dealing with since 2009. I had been using them specifically in the Bahamas in 2010 as my ‘other work’ often creates issues for parties who fail to interpret it correctly.

Dude, Where's My Laptop?

20171101 UPDATE I am finally about to re-write this article so please have a look at the old version before I do so. Quite interesting how people call...

As such there is always a risk of issues because of the nature of my ‘other work’ rather than anything to do with illegality of such work.

'IT/Management Consulting'

This post is about an excellent article At Booz Allen, a Vast U.S. Spy Operation, Run for Private Profit written by Matthew Rosenberg which appeared...

As such there is always a risk of issues because of the nature of my ‘other work’ rather than anything to do with illegality of such work.

Following theft of my data in December 2014, a process engineered by UK parties:-

UK IP 193.129.103.99 - A One in 3.7 Billion Fraud

IN THE FOLLOWING ARTICLE, THE USER OF IP ADDRESS 193.129.103.99 APPEARS TO BE GOWLING WLG, ALTHOUGH THEY WERE KNOWN AS 'WRAGGE LAWRENCE & GRAHAM'...

specific cryptographic patents were missing. I was instructing Peters and Peters in relation to ongoing matters of freight in Singapore as well as covert surveillance in Sri Lanka from early 2015 onwards.

Joe's Rendition was a Military Intelligence Operation

First and foremost, when before the suspension of my LinkedIn account, this article was one of the most viewed one. Additionally inferences can be dawn by the named organisations reviewing it…

Joe's Linkedin (524 views)

Tania's Linkedin (91 views)

Even Tania’s contacts were interested:-

Analysis

I knew that the dim analysis of my [exfiltrated] materials would probably result in a pseudo-extradition request being made, or at the very least information gathering under an MLATand/or MA.

However as 2015 went on I identified a definite military intelligence theme to the nonsense around me.

By 23 September 2015 I had identified body-worn IMSI catchers as well as cellular jammers.

Body-Worn Surveillance Equipment Doesn't Come in Childrens' Sizes

23 September 2015 - BODY-WORN IMSI CATCHER EXPOSED Similar to, if not Gamma Group Equipment Model 4062 Surveillance Image Following on from other...

Eight Days Before 23 September 2015:- 15 September 2015

I refer to the invoice from Peters & Peters which I received in October 2015:-

Page 01

Page 04

which refers to a call on 15 September 2015. As can be seen the invoice is issued to my old Bahamas address from 2010 which does confirm my 2010 location as stated in this article:-

The 'F-Word'

This article is primarily about Fiduciaries and Defense Contracting and their relation to [Irrevocable] Trusts, although Fraud, Fools and Finance are...

After the Psychiatric Fraud I found that this call between Jenny Barker and I had been wiped from our systems for some reason.

Destruction of Evidence Facilitated by Psychiatric Fraud

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However I recovered it and it is obvious why it was wiped…

20150915 145351 Call with Peters & Peters

 

20150915 145351 01 Peters X2 CELINT Hi Joe It's Jenny Barker

The call is self-explanatory, but there are some key aspects…

The first thing is the hissing noises at the start of the call – that is generally a sign of call interception in the key exchange / decryption phase – but I knew anyway from the commercial software installed on our mobile phones.

Note how my initial ‘Hello‘ is missing…

JB – “Hi Joe! It’s Jenny Barker here,”

and in what scenario do we see calls with lawyers intercepted?

UK admits unlawfully monitoring legally privileged communications

Intelligence agencies have been monitoring conversations between lawyers and their clients for past five years, government admits...

* * RENDITION SCENARIOS * *

Rendition-type Issues

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20180201 JDS LinkedIn Rendition-type Issues
20150915 145351 02 Peters X2 CELINT Hi Jenny How's It Going

JDS – “Ah Jenny! How’s it going?”

[HISS] – artefact of cellular interception

20150915 145351 03 Peters X2 So Many Security Issues

JB – “Okay, how are you?”

JDS – “No too bad, I haven’t spoken to you for a while, um, I’ll give you an update on a few things, have you got time?”

JB – “Hmm, [yes]”

JDS – “Perfect, now the first issue is that there are so many security issues here, that have been caused by tortious interference, defamation, everything by Margaret [Cunniffe], David [Brown], everybody else, okay?”

JB – “Hmm [Yes].”

20150915 145351 04 Peters X2 UK Government Hacking Systems Evidence

JDS – “But today and yesterday, I’ve actually got evidence  of parties in the UK trying to hack my systems.

[THE FORENSIC EVIDENCE CONFIRMED THAT THE NUMBER OF HACKS OVER THE PREVIOUS 24 HOURS WAS AN ASTONISHING 2.1 MILLION ATTEMPTS AGAINST A HARDWARE FIREWALL. THE TRICKY PART OF ANALYSIS WAS WHEN THE IP BLOCKS WERE BEING ROTATED TO OBFUSCATE THE ROUTING, BUT MY WIRESHARK EVIDENCE REMOVED ANY DOUBT.]

JB – “Okay.”

JDS – “And I don’t know whether it’s a UK Governmental organisation, I think it is, and I’ll probably send you an e-mail if I may, with some information, with the screenshots and that information that you’d need [for judicial proceedings].

[IT WAS DEFINITELY GOVERNMENTAL AND I WAS TRYING NOT TO COME ACROSS AS OVER-CONFIDENT AT THE START OF THE CALL.]

20150915 145351 05 Peters X2 Cryptographic Technology Clients Accounts

JDS – “I think that my theory that, obviously my information, and someone has tried to given an amazing explanation for it, um I think that’s really where this is coming from… and I think, my information there’s nothing wrong with my information at all, simple explanations, or sometimes complex explanations… but I’m sure foolish people who have got  low level interpretation of what I do, cryptographic technology, clients accounts, all this kind of stuff, in the past and in present, is obviuosly trying to make a case out of something.”

20150915 145351 08 Peters X2 Evidence MoD DoD IP Blocks And Methods

JDS – “But this ‘cloak and dagger’ approach is actually damaging, causing massive amounts of losses… so I just wanted to touch base with you about that… the evidence I’m going to send you is very specific and very fresh, from within a 24-hr period from the time it was caught… so I think we’d need to… I don’t know, do we get an injunction, do we write to them and ask them what they are doing, or what do we do in a situation like this?”

[THIS SPECIFIC EVIDENCE HAS BEEN DELIBERATELY DESTROYED BY THE PERPETRATORS FOR REASONS OBVIOUS ENOUGH AND I HAVE NOT BEEN ABLE TO RECOVER IT FROM SCANNING DRIVE SURFACES SO FAR. THIS ENTIRE OPERATION IS A GOVERNMENT BULLSHIT.]

JB – “Well I need to see what it is first, so you think it might be a government agency?”

JDS –Definitely, MoD… MoD and Department of Defense, using different IP ranges.”

JB – “[How can] you establish that clearly?”

JDS – “The method and the IP blocks useds.”

20150915 145351 09 Peters X2 Financed By Someone Overseas

JDS – “And it seems that someone overseas, is financing this, and there is a lot of harassment, people accessing computers, and it’s quite easy to determine now who’s behind this.”

[MARSH & MCLENNAN AND/OR AUGUSTA VENTURES.]

JB – “Okay, well send it to me, send it to me and then shall I call you again tomorrow once you have sent it to me?”

JDS – “Yes, that’ll be good, so expect it around mid-day tomorrow if not mid-morning your time and then we’ll have a strategy.”

20150915 145351 12 Peters X2 Evidence I Send You Is Quite Convincing

JDS – “So that’s the, I think it’s a fishing trip it’s they’ve got important data, maybe, their obviously handling stolen items, I don’t know whether we, I’m sure they know that and they hand it back, but yeah the stuff I send you is quite convincing.”

[WHICH SPECIFICALLY CONFIRMS THAT EVIDENCE EXISTED AT THAT TIME.]

JB – “Okay. Okay Joe, well send it to me then and I’ll given you another call tomorrow.”

JDS – “That’s perfect.”

20150915 145351 13 Peters X2 I Feel A Lot More Confident A Lot Better

JDS – “Apart from that, how are you, are you keeping well Jenny?”

JB – “Yeah fine thank you good, and you?”

JDS – “Yeah I’m alright actually.”

JB – “Are you back in health?”

JDS – “Yeah, trying to go on a diet, but no, I feel a lot more confident, a lot better… and my calls are less wordy which is a good thing as well.”

JB – “Yes!”

JDS – “Perfect! Well that’s just what I wanted to give you an update and I’ll send you some stuff through it will be with you tomorrow morning… obviously it’s not coming encrypted or anything, but it doesn’t matter… I don’t care anymore. Cool! Well, we may need to start batting down the hatches and preparing for something, and we’ll take it from there once you see the evidence, okay?”

[ONCE AGAIN I CORRECTLY DETERMINED WHAT WAS ABOUT TO HAPPEN – AND OF COURSE IT DID GET WORSE, EXACTLY AS I PREDICTED.]

JB – “Okay thanks Joe, I’ll speak to you tomorrow.”

JDS – “Take care, bye.”

I Have a Cunning Plan

Timeline

20150915 – Call with Jenny re MOD / DOD

20150923 – ShitLankansTM farting around with rucksacks

20150925 112008 – Ian Jones re SAS

This part would have been fun. Jones (who was another mole) had been desperately trying to tell me that the activities in Sri Lanka had nothing to do with the UK. So it made sense for me to use him as a conduit for the dissemination of information.

In the following recording I have asked for support from ex-SAS soldiers. The brief to Jones was that they would be merely dealing with ‘Dim LankansTM’. However I was really interested to see what would happen if a party with direct and classified connections to the MOD were put into a scenario in which the adversaries were ultimately military intelligence – MOD/DOD 🙂

I WAS RUNNING SOCIOLOGY EXPERIMENTS AT THE SAME TIME 🙂

As can also be heard I specifically ensure that they are licensed to carry firearms – unlike my adversaries I comply with the legal doctrine of ‘clean hands’ 🙂

I had really wanted to meet with them, gather intel from them and then send disinformation upstream. They would obviously not be loyal to me. Though I was hoping that it would be like putting two male Siamese Fighting Fish in the same tank!

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The below audio recording was made on 18 December 2015 when I unlawfully imprisoned in the Psychiatric Facility:- A key statement I made is "If...

However I absolutely correctly identified the issues by mid-September 2015. This was 8 days before the videos of the ShitLankansTM with rucksacks.

As such I already had evidence and my evidence was NOT based on observations of people farting around – that was ‘street theatre’ obviously but I feigned my behaviour 🙂

But the following is the relevant equation:-

EXTRADITION x MILITARY INTELLIGENCE THEME = RENDITION

Joe’s Tactical Response

Once I had determined that, I arranged for Adrian the Cat to purchase the Cellular Jammer:-

The Right of Private Defence

THIS MUST SURELY BE ONE OF THE MOST UNIQUE APPLICATIONS OF THE RIGHT OF PRIVATE DEFENCE THAT PEOPLE HAVE SEEN 🙂 I refer to the article by Preveena...
the-unalienable-right-of-private-defence-joseph-de-saram-rhodium-linkedin-featured

which gave this IRREFUTABLE FORENSIC EVIDENCE:-

Irrefutable Identification of Cellular Interception via Pure Forensic Analysis

The video above is by Annie Machon, an ex-Intelligence Officer who worked for MI5. Annie is one of the few of us left who actually have Brains &...
irrefutable-identification-of-cellular-interception-via-pure-forensic-analysis-joseph-de-saram-rhodium-linkedin-featured

When I correctly identified the issue, my adversaries were completely fucked, the very next day this happened:-

Dangerously Low Blood Pressure Deliberately Induced for the LK RTA Fraud

Please add me to your connections and read other unusual articles relating to Information Security, Forensics, and Fundamental Human Rights...

My blood pressure was deliberately dropped to a ridiculously low level:-

Time for Tea

Assassination is usually defined as politically inspired murder. The term is probably derived from the Arabic word for hemp (Hashish), which was...

and I was injected with drugs ahead of the rendition flight:-

Pseudo-Lethal Injections Ahead of Rendition

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Absolutely disgraceful but:-

I have far superior intelligence and better experience of clandestine operations than my adversaries obviously 🙂

Joe’s Perfect Analysis of the Intelligence Gathered

BUT IS OBVIOUS THAT MY ANALYSIS OF THE SCENARIO WAS COMPLETELY CORRECT AND NO ‘MENTAL PROBLEM’ WAS EVIDENT WHATSOEVER – THAT WAS OBVIOUSLY ANOTHER GOVERNMENT COVER-UP:-

'Paranoid Persecutory Delusions' Label in Military Intelligence Operations - the Martha Mitchell Effect

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This interesting case continues…

Joseph-S-R-de-Saram

Joseph S R de Saram CISSP FBCS MIEEE MIScT MINCOSE MACS Snr CP

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
RHODIUM GROUP

For Your Eyes Only via Section 6 UK Justice and Security Act 2013

By | KEY ARTICLES
for-your-eyes-only-via-section-6-uk-justice-and-security-act-2013-joseph-de-saram-rhodium-linkedin

'For Your Eyes Only' via Section 6 UK Justice and Security Act 2013 (±x)

Published on 18th January 2018
Joseph-S-R-de-Saram

Joseph S R de Saram CISSP FBCS MIEEE MIScT MINCOSE MACS Snr CP

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
719

Enter more text here

“James Bond Agent 007 is assigned to hunt for a lost British encryption device and prevent it from falling into enemy hands.”

But what about Joe de Saram Agent 001 and his encryption stuff? Ha ha!

Summary

CMP and PII relate to scenarios in which a government tries to get out of compensation claims for crimes such as kidnap, torture, unlawful detainment and rendition. It effectively means that evidentiary material is suppressed on the grounds of ‘compromising national security’. (whatever that means). Without evidence cases generally collapse.

Director of Public Prosecutions asks Foreign Office to withhold evidence in torture case - Reprieve

Britain’s most senior prosecutor has asked the Foreign Office to apply to withhold evidence from two survivors of a UK-US ‘rendition’, it emerged today. The move surfaced in a court hearing involving the 2004 rendition of Abdul-Hakim Belhaj and his...

Q – But what happens if the victim bringing the claim has significant experience in these types of Military Intelligence / Law Enforcement (“MI/LE”) operations as well as Forensic Science, and has irrefutable evidence?

A – CMP is no longer relevant as a tool to suppress evidence, so Political Psychiatry comes in before the matter gets to court…

IT APPEARS THAT A MI OPERATION (UK-US-NATO, ACTUALLY APPEARS SIMILAR TO A FISA WARRANT IN FACT)

Listening In

I watched an interesting video of Tucker Carlson, in which he had Senator Jim Himes on his show. Senator Himes is a member of the Permanent Select ...

HAS PAVED THE WAY FOR A LOW LEVEL LAW ENFORCEMENT OPERATION, IN WHICH I WILL END UP FUNDING THEIR ‘COMPLETE BALLS-UP’, VIA POCA 2002 🙂

Jason and the Aldridgenauts

Please add me to your connections and read other unusual articles relating to Information Security, Forensics, and Fundamental Human Rights ...

Background

When I was on Hong Kong SAR in June 2012 my colleagues provided me with the Justice and Security Green Paper which was quite interesting reading. Up to that point, I had not known about it as I had been out of touch with UK-related legislation. And I did not think about it further until mid-2015, for reasons obvious enough 🙂

Justice and Security Act 2013

An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and for connected purposes.

Section 6

Justice and Security Act 2013

An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure ...

Specific Relevance to My Identification of Covert Surveillance

Please refer to this article:-

Evidence of 'Parallel Construction'

20180118 UPDATES I have cross-referenced a few articles which will make my 'adventures' easier to comprehend 🙂 20170324 INITIAL William Binney, an ...

Section 56 of IPA 2016 and Parallel Construction

Prosecutors are able to build a parallel – or separate – evidentiary basis for a criminal prosecution, and present this false parallel case in court in order to conceal how the investigation actually began – we all know the Melbourne Fraudsters are involved 🙂

Please refer to this article:-

UTTERLY RIDICULOUS

The primary method that prosecution evidence can be challenged now is the production of evidentiary grade forensic material which can stand alone, and which actively confirms the REAL methods that the evidence was unlawfully obtained. The production of exculpatory evidence by the defence in rebuttal does not require any answers from the prosecution.

Expert Witness

As parties know I am more than competent in writing Expert Testimony and gathering Forensic Evidence, and therefore I do not need another intermediary who will ‘hold my hand’ and ‘check my data for me’ before he ‘fumbles around and struggles to present it in court’.

Whilst my report would not be ‘expert testimony’ (because it relates to my own case), my material would certainly exceed the level of an expert witness so how it is labelled is unimportant if it achieves its objectives.

Furthermore, it would then be a case of cross-examining the prosecution witnesses and others using MY evidence, which is not barred by IPA 2016.

How to Identify Cellular Interception via Pure Forensic Analysis

The video above is by Annie Machon, an ex-Intelligence Officer who worked for MI5. Annie is one of the few of us left who actually have Brains & ...
irrefutable-identification-of-cellular-interception-via-pure-forensic-analysis-joseph-de-saram-rhodium-linkedin-featured

How to Identify Cellular Interception via IMSI Catcher Failure

Please add me to your connections and read other unusual articles relating to Information Security, Forensics, and Fundamental Human Rights ...

I know how this started and my forensics are better:-

UK IP 193.129.103.99 - A One in 3.7 Billion Fraud

IN THE FOLLOWING ARTICLE, THE USER OF IP ADDRESS 193.129.103.99 APPEARS TO BE GOWLING WLG, ALTHOUGH THEY WERE KNOWN AS 'WRAGGE LAWRENCE & GRAHAM' ...

In the case of Ian Puddick, it is clear that his adversaries wanted the ‘heads up’ before the matter progressed.

After the December 2015 Psychiatric Facility Fraud against me which led to around 10 terabytes of evidentiary data being stolen, I was completely on the back foot.

However the ‘clean-up operation by the perpetrators’ has not been as successful as they would have liked, as I have managed to recover at least 15-20% via scanning other drives surfaces and relying upon the concept of data remanence.

The steps they originally took to wipe data would have meant that I would not have been able to challenge their [historic] ‘chain of custody’. This is particularly relevant because of paragraph 04 of Section 56:-

which serves to legitimise all prior unlawful activity by the prosecution and its agents.

Specific Case of Relevance

The “uneasy” co-existence of public interest immunity and closed material procedure

CF v Security Service and others and Mohamed v Foreign and Commonwealth Office and others [[2013] EWHC 3402 (QB) – read judgment The High Court has today made the first court ruling on the us…

CF v Security Service and others and Mohamed v Foreign and Commonwealth Office and others [2013] EWHC 3402 (QB) – read judgment

The High Court has today made the first court ruling on the use of the Justice and Security Act 2013 in a civil claim for damages.

In a ruling on preliminary issues, Irwin J made a declaration that the government can make a closed material application to the court in this case. The Court also ruled on PII. The following summary is based on the Court’s press release.

Factual background

CF and Mohammed Ahmed Mohamed are both British citizens of Somali descent. CF left the United Kingdom in 2009, Mohammed Ahmed Mohamed having left in 2007. They were both detained by the Somaliland Authorities on 14 January 2011. CF and Mohammed Ahmed Mohamed were then detained until removal to the UK on 14 March 2011.

JOSEPH DE SARAM IS A BRITISH CITIZEN OF SRI LANKAN DESCENT. HE LEFT THE UNITED KINGDOM IN 2000. HE WAS TORTURED, KIDNAPPED AND UNLAWFULLY DETAINED UNTIL THE PLANNED 'IRREGULAR RENDITION'. HE WAS DETAINED IN A PSYCHIATRIC FACILITY BY SRI LANKAN AUTHORITIES FROM 17 DECEMBER 2015.

Each claims that they were unlawfully detained

Extrajudicial Psychiatric Detention

Extrajudicial detention covers a wide range of situations in which the physical freedom of an individual is constrained or abridged by authority ...

tortured

Breaking Four of My Fingers was Textbook Torture v3

Please add me to your connections and read other unusual articles relating to Information Security, Forensics, and Fundamental Human Rights ...

and mistreated during the period of detention in Somaliland.

What happened to me is a signature match in terms of techniques and modus operandi:-

Pseudo-Lethal Injections Ahead of Rendition

Please add me to your connections and read other unusual articles relating to Information Security, Forensics, and Fundamental Human Rights ...

Procedural history

The process of considering an application to withhold information from disclosure on the grounds of public interest (a PII application), and the procedures laid down under the JSA were “very different”, and in their essence may be thought of as conflicting. In his leading judgment in Al Rawi v Security Service [2012] 1 AC 531 Lord Dyson described a closed procedure as “the very antithesis of PII”.”

The JSA permits the State to establish a regime, if the relevant criteria are established in the case in hand, allowing evidence to be adduced in private, under strict conditions which do not threaten national security. As Irwin J observed,

This can avoid the need for a concession which threatens or carries injustice for the State. It imports a corresponding risk of injustice to the claimant acting against the state, whose case will now be met by evidence he never hears and cannot answer.(para 18)

The judge concluded that the court could make a declaration, and adopt a closed material procedure, before disclosure had been given and without a PII claim having been made or determined. The question of whether it was in the interests of the fair and effective administration of justice in the proceedings to make a declaration should turn on the specific circumstances of the case in hand, and could not properly turn on objections which would arise in every case, and which would therefore, if successful, subvert the intention of Parliament.

The pre-condition for a declaration set out in S6(7) of the JSA was agreed by the parties to have been fulfilled, since the Secretary of State had not merely considered whether to make a claim for public interest immunity in relation to the material on which this application was based, but had in fact done so before making this application.

The material advanced here was withheld in the control order proceedings pursuant to the Prevention of Terrorism Act 2005. A PII application was made in these proceedings in relation to this material, although that application was now in effect superseded by the application for a CMP.

In respect of the application for a declaration for closed material procedures, Irwin J went on make the declaration pursuant to S6(1) of the JSA 2013 that a closed material application could be made to the court.

Public Interest Immunity

The co-existence of the JSA 2013 and PII was, in Irwin J’s opinion, “uneasy”. In his view

the description of the processes cited above as being “antithetical” is just. Moreover, in restricting the ambit of the JSA to material affecting national security, excluding material where PII may be sought on other grounds, Parliament has created problematic anomalies. If, as in this case, material is sought to be excluded on the ground of potential damage to the international relations of the UK, then to the extent that such an application is successful, that material cannot be introduced into a CMP which has been permitted pursuant to the Act. So if a declaration is followed by permission for a CMP, material which would have been excluded under a PII application on the (usually) more serious and pressing ground of potential damage to national security will be seen and assessed by the court; material excluded on the ground of potential damage to international relations cannot be considered either in the open proceedings or within the CMP.

Another anomaly is the restricted potential response by the State to an unsuccessful application for PII, based on the international relations ground. Usually, if the State is unsuccessful, the relevant Secretary of State has the choice to abandon the case or the issue in question, and by that means avoid disclosure. Where there has been a declaration, meaning that sensitive material can be considered, it is hard to see that as a practical choice, unless the issues to which the PII-excluded material relates, are quite discrete from the case which will be addressed within the CMP.

The Matrix Revisited - Arms to Iraq in the 1980s v Weaponised Software in the 2010s

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Article – by Jo Shaw

The question of what procedural fairness demands in the context of national security is troubling the courts.

Recent Court of Appeal decisions have highlighted the contextual approach taken by the courts to questions of fundamental fairness.

These questions are thrown into sharp relief by the procedural fairness question which lies at the heart of the use of the controversial Closed Material Procedure.

Kiani [2015] EWCA Civ 776 and Bank Mellat [2015] EWCA Civ 1052 were heard on subsequent days in July by the same panel. The Court of Appeal has now delivered opposing judgments as to when ‘A-type’ disclosure is required. In brief the answer is: ‘It depends on the context.’

A-type disclosure is so-called following the European Court of Human Rights (ECtHR) decision in A v UK (2009) 49 EHRR 29, applied by the House of Lords in AF (No 3) [2009] UKHL 28.

These two decisions set down the principle that fair trial rights contained in article 6 required a ‘minimum standard of disclosure’ such that the appellant could provide instructions to the special advocate appointed to act in their interests in a closed hearing when fundamental rights were at stake. In the absence of A-type disclosure, the information provided to a litigant can be general in nature and extremely limited, to the extent that no detail of any kind is disclosed.

In Tariq [2011] UKSC 35, however, the Supreme Court concluded that while article 6 rights may be at issue so that the requirements for a fair trial must be met, applying the ECtHR decision of Kennedy (2011) 52 EHRR 4 article 6 did not inevitably require A-type disclosure or summary: ‘There are no hard edged rules in this area of the law’ (Lord Hope). The important consideration for the court was, looking at the proceedings as a whole, ‘was there a fair hearing?’.

Lord Kerr’s dissent strongly decried the contextual approach of the majority, describing Kennedy as an anomaly in the ECtHR jurisprudence.

Since these early decisions the courts have repeatedly been called upon to determine what circumstances require A-type disclosure, which leads us to Kiani and Bank Mellat.

Kiani

Like Tariq, Kiani related to employment tribunal proceedings after the appellant’s dismissal following revocation of his security vetting certificate on national security grounds. They both unsuccessfully challenged this revocation, and then sought to challenge their dismissal on grounds of race discrimination and religious discrimination.

The appellant in Kiani relied upon the European Court of Justice (ECJ) decision of ZZ CJEU C300/11 04.06.13 to attack the Supreme Court’s judgment in Tariq.

In ZZ, a French-Algerian national successfully argued that EU law required a minimum of disclosure to be provided in a determination of the right of freedom of movement, thereby requiring the home secretary to give reasons for the refusal to allow him to re-enter the UK, notwithstanding the national security concerns said to be at the heart of the refusal.

Mr Kiani relied on ZZ, arguing that a summary amounting to an irreducible minimum was always required in any case to which the Charter of Fundamental Rights applied (unlike under the ECtHR), so as to enable him to give instructions to the Special Advocate. He was unsuccessful.

Lord Dyson’s lead judgment referred to the context-specific nature of the duty of disclosure drawing a distinction between cases involving free movement of persons, a fundamental right under EU law, and other types of case, such as those involving employment rights and protections. The ‘more demanding standard’ of supplying A-type disclosure was not to be required in all circumstances.

Thus an apparent difference of disclosure obligations between cases involving questions of EU law and the application of the ECtHR was rejected by the Court of Appeal.

Bank Mellat

The most recent Bank Mellat decision again held that context is all. The appealed interlocutory orders related to the disclosure to be provided in the context of the bank’s challenge to further directions made under schedule 7 of the Counter-Terrorism Act 2008. The bank primarily relied upon article 6 but, in the event that argument failed, relied on the EU law points advanced unsuccessfully in Kiani.

The court below had held that the AF (No 3) requirement of a minimum standard of disclosure applied, but then applied that standard restrictively, meaning very little information needed to be disclosed. The Treasury appealed the application of AF (No 3) and the bank cross-appealed the order requiring very limited disclosure.

The court found that the reasoning of the lower court had correctly interpreted the authorities as to the requirement for disclosure in financial restriction cases.

In so doing, the Court of Appeal referred to asset-freezing order decisions to which the A-type disclosure standard applies, as the restrictions on liberty caused by such measures are so great as to amount to an infringement of fundamental rights, whether the measures apply to a business or an individual.

POCAhontas 2002

Just like the long-haired bird in the cartoon above, I was asking my local tree about 'my path and how am I ever going to find it'. The tree responded ...

The ECtHR argument was sufficient for the appellants to win the day, so the possibility of a different EU standard indicated by the decisions in this case and that of Kiani did not need to be considered. The question of the level of further disclosure was also determined in the bank’s favour and referred back to the High Court for determination in the light of further disclosure from the Treasury.

Conclusion

The importance of these two decisions and the continuing absence of bright lines should not be underestimated.

The UK government’s starting point in such cases is that article 6 does not require disclosure and therefore the obligation does not exist in the particular case being litigated. The cases of Belhaj and Rahmatullah are before the Supreme Court this month, and Shaker Aamer’s recent release from detention may lead to litigation. If the Supreme Court upholds the Court of Appeal’s decision that state immunity and the foreign actions of state doctrines do not bar hearing the claims of UK complicity in torture and kidnap, as alleged by Belhaj and Rahmatullah, then at least two procedural questions will almost certainly fall for determination:

(1) does the case meet the requirements for a declaration under section 6 of the Justice and Security Act 2013 providing for a closed material procedure; and

(2) if so, to what disclosure, if any, are the claimants entitled?

The defendants’ argument is likely to be that liberty is not at stake, that these are damages claims only, and that therefore Kennedy and Tariq apply, meaning there is no requirement for A-type disclosure.

Bank Mellat is a welcome reiteration of the disclosure obligations in fundamental rights cases.

Nonetheless the question of what procedural fairness demands in the context of national security is likely to further trouble the courts, including allegations of torture and kidnap.

Abduction Ahead of Rendition

"I have a very particular set of skills, skills I've acquired over a very long career, skills that make me a nightmare for people..." Background As is ...

These decisions should properly be viewed in this gravest of contexts.

I will be referring to this article ‘For Your Eyes Only’ via Section 6 UK Justice and Security Act 2013′ in relation to various Fake Probable Cause / Destruction of Evidence articles…

Joseph-S-R-de-Saram

Joseph S R de Saram CISSP FBCS MIEEE MIScT MINCOSE MACS Snr CP

Information Security Architect / Intelligence Analyst / Computer Scientist / Human Rights Activist / COMSEC / SIGINT / TSCM
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